80_FR_63800 80 FR 63598 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to End of Week/End of Month Expirations Pilot Program

80 FR 63598 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to End of Week/End of Month Expirations Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63598-63600
FR Document2015-26520

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Pages 63598-63600]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26520]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76149; File No. SR-CBOE-2015-085]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change to End of Week/End of Month Expirations Pilot Program

October 14, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on October 1, 2015, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I, II, and III below, which Items have been prepared by the 
Exchange. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CBOE proposes to amend Rule 24.9(e) (End of Week/End of Month 
Expirations Pilot Program (``Program'')) by clarifying the maximum 
numbers of expirations permitted to be listed under the Program and by 
deleting outdated text from Rule 24.9(e). The Exchange is not proposing 
to change the substantive content of Rule 24.9(e).
    The text of the proposed rule change is available on the Exchange's 
Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 
at the Exchange's Office of the Secretary, and at the Commission.

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

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

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

1. Purpose
    On September 14, 2010, the Commission approved CBOE's proposal to 
establish a pilot program under which CBOE is permitted to list P.M.-
settled options on broad-based indexes to expire on (a) any Friday of 
the month, other than the third Friday-of-the-month, and (b) the last 
trading day of the month.\5\ The terms of the Program are set forth in 
Rule 24.9(e) and End of Week Expirations (``EOWs'') and End of Month 
Expirations (``EOMs'') are permitted on any broad-based index that is 
eligible for standard options trading. EOWs and EOMs are cash-settled 
expirations with European-style exercise, and are subject to the same 
rules that govern the trading of standard index options.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 62911 (September 14, 
2010), 75 FR 57539 (September 21, 2010) (order approving SR-CBOE-
2009-075).
---------------------------------------------------------------------------

Maximum Numbers of Expirations Permitted Under Program
    This current filing proposes to amend Rule 24.9(e) by clarifying 
the maximum numbers of expirations permitted to be listed under the 
Program. In support of this change, CBOE states that EOWs and EOMs are 
subject to the same rules governing standard options on the same broad-
based index class. In the filing to establish the Program, CBOE 
provided example expirations for EOWs and EOMs and cited to Rule 
24.9(a)(2) as the specific rule governing the expiration months that 
may be listed for index options.\6\ Because Rule 24.9(a)(2) is phrased 
in terms of ``standard monthly expirations'' (vs. the more general term 
``expirations''), CBOE believes that some ambiguity may exist as to the 
maximum numbers of EOWs and EOMs that may be listed under the Program. 
In addition, CBOE believes that providing for the maximum numbers of 
expirations permitted under the Program within Rule 24.9(e) would make 
that Program clearer on its face by eliminating any potential ambiguity 
about the maximum numbers of expirations permitted under the Program. 
As a result, CBOE proposes to amend the Program as follows.
---------------------------------------------------------------------------

    \6\ Id., at note 5.
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    Respecting EOWs, CBOE proposes to amend Rule 24.9(e)(1) by adding 
the following rule text:

    The maximum numbers of expirations that may be listed for EOWs 
is the same as the maximum numbers of expirations permitted in Rule 
24.9(a)(2) for standard options on the same broad-based index. EOW 
expirations shall be for the nearest Friday expirations from the 
actual listing date, other than the third Friday-of-the-month or 
that coincide with an EOM expiration. If the last trading day of a 
month is a Friday, the Exchange will list an EOM and not an EOW. 
Other expirations in the same class are not counted as part of the 
maximum numbers of EOW expirations for a broad-based index class.

