80 FR 52070 - Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice of Proposed Rule Change Regarding Reportable Position and Ownership and Control Reporting Clarifications

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 166 (August 27, 2015)

Page Range		52070-52071
FR Document		2015-21209
Federal Register, Volume 80 Issue 166 (Thursday, August 27, 2015)
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Notices]
[Pages 52070-52071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21209]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75748; File No. SR-CFE-2015-006]


Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice 
of Proposed Rule Change Regarding Reportable Position and Ownership and 
Control Reporting Clarifications

August 21, 2015.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on August 14, 2015 CBOE 
Futures Exchange, LLC (``CFE'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change described in Items I, II, and III below, which 
Items have been prepared by CFE. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons. CFE also has filed this proposed rule change with the 
Commodity Futures Trading Commission (``CFTC''). CFE filed a written 
certification with the CFTC under Section 5c(c) of the Commodity 
Exchange Act (``CEA'') \2\ on August 14, 2015.
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    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
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I. Self-Regulatory Organization's Description of the Proposed Rule 
Change

    The Exchange proposes to amend CFE rules to clarify the application 
of CFE requirements relating to reportable positions and ownership and 
control reports. The scope of this filing is limited solely to the 
application of the rule amendments to security futures traded on CFE. 
The only security futures that have been traded on CFE were traded 
under Chapter 16 of CFE's Rulebook which is applicable to Individual 
Stock Based and Exchange-Traded Fund Based Volatility Index security 
futures. CFE does not currently list any security futures for trading. 
The text of the proposed rule change is attached as Exhibit 4 to the 
filing but is not attached to the publication of this notice.

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

    In its filing with the Commission, CFE 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. CFE 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
    CFE submitted CFE Rule Certification Submission Number CFE-2015-003 
(``CFE-2015-003'') to the CFTC and CFE Rule Filing Number SR-CFE-2015-
001 (``SR-CFE-2015-001'') \3\ to the Commission on January 28, 2015 
(collectively, the ``Prior Filings'') to amend CFE Rule 412B (Ownership 
and Control Reports) to require CFE Trading Privilege Holders 
(``TPHs'') and non-TPHs to concurrently file with the Exchange 
submissions relating to CFE contracts that are required to be filed 
with the CFTC pursuant to the Final Rule adopted by the CFTC under the 
caption Ownership and Control Reports (``OCR Rule'').\4\ In particular, 
the Prior Filings amended Rule 412B to require each TPH and non-TPH to 
file concurrently with the Exchange the new CFTC Forms 102A, 102B, and 
71 (including any attachments, related submissions, or related 
information) relating to CFE contracts that each TPH or non-TPH is 
required to report to the CFTC under the OCR Rule. In addition, CFE-
2015-003 amended Rule 412B to require each TPH that is not a Clearing 
Member to report to the Exchange the same information regarding the 
identification and reporting of special accounts relating to CFE 
contracts that the OCR Rule requires each TPH that is a Clearing Member 
to report to the CFTC. CFE-2015-003 provided that these changes would 
become effective on or after February 11, 2015, on a date to be 
announced by the Exchange through the issuance of a circular. The 
Exchange has not yet made these changes effective and intends to do so 
consistent with the compliance dates under the OCR Rule as provided for 
by the CFTC.\5\
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    \3\ See Securities Exchange Act Release No. 74204 (February 4, 
2015), 80 FR 7518 (February 10, 2015).
    \4\ See CFTC RIN 3038-AD31, Ownership and Control Reports, Forms 
102/102S, 40/40S, and 71, Final Rule, 78 FR 69178 (November 18, 
2013).
    \5\ See CFTC No-Action Letter No. 15-03 (February 10, 2015) 
(which provided conditional time-limited no-action relief to extend 
certain compliance dates under the OCR Rule).
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    The purpose of the proposed rule change is to make some clarifying 
changes with respect to the rule amendments included in the Prior 
Filings.
    First, CFE proposes to further amend Rule 412B to make clear that 
TPHs and non-TPHs will continue to be required to concurrently report 
to the Exchange reportable positions relating to Exchange contracts 
that they are required to report to the CFTC pursuant to CFTC 
regulations. This is required under current Rule 412B, and the Exchange 
believes that it continues to be required by Rule 412B as amended by 
the Prior Filings. However, in order to eliminate any potential 
ambiguity in this regard, CFE is further amending Rule 412B as amended 
by the Prior Filings to make this explicit and is changing the title of 
Rule 412B to specifically reference reportable positions.
    Second, CFE proposes to amend CFE Rule 714 (Imposition of Fines for 
Minor Rule Violations) to make new paragraph (c) of Rule 412B added by 
the Prior Filings subject to the same summary fine schedule under Rule 
714(f)(vii) that already applies with respect to violations of 
paragraphs (a) and (b) of Rule 412B. Rule 412B(c) is the provision of 
Rule 412B that requires each TPH that is not a Clearing Member to 
report to the Exchange the same information regarding the 
identification and reporting of special accounts relating to CFE 
contracts that the OCR Rule requires each TPH that is a Clearing Member 
to report to the CFTC. The summary fine schedule under Rule 714(f)(vii) 
is a Letter of Caution for a first offense, a $7,500 fine for a second 
offense, a $15,000 fine for a third

