80_FR_66310 80 FR 66102 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Exchange Rule 6.25

80 FR 66102 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Exchange Rule 6.25

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 208 (October 28, 2015)

Page Range66102-66104
FR Document2015-27343

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66102-66104]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27343]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76223; File No. SR-CBOE-2015-097]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to Exchange Rule 6.25

October 22, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 21, 2015, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I and II below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to extend a pilot program related to Rule 
6.25 (Nullification and Adjustment of Options Transactions including 
Obvious Errors). The text of the proposed rule change is available on 
the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to extend the effectiveness of the 
Exchange's current rule applicable to obvious errors. Interpretation 
and Policy .01 to Rule 6.25, explained in further detail below, is 
currently operating on a pilot program set to expire on October 23, 
2015. The Exchange proposes to extend the pilot program so that it 
coincides with the pilot period for the Plan to Address Extraordinary 
Market Volatility Pursuant to Rule 608 of Regulation NMS under the Act 
(``Limit Up-Limit Down Plan'' or ``Plan''), including any extensions to 
the pilot period for the Plan. Currently the Plan Participants have 
proposed the 9th amendment to the Plan which, if approved, would extend 
the pilot period of the Plan to April 22, 2016.\3\
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    \3\ See Securities Exchange Act Release No. 75917 (September 14, 
2015), 80 FR 56515 (September 18, 2015) (File No. 4-631).
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    On April 5, 2013, the Commission approved, on a pilot basis, 
amendments to Exchange Rule 6.25 that stated that options executions 
will not be adjusted or nullified if the execution occurs while the 
underlying security is in a limit or straddle state as defined by the 
Plan.\4\ Under the terms of this current pilot program, though options 
executions will generally not be subject to review as an Obvious Error 
or

[[Page 66103]]