    In support of this change, CBOE states that under Rule 24.9(a)(2), 
the maximum numbers of expirations varies depending on the type of 
class or by specific class. Therefore, the maximum number of 
expirations permitted for EOWs on a given class would be determined 
based on the specific broad-based index option class. For example, if 
the broad-based index option class is used to calculate a volatility 
index, the maximum number of EOWs permitted in that class would be 12 
expirations (as is permitted in Rule 24.9(a)(2)). For EOWs, CBOE 
proposes to require that the expirations be for weeks that are in the 
nearest Friday from the actual listing date, other than the third 
Friday-of-the-month or that coincide with an EOM expiration. CBOE 
proposes to set forth the listing hierarchy described in the original 
Program filing, which provides that if the last trading day of a month

[[Page 63599]]

is a Friday, the Exchange would list an EOM and not an EOW.\7\ Finally, 
CBOE proposes to clarify that other expirations in the same class would 
not be counted as part of the maximum numbers of EOW expirations for a 
broad-based index class. CBOE states that this provision is similar to 
one recently adopted in connection with weekly CBOE Volatility Index 
(``VIX'') expirations, in that standard VIX expirations are not counted 
toward the maximum number of expirations permitted for weekly 
expiration in VIX options.\8\
---------------------------------------------------------------------------

    \7\ Id., at note 5.
    \8\ See fourth bullet under Rule 24.9(a)(2).
---------------------------------------------------------------------------

    Respecting EOMs, CBOE proposes to amend Rule 24.9(e)(2) by adding 
the following rule text:

    The maximum numbers of expirations that may be listed for EOMs 
is the same as the maximum numbers of expirations permitted in Rule 
24.9(a)(2) for standard options on the same broad-based index. EOM 
expirations shall be for the nearest end of month expirations from 
the actual listing date. Other expirations in the same class are not 
counted as part of the maximum numbers of EOM expirations for a 
broad-based index class.

    In support of this change, CBOE states that under Rule 24.9(a)(2), 
the maximum numbers of expirations varies depending on the type of 
class or by specific class. Therefore, the maximum number of 
expirations permitted for EOMs on a given class would be determined 
based on the specific broad-based index option class. For example, if 
the broad-based index option class is used to calculate a volatility 
index, the maximum number of EOMs permitted in that class would be 12 
expirations (as is permitted in Rule 24.9(a)(2)). For EOMs, CBOE 
proposes to require that the expirations be for the nearest end of 
month expirations from the actual listing date. Finally, CBOE proposes 
to clarify that other expirations in the same class would not be 
counted as part of the maximum numbers of EOM expirations for a broad-
based index class. CBOE states that this provision is similar to one 
recently adopted in connection with weekly VIX expirations, in that 
standard VIX expirations are not counted toward the maximum number of 
expirations permitted for weekly expiration in VIX options.\9\
---------------------------------------------------------------------------

    \9\ See fourth bullet under Rule 24.9(a)(2).
---------------------------------------------------------------------------

    The above described changes hard code into CBOE's rule its existing 
listing practice as to the maximum numbers of expirations permitted 
under the Program. Currently, the maximum numbers of expirations are 
not populated for EOWs and EOMs; however, the same is true for standard 
expirations in certain broad-based index option classes. As a result, 
CBOE believes that setting forth the maximum potential of a rule is 
non-controversial and is consistent with how CBOE has treated EOWs and 
EOMs under the Program since its adoption in 2010. In any event, CBOE 
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 any additional traffic associated with the 
listing the maximum numbers of expirations permitted under the Program.
Remove Outdate [sic] Rule Text
    The Exchange proposes to make non-substantive changes to Rule 
24.9(e) by deleting rule text that references items with dates in 2011 
and 2015 that have passed. The Exchange represents that this rule text 
language is obsolete. Also, the Exchange is proposing to replace 
references to ``regular options'' with ``standard options'' to conform 
references to third-Friday expiring options (standard) between Rule 
24.9(a) (which uses ``standard'' when referring to third-Friday 
expiring options) and Rule 24.9(e).
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder, including the 
requirements of Section 6(b) of the Act.\10\ In particular, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \11\ requirements that the rules of an exchange be 
designed to promote just and equitable principles of trade, to prevent 
fraudulent and manipulative acts, to foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to and to perfect the mechanism for a 
free and open market and a national market system, and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that some ambiguity may exist 
as to the maximum numbers of EOWs and EOMs that may be listed under the 
Program. Setting forth the numbers of expirations permitted under the 
Program would benefit market participants by making that Program 
clearer on its face by eliminating any potential ambiguity about the 
maximum numbers of expirations permitted under the Program. The 
Exchange also believes that the current proposal is designed to promote 
just and equitable principles of trade because it would hard code into 
CBOE's rule its existing listing practice as to the maximum numbers of 
expirations permitted under the Program.