[[Page 52071]]

offense, and referral to CFE's Business Conduct Committee for 
subsequent offenses (all as measured over any twelve month rolling 
period).
    Third, CFE is further revising the reportable volume provision in 
CFE Rule 1602(n)(ii) that is included in CFE's contract specification 
rule chapter for Individual Stock Based and Exchange-Traded Fund Based 
Volatility Index security futures to make clear that this provision is 
referencing the reportable trading volume in one of those products that 
triggers the requirement to report a volume threshold account to the 
CFTC.
    The Amendment also includes some minor, non-substantive wording 
changes, such as to delete a reference in Rule 412B(b) to CFTC Form 
102S which is not applicable with respect to CFE products.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\6\ in general, and furthers the 
objectives of Sections 6(b)(5) \7\ and 6(b)(7) \8\ in particular in 
that it is designed:
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78f(b)(7).
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     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 facilitating transactions in securities,
     to remove impediments to and perfect the mechanism of a 
free and open market and a national market system, and in general, to 
protect investors and the public interest.
    The Exchange believes that the proposed rule change will strengthen 
its ability to carry out its responsibilities as a self-regulatory 
organization. CFE needs to receive the same information relating to 
reportable positions in CFE contracts from TPHs and non-TPHs that is 
required to be reported to the CFTC, as well as the information that 
TPHs and non-TPHs provide to the CFTC under the new OCR Rule, in order 
to carry out CFE's market surveillance program. The proposed rule 
change facilitates CFE's ability to receive this information in a form 
and manner that will allow its seamless integration into the market 
surveillance program and systems utilized by CFE and its regulatory 
services provider by making explicit that TPHs and non-TPHs are 
required to provide this information to CFE in a form and manner 
prescribed by the Exchange.

B. Self-Regulatory Organization's Statement on Burden on Competition

    CFE 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, in that the rule change enhances CFE's market 
surveillance program. The Exchange believes that the proposed rule 
change is equitable and not unfairly discriminatory because the 
amendments would apply equally to all TPHs and non-TPHs that are 
subject to the applicable requirements.

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

    The proposed rule change will become effective on or after 
September 30, 2015, on a date to be announced by the Exchange through 
the issuance of a circular. At any time within 60 days of the date of 
effectiveness of the proposed rule change, the Commission, after 
consultation with the CFTC, may summarily abrogate the proposed rule 
change and require that the proposed rule change be refiled in 
accordance with the provisions of Section 19(b)(1) of the Act.\9\
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    \9\ 15 U.S.C. 78s(b)(1).
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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-CFE-2015-006 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-CFE-2015-006. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (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 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CFE-2015-006, and should be 
submitted on or before September 17, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(73).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21209 Filed 8-26-15; 8:45 am]
 BILLING CODE 8011-01-P
52070 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices

printing in the Commission’s Public positions and ownership and control CFTC under the OCR Rule. In addition,
Reference Room, 100 F Street NE., reports. The scope of this filing is CFE–2015–003 amended Rule 412B to
Washington, DC 20549, on official limited solely to the application of the require each TPH that is not a Clearing
business days between the hours of rule amendments to security futures Member to report to the Exchange the
10:00 a.m. and 3:00 p.m. Copies of the traded on CFE. The only security futures same information regarding the
filing also will be available for that have been traded on CFE were identification and reporting of special
inspection and copying at the principal traded under Chapter 16 of CFE’s accounts relating to CFE contracts that
office of the Exchange. All comments Rulebook which is applicable to the OCR Rule requires each TPH that is
received will be posted without change; Individual Stock Based and Exchange- a Clearing Member to report to the
the Commission does not edit personal Traded Fund Based Volatility Index CFTC. CFE–2015–003 provided that
identifying information from security futures. CFE does not currently these changes would become effective
submissions. You should submit only list any security futures for trading. The on or after February 11, 2015, on a date
information that you wish to make text of the proposed rule change is to be announced by the Exchange
available publicly. All submissions attached as Exhibit 4 to the filing but is through the issuance of a circular. The
should refer to File Number SR–BX– not attached to the publication of this Exchange has not yet made these
2015–050 and should be submitted on notice. changes effective and intends to do so
or before September 17, 2015. consistent with the compliance dates
II. Self-Regulatory Organization’s
For the Commission, by the Division of Statement of the Purpose of, and under the OCR Rule as provided for by
Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule the CFTC.5
authority.14
Change The purpose of the proposed rule
Robert W. Errett, change is to make some clarifying
Deputy Secretary. In its filing with the Commission, CFE changes with respect to the rule
included statements concerning the amendments included in the Prior
[FR Doc. 2015–21081 Filed 8–26–15; 8:45 am]
purpose of and basis for the proposed Filings.
BILLING CODE 8011–01–P
rule change and discussed any First, CFE proposes to further amend
comments it received on the proposed Rule 412B to make clear that TPHs and
SECURITIES AND EXCHANGE rule change. The text of these statements non-TPHs will continue to be required
COMMISSION may be examined at the places specified to concurrently report to the Exchange
in Item IV below. CFE has prepared reportable positions relating to
[Release No. 34–75748; File No. SR–CFE– summaries, set forth in Sections A, B,
2015–006]
Exchange contracts that they are
and C below, of the most significant required to report to the CFTC pursuant
aspects of such statements. to CFTC regulations. This is required
Self-Regulatory Organizations; CBOE
Futures Exchange, LLC; Notice of A. Self-Regulatory Organization’s under current Rule 412B, and the
Proposed Rule Change Regarding Statement of the Purpose of, and Exchange believes that it continues to be
Reportable Position and Ownership Statutory Basis for, the Proposed Rule required by Rule 412B as amended by
and Control Reporting Clarifications Change the Prior Filings. However, in order to
eliminate any potential ambiguity in
August 21, 2015. 1. Purpose this regard, CFE is further amending
Pursuant to Section 19(b)(7) of the CFE submitted CFE Rule Certification Rule 412B as amended by the Prior
Securities Exchange Act of 1934 Submission Number CFE–2015–003 Filings to make this explicit and is
(‘‘Act’’),1 notice is hereby given that on (‘‘CFE–2015–003’’) to the CFTC and CFE changing the title of Rule 412B to
August 14, 2015 CBOE Futures Rule Filing Number SR–CFE–2015–001 specifically reference reportable
Exchange, LLC (‘‘CFE’’ or ‘‘Exchange’’) (‘‘SR–CFE–2015–001’’) 3 to the positions.
filed with the Securities and Exchange Commission on January 28, 2015 Second, CFE proposes to amend CFE
Commission (‘‘SEC’’ or ‘‘Commission’’) (collectively, the ‘‘Prior Filings’’) to Rule 714 (Imposition of Fines for Minor
the proposed rule change described in amend CFE Rule 412B (Ownership and Rule Violations) to make new paragraph
Items I, II, and III below, which Items Control Reports) to require CFE Trading (c) of Rule 412B added by the Prior
have been prepared by CFE. The Privilege Holders (‘‘TPHs’’) and non- Filings subject to the same summary
Commission is publishing this notice to TPHs to concurrently file with the fine schedule under Rule 714(f)(vii) that
solicit comments on the proposed rule Exchange submissions relating to CFE already applies with respect to
change from interested persons. CFE contracts that are required to be filed violations of paragraphs (a) and (b) of
also has filed this proposed rule change with the CFTC pursuant to the Final Rule 412B. Rule 412B(c) is the provision
with the Commodity Futures Trading Rule adopted by the CFTC under the of Rule 412B that requires each TPH
Commission (‘‘CFTC’’). CFE filed a caption Ownership and Control Reports that is not a Clearing Member to report
written certification with the CFTC (‘‘OCR Rule’’).4 In particular, the Prior to the Exchange the same information
under Section 5c(c) of the Commodity Filings amended Rule 412B to require regarding the identification and
Exchange Act (‘‘CEA’’) 2 on August 14, each TPH and non-TPH to file reporting of special accounts relating to
2015. concurrently with the Exchange the new CFE contracts that the OCR Rule
I. Self-Regulatory Organization’s CFTC Forms 102A, 102B, and 71 requires each TPH that is a Clearing
Description of the Proposed Rule (including any attachments, related Member to report to the CFTC. The
Change submissions, or related information) summary fine schedule under Rule
rmajette on DSK2VPTVN1PROD with NOTICES