Catastrophic Error while the underlying security is in a limit or 
straddle state, such executions may be reviewed by the Exchange should 
the Exchange decide to do so under its own motion pursuant to sub-
paragraph (c)(3) of Rule 6.25, or a bust or adjust pursuant to 
paragraphs (e) through (j) and Interpretation .05 of Rule 6.25.\5\
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    \4\ Securities Exchange Act Release No. 69328 (April 5, 2013), 
78 FR 21642 (April 11, 2013) (SR-CBOE-2013-030). See also Exchange 
Rule 6.25.01.
    \5\ Id.
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    Pursuant to a comment letter filed in connection with the order 
approving the establishment of the pilot, the Exchange committed to 
submit monthly data regarding the program.\6\ In addition, the Exchange 
agreed to submit an overall analysis of the pilot in conjunction with 
the data submitted under the Plan and any other data as requested by 
the Commission.\7\ Pursuant to a rule filing, approved on April 3, 
2014, each month, the Exchange committed to provide the Commission, and 
the public, a dataset containing the data for each straddle and limit 
state in optionable stocks that had at least one trade on the 
Exchange.\8\ The Exchange will continue to provide the Commission with 
this data on a monthly basis from October 2015 through the end of the 
pilot. For each trade on the Exchange, the Exchange will provide (a) 
the stock symbol, option symbol, time at the start of the straddle or 
limit state, an indicator for whether it is a straddle or limit state, 
and (b) for the trades on the Exchange, the executed volume, time-
weighted quoted bid-ask spread, time-weighted average quoted depth at 
the bid, time-weighted average quoted depth at the offer, high 
execution price, low execution price, number of trades for which a 
request for review for error was received during straddle and limit 
states, an indicator variable for whether those options outlined above 
have a price change exceeding 30% during the underlying stock's limit 
or straddle state compared to the last available option price as 
reported by OPRA before the start of the limit or straddle state (1 if 
observe 30% and 0 otherwise), and another indicator variable for 
whether the option price within five minutes of the underlying stock 
leaving the limit or straddle state (or halt if applicable) is 30% away 
from the price before the start of the limit or straddle state.
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    \6\ See letter from Angelo Evangelou, Associate General Counsel, 
Chicago Board Options Exchange, Incorporated, date April 4, 2013.
    \7\ Id.
    \8\ Securities Exchange Act Release No. 71857 (April 3, 2014), 
79 FR 19678 (April 9, 2014) (SR-CBOE-2014-033).
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    In addition, the Exchange will provide to the Commission, and the 
public, assessments relating to the impact of the operation of the 
obvious error rules during limit and straddle states including: (1) An 
evaluation of the statistical and economic impact of limit and straddle 
states on liquidity and market quality in the options markets, and (2) 
an assessment of whether the lack of obvious error rules in effect 
during the straddle and limit states are problematic. The Exchange 
agrees to provide the analysis and data, to the commission, to help 
evaluate the impact of the pilot program no later than five months 
prior to the expiration of the pilot program, including any extensions. 
If the Plan extension is approved, the next data assessment will be 
submitted no later than December 18, 2015.
    The Exchange is now proposing to extend the pilot period so that it 
coincides with the pilot period for the Plan, including any extensions 
to the pilot period for the Plan. The pilot will no longer have a fixed 
expiration date. The Exchange believes the benefits to market 
participants from this provision should continue on a pilot basis to 
coincide with the Plan. The Exchange continues to believe that adding 
certainty to the execution of orders in limit or straddle states will 
encourage market participants to continue to provide liquidity to the 
Exchange, and, thus, promote a fair and orderly market during these 
periods. Barring this provision, the provisions of Rule 6.25 would 
likely apply in many instances during limit and straddle states. The 
Exchange believes that continuing the pilot will protect against any 
unanticipated consequences in the options markets during a limit or 
straddle state. Thus, the Exchange believes that the protections of 
current Rule should continue while the industry gains further 
experience operating the Plan.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\9\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \10\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and 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. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \11\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
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    In particular, the Exchange further believes that it is necessary 
and appropriate in the interest of promoting fair and orderly markets 
to exclude transactions executed during a limit or straddle state from 
certain aspects of the Exchange Rule 6.25. The Exchange believes the 
application of the current rule will be impracticable given the lack of 
a reliable NBBO in the options market during limit and straddle states, 
and that the resulting actions (i.e., nullified trades or adjusted 
prices) may not be appropriate given market conditions. The Exchange 
now proposes to extend the pilot program so that it coincides with the 
pilot period for the Plan, including any extensions to the pilot period 
for the Plan. Extension of this pilot would ensure that limit orders 
that are filled during a limit or straddle state would have certainty 
of execution in a manner that promotes just and equitable principles of 
trade, removes impediments to, and perfects the mechanism of a free and 
open market and a national market system. Thus, the Exchange believes 
that the protections of the pilot should continue while the industry 
gains further experience operating the Plan.

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

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. Specifically, the Exchange 
believes that, by extending the duration of the pilot to coincide with 
the pilot period for the Plan, the proposed rule change will allow for 
further analysis of the pilot and a determination of how the pilot 
shall be structured in the future. In doing so, the proposed rule 
change will also serve to promote regulatory clarity and consistency, 
thereby reducing burdens on the marketplace and facilitating investor 
protection.

[[Page 66104]]