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

    This proposed rule change does not impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Act. Specifically, CBOE believes that providing clarification about 
the numbers of expirations permitted under the Program would benefit 
all market participants who trade expirations listed under the Program 
and does not impose any burden on competition.

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

    The Exchange neither solicited nor received comments on the 
proposed rule change.

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public 
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was 
filed, or such shorter time as the Commission may designate, it has 
become effective pursuant to Section 19(b)(3)(A) of the Act \12\ and 
Rule 19b-4(f)(6) \13\ thereunder. At any time within 60 days of the 
filing of the proposed rule change, the Commission summarily may 
temporarily suspend such rule change if it appears to the Commission 
that such action is necessary or appropriate in the public interest, 
for the protection of investors, or otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission will institute proceedings to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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.

[[Page 63600]]

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2015-085 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-CBOE-2015-085. 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 the 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-CBOE-2015-085 and should be 
submitted on or before November 10, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26520 Filed 10-19-15; 8:45 am]
BILLING CODE 8011-01-P



                                                  63598                          Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices

                                                  available for Web site viewing and                       I. Self-Regulatory Organization’s                     numbers of expirations permitted to be
                                                  printing in the Commission’s Public                      Statement of the Terms of Substance of                listed under the Program. In support of
                                                  Reference Room, 100 F Street NE.,                        the Proposed Rule Change                              this change, CBOE states that EOWs and
                                                  Washington, DC 20549 on official                            CBOE proposes to amend Rule 24.9(e)                EOMs are subject to the same rules
                                                  business days between the hours of                       (End of Week/End of Month Expirations                 governing standard options on the same
                                                  10:00 a.m. and 3:00 p.m. Copies of the                   Pilot Program (‘‘Program’’)) by clarifying            broad-based index class. In the filing to
                                                  filing also will be available for                        the maximum numbers of expirations                    establish the Program, CBOE provided
                                                  inspection and copying at the principal                  permitted to be listed under the Program              example expirations for EOWs and
                                                  office of the MSRB. All comments                         and by deleting outdated text from Rule               EOMs and cited to Rule 24.9(a)(2) as the
                                                  received will be posted without change;                  24.9(e). The Exchange is not proposing                specific rule governing the expiration
                                                  the Commission does not edit personal                    to change the substantive content of                  months that may be listed for index
                                                  identifying information from                             Rule 24.9(e).                                         options.6 Because Rule 24.9(a)(2) is
                                                                                                              The text of the proposed rule change               phrased in terms of ‘‘standard monthly
                                                  submissions. You should submit only
                                                                                                           is available on the Exchange’s Web site               expirations’’ (vs. the more general term
                                                  information that you wish to make
                                                                                                           (http://www.cboe.com/AboutCBOE/                       ‘‘expirations’’), CBOE believes that some
                                                  available publicly. All submissions                                                                            ambiguity may exist as to the maximum
                                                                                                           CBOELegalRegulatoryHome.aspx), at
                                                  should refer to File Number SR–MSRB–                                                                           numbers of EOWs and EOMs that may
                                                                                                           the Exchange’s Office of the Secretary,
                                                  2015–11 and should be submitted on or                                                                          be listed under the Program. In addition,
                                                                                                           and at the Commission.
                                                  before November 10, 2015.                                                                                      CBOE believes that providing for the
                                                                                                           II. Self-Regulatory Organization’s                    maximum numbers of expirations
                                                    For the Commission, pursuant to delegated
                                                  authority.25
                                                                                                           Statement of the Purpose of, and                      permitted under the Program within
                                                                                                           Statutory Basis for, the Proposed Rule
                                                  Robert W. Errett,                                                                                              Rule 24.9(e) would make that Program
                                                                                                           Change
                                                  Deputy Secretary.                                                                                              clearer on its face by eliminating any
                                                                                                              In its filing with the Commission, the             potential ambiguity about the maximum
                                                  [FR Doc. 2015–26516 Filed 10–19–15; 8:45 am]
                                                                                                           Exchange included statements                          numbers of expirations permitted under
                                                  BILLING CODE 8011–01–P                                   concerning the purpose of and basis for               the Program. As a result, CBOE proposes
                                                                                                           the proposed rule change and discussed                to amend the Program as follows.
                                                                                                           any comments it received on the                          Respecting EOWs, CBOE proposes to
                                                  SECURITIES AND EXCHANGE                                  proposed rule change. The text of these               amend Rule 24.9(e)(1) by adding the