relating to CFE contracts that each TPH 714(f)(vii) is a Letter of Caution for a
The Exchange proposes to amend CFE first offense, a $7,500 fine for a second
or non-TPH is required to report to the
rules to clarify the application of CFE offense, a $15,000 fine for a third
requirements relating to reportable 3 See Securities Exchange Act Release No. 74204

(February 4, 2015), 80 FR 7518 (February 10, 2015). 5 See CFTC No-Action Letter No. 15–03 (February
14 17 CFR 200.30–3(a)(12). 4 See CFTC RIN 3038–AD31, Ownership and 10, 2015) (which provided conditional time-limited
1 15 U.S.C. 78s(b)(7).
Control Reports, Forms 102/102S, 40/40S, and 71, no-action relief to extend certain compliance dates
2 7 U.S.C. 7a–2(c). Final Rule, 78 FR 69178 (November 18, 2013). under the OCR Rule).

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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices 52071

offense, and referral to CFE’s Business B. Self-Regulatory Organization’s Commission process and review your
Conduct Committee for subsequent Statement on Burden on Competition comments more efficiently, please use
offenses (all as measured over any CFE does not believe that the only one method. The Commission will
twelve month rolling period). proposed rule change will impose any post all comments on the Commission’s
Third, CFE is further revising the burden on competition not necessary or Internet Web site (http://www.sec.gov/
reportable volume provision in CFE appropriate in furtherance of the rules/sro.shtml). Copies of the
Rule 1602(n)(ii) that is included in purposes of the Act, in that the rule submission, all subsequent
CFE’s contract specification rule chapter change enhances CFE’s market amendments, all written statements
for Individual Stock Based and surveillance program. The Exchange with respect to the proposed rule
Exchange-Traded Fund Based Volatility believes that the proposed rule change change that are filed with the
Index security futures to make clear that is equitable and not unfairly Commission, and all written
this provision is referencing the discriminatory because the amendments communications relating to the
reportable trading volume in one of would apply equally to all TPHs and proposed rule change between the
those products that triggers the non-TPHs that are subject to the Commission and any person, other than
requirement to report a volume applicable requirements. those that may be withheld from the
threshold account to the CFTC. public in accordance with the
The Amendment also includes some C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be
minor, non-substantive wording Statement on Comments on the available for Web site viewing and
changes, such as to delete a reference in Proposed Rule Change Received From printing in the Commission’s Public
Rule 412B(b) to CFTC Form 102S which Members, Participants, or Others Reference Room, 100 F Street NE.,
is not applicable with respect to CFE No written comments were solicited Washington, DC 20549, on official
products. or received with respect to the proposed business days between the hours of
2. Statutory Basis rule change. 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
The Exchange believes that the III. Date of Effectiveness of the
inspection and copying at the principal
proposed rule change is consistent with Proposed Rule Change and Timing for
office of the Exchange. All comments
Section 6(b) of the Act,6 in general, and Commission Action
received will be posted without change;
furthers the objectives of Sections The proposed rule change will the Commission does not edit personal
6(b)(5) 7 and 6(b)(7) 8 in particular in become effective on or after September identifying information from