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 proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Commission believes that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest, 
as it will allow the obvious error pilot program to continue 
uninterrupted while the industry gains further experience operating 
under the Plan, and avoid any investor confusion that could result from 
a temporary interruption in the pilot program. For this reason, the 
Commission designates the proposed rule change to be operative upon 
filing.\14\
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    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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 shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2015-097 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-2015-097. 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-CBOE-2015-097, and should be 
submitted on or before November 18, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-27343 Filed 10-27-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  66102                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  program to continue uninterrupted                       public in accordance with the                         Options Transactions including Obvious
                                                  while the industry gains further                        provisions of 5 U.S.C. 552, will be                   Errors). The text of the proposed rule
                                                  experience operating under the LULD                     available for Web site viewing and                    change is available on the Exchange’s
                                                  Plan, and avoid any investor confusion                  printing in the Commission’s Public                   Web site (http://www.cboe.com/About
                                                  that could result from a temporary                      Reference Room, 100 F Street NE.,                     CBOE/CBOELegalRegulatory
                                                  interruption in the pilot program. For                  Washington, DC 20549 on official                      Home.aspx), at the Exchange’s Office of
                                                  this reason, the Commission designates                  business days between the hours of                    the Secretary, and at the Commission’s
                                                  the proposed rule change to be operative                10:00 a.m. and 3:00 p.m. Copies of such               Public Reference Room.
                                                  upon filing.10                                          filing also will be available for
                                                     At any time within 60 days of the                                                                          II. Self-Regulatory Organization’s
                                                                                                          inspection and copying at the principal
                                                  filing of the proposed rule change, the                                                                       Statement of the Purpose of, and
                                                                                                          office of the Exchange. All comments
                                                  Commission summarily may                                                                                      Statutory Basis for, the Proposed Rule
                                                                                                          received will be posted without change;
                                                  temporarily suspend such rule change if                                                                       Change
                                                                                                          the Commission does not edit personal
                                                  it appears to the Commission that such                  identifying information from                             In its filing with the Commission, the
                                                  action is necessary or appropriate in the               submissions. You should submit only                   Exchange included statements
                                                  public interest, for the protection of                  information that you wish to make                     concerning the purpose of and basis for
                                                  investors, or otherwise in furtherance of               available publicly. All submissions                   the proposed rule change and discussed
                                                  the purposes of the Act. If the                         should refer to File Number SR–MIAX–                  any comments it received on the
                                                  Commission takes such action, the                       2015–60, and should be submitted on or                proposed rule change. The text of these
                                                  Commission shall institute proceedings                  before November 18, 2015.                             statements may be examined at the
                                                  to determine whether the proposed rule                     For the Commission, by the Division                places specified in Item IV below. The
                                                  should be approved or disapproved.                      of Trading and Markets, pursuant to                   Exchange has prepared summaries, set
                                                  IV. Solicitation of Comments                            delegated authority.11                                forth in sections A, B, and C below, of
                                                                                                                                                                the most significant aspects of such
                                                    Interested persons are invited to                     Brent J. Fields,                                      statements.
                                                  submit written data, views, and                         Secretary.
                                                  arguments concerning the foregoing,                     [FR Doc. 2015–27356 Filed 10–27–15; 8:45 am]
                                                                                                                                                                A. Self-Regulatory Organization’s
                                                  including whether the proposed rule                                                                           Statement of the Purpose of, and
                                                                                                          BILLING CODE 8011–01–P
                                                  change is consistent with the Act.                                                                            Statutory Basis for, the Proposed Rule
                                                  Comments may be submitted by any of                                                                           Change
                                                  the following methods:                                  SECURITIES AND EXCHANGE                               1. Purpose
                                                  Electronic Comments                                     COMMISSION
                                                                                                                                                                   The purpose of this filing is to extend
                                                    • Use the Commission’s Internet                       [Release No. 34–76223; File No. SR–CBOE–              the effectiveness of the Exchange’s
                                                  comment form (http://www.sec.gov/                       2015–097]                                             current rule applicable to obvious
                                                  rules/sro.shtml); or                                                                                          errors. Interpretation and Policy .01 to
                                                    • Send an email to rule-comments@                     Self-Regulatory Organizations;                        Rule 6.25, explained in further detail
                                                  sec.gov. Please include File Number SR–                 Chicago Board Options Exchange,                       below, is currently operating on a pilot
                                                  MIAX–2015–60 on the subject line.                       Incorporated; Notice of Filing and                    program set to expire on October 23,
                                                                                                          Immediate Effectiveness of a Proposed                 2015. The Exchange proposes to extend