                                                  COMMISSION                                               statements may be examined at the                     following rule text:
                                                                                                           places specified in Item IV below. The                   The maximum numbers of expirations that
                                                  [Release No. 34–76149; File No. SR–CBOE–                 Exchange has prepared summaries, set                  may be listed for EOWs is the same as the
                                                  2015–085]                                                forth in sections A, B, and C below, of               maximum numbers of expirations permitted
                                                                                                           the most significant aspects of such                  in Rule 24.9(a)(2) for standard options on the
                                                  Self-Regulatory Organizations;                           statements.                                           same broad-based index. EOW expirations
                                                  Chicago Board Options Exchange,                                                                                shall be for the nearest Friday expirations
                                                                                                           A. Self-Regulatory Organization’s                     from the actual listing date, other than the
                                                  Incorporated; Notice of Filing and
                                                                                                           Statement of the Purpose of, and                      third Friday-of-the-month or that coincide
                                                  Immediate Effectiveness of Proposed                      Statutory Basis for, the Proposed Rule
                                                  Rule Change to End of Week/End of                                                                              with an EOM expiration. If the last trading
                                                                                                           Change                                                day of a month is a Friday, the Exchange will
                                                  Month Expirations Pilot Program                                                                                list an EOM and not an EOW. Other
                                                                                                           1. Purpose                                            expirations in the same class are not counted
                                                  October 14, 2015.
                                                                                                              On September 14, 2010, the                         as part of the maximum numbers of EOW
                                                     Pursuant to Section 19(b)(1) of the                   Commission approved CBOE’s proposal                   expirations for a broad-based index class.
                                                  Securities Exchange Act of 1934                          to establish a pilot program under                       In support of this change, CBOE states
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  which CBOE is permitted to list P.M.-                 that under Rule 24.9(a)(2), the
                                                  notice is hereby given that, on October                  settled options on broad-based indexes                maximum numbers of expirations varies
                                                  1, 2015, Chicago Board Options                           to expire on (a) any Friday of the month,             depending on the type of class or by
                                                  Exchange, Incorporated (the ‘‘Exchange’’                 other than the third Friday-of-the-                   specific class. Therefore, the maximum
                                                  or ‘‘CBOE’’) filed with the Securities                   month, and (b) the last trading day of                number of expirations permitted for
                                                  and Exchange Commission                                  the month.5 The terms of the Program                  EOWs on a given class would be
                                                  (‘‘Commission’’) the proposed rule                       are set forth in Rule 24.9(e) and End of              determined based on the specific broad-
                                                  change as described in Items I, II, and                  Week Expirations (‘‘EOWs’’) and End of                based index option class. For example,
                                                  III below, which Items have been                         Month Expirations (‘‘EOMs’’) are                      if the broad-based index option class is
                                                  prepared by the Exchange. The                            permitted on any broad-based index that               used to calculate a volatility index, the
                                                  Exchange filed the proposal as a ‘‘non-                  is eligible for standard options trading.             maximum number of EOWs permitted
                                                                                                           EOWs and EOMs are cash-settled                        in that class would be 12 expirations (as
                                                  controversial’’ proposed rule change
                                                                                                           expirations with European-style                       is permitted in Rule 24.9(a)(2)). For
                                                  pursuant to Section 19(b)(3)(A)(iii) of
                                                                                                           exercise, and are subject to the same                 EOWs, CBOE proposes to require that
                                                  the Act 3 and Rule 19b–4(f)(6)
                                                                                                           rules that govern the trading of standard             the expirations be for weeks that are in
                                                  thereunder.4 The Commission is                           index options.
                                                  publishing this notice to solicit                                                                              the nearest Friday from the actual listing
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  comments on the proposed rule change                     Maximum Numbers of Expirations                        date, other than the third Friday-of-the-
                                                  from interested persons.                                 Permitted Under Program                               month or that coincide with an EOM
                                                                                                             This current filing proposes to amend               expiration. CBOE proposes to set forth
                                                    25 17 CFR 200.30–3(a)(12).                             Rule 24.9(e) by clarifying the maximum                the listing hierarchy described in the
                                                    1 15 U.S.C. 78s(b)(1).                                                                                       original Program filing, which provides
                                                    2 17 CFR 240.19b–4.                                      5 See Securities Exchange Act Release No. 62911     that if the last trading day of a month
                                                    3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                           (September 14, 2010), 75 FR 57539 (September 21,
                                                    4 17 CFR 240.19b–4(f)(6).                              2010) (order approving SR–CBOE–2009–075).               6 Id.,   at note 5.