that it is designed: 30, 2015, on a date to be announced by submissions. You should submit only
• To prevent fraudulent and the Exchange through the issuance of a information that you wish to make
manipulative acts and practices, circular. At any time within 60 days of available publicly. All submissions
• to promote just and equitable the date of effectiveness of the proposed should refer to File Number SR–CFE–
principles of trade, rule change, the Commission, after 2015–006, and should be submitted on
• to foster cooperation and consultation with the CFTC, may or before September 17, 2015.
coordination with persons engaged in summarily abrogate the proposed rule
facilitating transactions in securities, For the Commission, by the Division of
change and require that the proposed
• to remove impediments to and rule change be refiled in accordance
Trading and Markets, pursuant to delegated
perfect the mechanism of a free and authority.10
with the provisions of Section 19(b)(1) Robert W. Errett,
open market and a national market of the Act.9
system, and in general, to protect Deputy Secretary.
investors and the public interest. IV. Solicitation of Comments [FR Doc. 2015–21209 Filed 8–26–15; 8:45 am]
The Exchange believes that the Interested persons are invited to BILLING CODE 8011–01–P
proposed rule change will strengthen its submit written data, views, and
ability to carry out its responsibilities as arguments concerning the foregoing,
a self-regulatory organization. CFE including whether the proposed rule SECURITIES AND EXCHANGE
needs to receive the same information change is consistent with the Act. COMMISSION
relating to reportable positions in CFE Comments may be submitted by any of [Investment Company Act Release No.
contracts from TPHs and non-TPHs that the following methods: 31766; 812–14372]
is required to be reported to the CFTC,
as well as the information that TPHs Electronic Comments The RBB Fund, Inc. and Abbey Capital
and non-TPHs provide to the CFTC • Use the Commission’s Internet Limited; Notice of Application
under the new OCR Rule, in order to comment form (http://www.sec.gov/
carry out CFE’s market surveillance rules/sro.shtml); or August 21, 2015.
program. The proposed rule change • Send an email to rule-comments@ AGENCY: Securities and Exchange
facilitates CFE’s ability to receive this sec.gov. Please include File Number SR– Commission (‘‘Commission’’).
information in a form and manner that CFE–2015–006 on the subject line. ACTION: Notice of an application under
will allow its seamless integration into section 6(c) of the Investment Company
Paper Comments Act of 1940 (‘‘Act’’) for an exemption
the market surveillance program and
systems utilized by CFE and its • Send paper comments in triplicate from section 15(a) of the Act and rule
regulatory services provider by making to Secretary, Securities and Exchange 18f–2 under the Act, as well as from
explicit that TPHs and non-TPHs are Commission, 100 F Street NE., certain disclosure requirements in rule
rmajette on DSK2VPTVN1PROD with NOTICES

required to provide this information to Washington, DC 20549–1090. 20a–1 under the Act, Item 19(a)(3) of
CFE in a form and manner prescribed by All submissions should refer to File Form N–1A, Items 22(c)(1)(ii),
the Exchange. Number SR–CFE–2015–006. This file 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
number should be included on the Schedule 14A under the Securities
6 15 U.S.C. 78f(b). subject line if email is used. To help the Exchange Act of 1934, and Sections 6–
7 15 U.S.C. 78f(b)(5).
8 15 U.S.C. 78f(b)(7). 9 15 U.S.C. 78s(b)(1). 10 17 CFR 200.30–3(a)(73).

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Document Created: 2015-12-15 10:52:48
Document Modified: 2015-12-15 10:52:48
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 52070