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                                                                               Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices                                           63599

                                                  is a Friday, the Exchange would list an                 however, the same is true for standard                 that the current proposal is designed to
                                                  EOM and not an EOW.7 Finally, CBOE                      expirations in certain broad-based index               promote just and equitable principles of
                                                  proposes to clarify that other expirations              option classes. As a result, CBOE                      trade because it would hard code into
                                                  in the same class would not be counted                  believes that setting forth the maximum                CBOE’s rule its existing listing practice
                                                  as part of the maximum numbers of                       potential of a rule is non-controversial               as to the maximum numbers of
                                                  EOW expirations for a broad-based                       and is consistent with how CBOE has                    expirations permitted under the
                                                  index class. CBOE states that this                      treated EOWs and EOMs under the                        Program.
                                                  provision is similar to one recently                    Program since its adoption in 2010. In
                                                                                                          any event, CBOE has analyzed its                       B. Self-Regulatory Organization’s
                                                  adopted in connection with weekly
                                                                                                          capacity and represents that it believes               Statement on Burden on Competition
                                                  CBOE Volatility Index (‘‘VIX’’)
                                                  expirations, in that standard VIX                       the Exchange and the Options Price                        This proposed rule change does not
                                                  expirations are not counted toward the                  Reporting Authority (‘‘OPRA’’) have the                impose any burden on competition that
                                                  maximum number of expirations                           necessary systems capacity to handle                   is not necessary or appropriate in
                                                  permitted for weekly expiration in VIX                  any additional traffic associated with                 furtherance of the purposes of the Act.
                                                  options.8                                               the listing the maximum numbers of                     Specifically, CBOE believes that
                                                     Respecting EOMs, CBOE proposes to                    expirations permitted under the                        providing clarification about the
                                                  amend Rule 24.9(e)(2) by adding the                     Program.                                               numbers of expirations permitted under
                                                  following rule text:                                                                                           the Program would benefit all market
                                                                                                          Remove Outdate [sic] Rule Text
                                                    The maximum numbers of expirations that                                                                      participants who trade expirations listed
                                                                                                             The Exchange proposes to make non-                  under the Program and does not impose
                                                  may be listed for EOMs is the same as the
                                                  maximum numbers of expirations permitted                substantive changes to Rule 24.9(e) by                 any burden on competition.
                                                  in Rule 24.9(a)(2) for standard options on the          deleting rule text that references items
                                                  same broad-based index. EOM expirations                 with dates in 2011 and 2015 that have                  C. Self-Regulatory Organization’s
                                                  shall be for the nearest end of month                   passed. The Exchange represents that                   Statement on Comments on the
                                                  expirations from the actual listing date. Other         this rule text language is obsolete. Also,             Proposed Rule Change Received From
                                                  expirations in the same class are not counted           the Exchange is proposing to replace                   Members, Participants, or Others
                                                  as part of the maximum numbers of EOM                   references to ‘‘regular options’’ with                   The Exchange neither solicited nor
                                                  expirations for a broad-based index class.
                                                                                                          ‘‘standard options’’ to conform                        received comments on the proposed
                                                     In support of this change, CBOE states               references to third-Friday expiring                    rule change.
                                                  that under Rule 24.9(a)(2), the                         options (standard) between Rule 24.9(a)
                                                  maximum numbers of expirations varies                   (which uses ‘‘standard’’ when referring                III. Date of Effectiveness of the
                                                  depending on the type of class or by                    to third-Friday expiring options) and                  Proposed Rule Change and Timing for
                                                  specific class. Therefore, the maximum                  Rule 24.9(e).                                          Commission Action
                                                  number of expirations permitted for                                                                               Because the foregoing proposed rule
                                                  EOMs on a given class would be                          2. Statutory Basis
                                                                                                                                                                 change does not:
                                                  determined based on the specific broad-                    The Exchange believes the proposed                     A. Significantly affect the protection
                                                  based index option class. For example,                  rule change is consistent with the Act                 of investors or the public interest;
                                                  if the broad-based index option class is                and the rules and regulations                             B. impose any significant burden on
                                                  used to calculate a volatility index, the               thereunder, including the requirements                 competition; and
                                                  maximum number of EOMs permitted                        of Section 6(b) of the Act.10 In                          C. become operative for 30 days from
                                                  in that class would be 12 expirations (as               particular, the Exchange believes the                  the date on which it was filed, or such
                                                  is permitted in Rule 24.9(a)(2)). For                   proposed rule change is consistent with                shorter time as the Commission may
                                                  EOMs, CBOE proposes to require that                     the Section 6(b)(5) 11 requirements that               designate, it has become effective
                                                  the expirations be for the nearest end of               the rules of an exchange be designed to                pursuant to Section 19(b)(3)(A) of the
                                                  month expirations from the actual                       promote just and equitable principles of               Act 12 and Rule 19b–4(f)(6) 13
                                                  listing date. Finally, CBOE proposes to                 trade, to prevent fraudulent and                       thereunder. At any time within 60 days
                                                  clarify that other expirations in the same              manipulative acts, to foster cooperation               of the filing of the proposed rule change,
                                                  class would not be counted as part of                   and coordination with persons engaged                  the Commission summarily may
                                                  the maximum numbers of EOM                              in facilitating transactions in securities,            temporarily suspend such rule change if
                                                  expirations for a broad-based index                     to remove impediments to and to perfect                it appears to the Commission that such
                                                  class. CBOE states that this provision is               the mechanism for a free and open                      action is necessary or appropriate in the
                                                  similar to one recently adopted in                      market and a national market system,                   public interest, for the protection of
                                                  connection with weekly VIX                              and, in general, to protect investors and              investors, or otherwise in furtherance of
                                                  expirations, in that standard VIX                       the public interest.                                   the purposes of the Act. If the
                                                  expirations are not counted toward the                     Specifically, the Exchange believes                 Commission takes such action, the
                                                  maximum number of expirations                           that some ambiguity may exist as to the                Commission will institute proceedings
                                                  permitted for weekly expiration in VIX                  maximum numbers of EOWs and EOMs                       to determine whether the proposed rule
                                                  options.9                                               that may be listed under the Program.                  change should be approved or
                                                     The above described changes hard                     Setting forth the numbers of expirations               disapproved.
                                                  code into CBOE’s rule its existing listing              permitted under the Program would
                                                                                                          benefit market participants by making                  IV. Solicitation of Comments
                                                  practice as to the maximum numbers of
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                                                  expirations permitted under the                         that Program clearer on its face by                      Interested persons are invited to
                                                  Program. Currently, the maximum                         eliminating any potential ambiguity                    submit written data, views and
                                                  numbers of expirations are not                          about the maximum numbers of                           arguments concerning the foregoing,
                                                  populated for EOWs and EOMs;                            expirations permitted under the                        including whether the proposed rule
                                                                                                          Program. The Exchange also believes                    change is consistent with the Act.
                                                    7 Id.,at note 5.
                                                    8 See fourth bullet under Rule 24.9(a)(2).              10 15   U.S.C. 78f(b).                                 12 15   U.S.C. 78s(b)(3)(A).
                                                    9 See fourth bullet under Rule 24.9(a)(2).              11 15   U.S.C. 78f(b)(5).                              13 17   CFR 240.19b–4(f)(6).



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                                                  63600                            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices

                                                  Comments may be submitted by any of                       SECURITIES AND EXCHANGE                               total of 12,000 external hours annually
                                                  the following methods:                                    COMMISSION                                            (120 hours × 100 reports). The burden
                                                                                                                                                                  was estimated using Commission review
                                                  Electronic Comments                                       [SEC File No. 270–263; OMB Control No.
                                                                                                            3235–0275]                                            of filed Rule 17Ad–13 reports. The
                                                    • Use the Commission’s Internet                                                                               Commission estimates that, on average,
                                                  comment form (http://www.sec.gov/                         Submission for OMB Review;                            120 hours are needed to perform the
                                                  rules/sro.shtml); or                                      Comment Request                                       study, prepare the report, and retain the
                                                                                                                                                                  required records on an annual basis.
                                                    • Send an email to rule-comments@                       Upon Written Request, Copies Available
                                                                                                                                                                  Assuming an average hourly rate of an
                                                  sec.gov. Please include File Number SR–                    From: Securities and Exchange
                                                                                                             Commission, Office of FOIA Services,                 independent accountant of $60, the
                                                  CBOE–2015–085 on the subject line.
                                                                                                             100 F Street NE., Washington, DC                     average total annual cost of the report is
                                                  Paper Comments                                             20549–2736.                                          $7,200. The total annual cost for the
                                                                                                                                                                  approximate 100 respondents is
                                                    • Send paper comments in triplicate                     Extension:
                                                                                                                                                                  approximately $720,000.
                                                  to Secretary, Securities and Exchange                       Rule 17Ad–13.
                                                  Commission, 100 F Street NE.,                                                                                      The retention period for the
                                                                                                               Notice is hereby given that pursuant
                                                  Washington, DC 20549–1090.                                to the Paperwork Reduction Act of 1995                recordkeeping requirement under Rule
                                                                                                            (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the               17Ad–13 is three years following the
                                                  All submissions should refer to File                                                                            date of a report prepared pursuant to the
                                                                                                            Securities and Exchange Commission
                                                  Number SR–CBOE–2015–085. This file                                                                              rule. The recordkeeping requirement
                                                                                                            (‘‘Commission’’) has submitted to the
                                                  number should be included on the                                                                                under Rule 17Ad–13 is mandatory to
                                                                                                            Office of Management and Budget
                                                  subject line if email is used. To help the                (‘‘OMB’’) a request for approval of                   assist the Commission and other
                                                  Commission process and review your                        extension of the previously approved                  regulatory agencies with monitoring
                                                  comments more efficiently, please use                     collection of information provided for in             transfer agents and ensuring compliance
                                                  only one method. The Commission will                      Rule 17Ad–13 (17 CFR 240.17Ad–13),                    with the rule. This rule does not involve
                                                  post all comments on the Commission’s                     under the Securities Exchange Act of                  the collection of confidential
                                                  Internet Web site (http://www.sec.gov/                    1934 (15 U.S.C. 78a et seq.).                         information.
                                                  rules/sro.shtml). Copies of the                              Rule 17Ad–13 requires an annual                       An agency may not conduct or
                                                  submission, all subsequent                                study and evaluation of internal                      sponsor, and a person is not required to
                                                  amendments, all written statements                        accounting controls under the Securities              respond to, a collection of information
                                                  with respect to the proposed rule                         Exchange Act of 1934 (15 U.S.C. 78a et
                                                                                                                                                                  under the PRA unless it displays a
                                                  change that are filed with the                            seq.). It requires approximately 100
                                                                                                                                                                  currently valid OMB control number.
                                                  Commission, and all written                               registered transfer agents to obtain an
                                                  communications relating to the                            annual report on the adequacy of their                   The public may view background
                                                  proposed rule change between the                          internal accounting controls from an                  documentation for this information
                                                  Commission and any person, other than                     independent accountant. In addition,                  collection at the following Web site,
                                                  those that may be withheld from the                       transfer agents must maintain copies of               http://www.reginfo.gov. Comments
                                                  public in accordance with the                             any reports prepared pursuant to Rule                 should be directed to: (i) Desk Officer
                                                  provisions of 5 U.S.C. 552, will be                       17Ad–13 plus any documents prepared                   for the Securities and Exchange
                                                  available for Web site viewing and                        to notify the Commission and                          Commission, Office of Information and
                                                  printing in the Commission’s Public                       appropriate regulatory agencies in the                Regulatory Affairs, Office of
                                                  Reference Room, 100 F Street NE.,                         event that the transfer agent is required             Management and Budget, Room 10102,
                                                                                                            to take any corrective action. These                  New Executive Office Building,
                                                  Washington, DC 20549, on official
                                                                                                            recordkeeping requirements assist the                 Washington, DC 20503 or by sending an
                                                  business days between the hours of
                                                                                                            Commission and other regulatory                       email to: shagufta_ahmed@
                                                  10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                            agencies with monitoring transfer agents              omb.eop.gov; and (ii) Pamela Dyson,
                                                  filing also will be available for
                                                                                                            and ensuring compliance with the rule.                Director/Chief Information Officer,
                                                  inspection and copying at the principal                   Small transfer agents are exempt from
                                                  office of the Exchange. All comments                                                                            Securities and Exchange Commission,
                                                                                                            Rule 17Ad–13 as are transfer agents that              c/o Remi Pavlik-Simon, 100 F Street
                                                  received will be posted without change;                   service only their own companies’
                                                  the Commission does not edit personal                                                                           NE., Washington, DC 20549, or by
                                                                                                            securities.
                                                  identifying information from                                 Approximately 100 independent,                     sending an email to PRA_Mailbox@
                                                  submissions. You should submit only                       professional transfer agents must file the            sec.gov. Comments must be submitted
                                                  information that you wish to make                         independent accountant’s report                       within 30 days of this notice.
                                                  available publicly. All submissions                       annually. We estimate that the annual                   Dated: October 13, 2015.
                                                  should refer to File Number SR–CBOE–                      internal time burden for each transfer                Robert W. Errett,
                                                  2015–085 and should be submitted on                       agent to comply with Rule 17Ad–13 by                  Deputy Secretary.
                                                  or before November 10, 2015.                              submitting the report prepared by the
                                                                                                                                                                  [FR Doc. 2015–26519 Filed 10–19–15; 8:45 am]
                                                    For the Commission, by the Division of                  independent accountant to the
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                  Trading and Markets, pursuant to delegated                Commission is minimal. The time
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                                                  authority.14                                              required for the independent accountant
                                                  Robert W. Errett,
                                                                                                            to prepare the accountant’s report varies
                                                                                                            with each transfer agent depending on
                                                  Deputy Secretary.                                         the size and nature of the transfer
                                                  [FR Doc. 2015–26520 Filed 10–19–15; 8:45 am]              agent’s operations. The Commission
                                                  BILLING CODE 8011–01–P                                    estimates that, on average, each report
                                                                                                            can be completed by the independent
                                                    14 17   CFR 200.30–3(a)(12).                            accountant in 120 hours, resulting in a


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Document Created: 2015-12-14 15:25:17
Document Modified: 2015-12-14 15:25:17
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 63598 

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