                                                  Paper Comments                                          Rule Change Relating to Exchange                      the pilot program so that it coincides
                                                    • Send paper comments in triplicate                   Rule 6.25                                             with the pilot period for the Plan to
                                                  to Brent J. Fields, Secretary, Securities                                                                     Address Extraordinary Market Volatility
                                                                                                          October 22, 2015.
                                                  and Exchange Commission, 100 F Street                                                                         Pursuant to Rule 608 of Regulation NMS
                                                  NE., Washington, DC 20549–1090.                            Pursuant to Section 19(b)(1) of the
                                                                                                          Securities Exchange Act of 1934 (the                  under the Act (‘‘Limit Up-Limit Down
                                                  All submissions should refer to File                                                                          Plan’’ or ‘‘Plan’’), including any
                                                                                                          ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  Number SR–MIAX–2015–60. This file                                                                             extensions to the pilot period for the
                                                                                                          notice is hereby given that on October
                                                  number should be included on the                                                                              Plan. Currently the Plan Participants
                                                                                                          21, 2015, Chicago Board Options
                                                  subject line if email is used. To help the                                                                    have proposed the 9th amendment to
                                                                                                          Exchange, Incorporated (the ‘‘Exchange’’
                                                  Commission process and review your                                                                            the Plan which, if approved, would
                                                                                                          or ‘‘CBOE’’) filed with the Securities
                                                  comments more efficiently, please use                                                                         extend the pilot period of the Plan to
                                                                                                          and Exchange Commission (the
                                                  only one method. The Commission will                                                                          April 22, 2016.3
                                                                                                          ‘‘Commission’’) the proposed rule
                                                  post all comments on the Commission’s                                                                            On April 5, 2013, the Commission
                                                                                                          change as described in Items I and II
                                                  Internet Web site (http://www.sec.gov/                                                                        approved, on a pilot basis, amendments
                                                                                                          below, which Items have been prepared
                                                  rules/sro.shtml). Copies of the                                                                               to Exchange Rule 6.25 that stated that
                                                                                                          by the Exchange. The Commission is
                                                  submission, all subsequent                                                                                    options executions will not be adjusted
                                                                                                          publishing this notice to solicit
                                                  amendments, all written statements                                                                            or nullified if the execution occurs
                                                                                                          comments on the proposed rule change
                                                  with respect to the proposed rule                                                                             while the underlying security is in a
                                                                                                          from interested persons.
                                                  change that are filed with the                                                                                limit or straddle state as defined by the
                                                  Commission, and all written                             I. Self-Regulatory Organization’s                     Plan.4 Under the terms of this current
                                                  communications relating to the                          Statement of the Terms of the Substance               pilot program, though options
                                                  proposed rule change between the                        of the Proposed Rule Change
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                executions will generally not be subject
                                                  Commission and any person, other than                     The Exchange proposes to extend a                   to review as an Obvious Error or
                                                  those that may be withheld from the                     pilot program related to Rule 6.25
                                                                                                                                                                  3 See Securities Exchange Act Release No. 75917
                                                    10 For
                                                                                                          (Nullification and Adjustment of                      (September 14, 2015), 80 FR 56515 (September 18,
                                                           purposes only of waiving the 30-day
                                                  operative delay, the Commission has also                                                                      2015) (File No. 4–631).
                                                                                                            11 17 CFR 200.30–3(a)(12).
                                                  considered the proposed rule’s impact on                                                                        4 Securities Exchange Act Release No. 69328
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                  efficiency, competition, and capital formation. See                                                           (April 5, 2013), 78 FR 21642 (April 11, 2013) (SR–
                                                  15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                 CBOE–2013–030). See also Exchange Rule 6.25.01.



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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                             66103

                                                  Catastrophic Error while the underlying                 error rules during limit and straddle                  and facilitating transactions in
                                                  security is in a limit or straddle state,               states including: (1) An evaluation of                 securities, to remove impediments to
                                                  such executions may be reviewed by the                  the statistical and economic impact of                 and perfect the mechanism of a free and
                                                  Exchange should the Exchange decide                     limit and straddle states on liquidity                 open market and a national market
                                                  to do so under its own motion pursuant                  and market quality in the options                      system, and, in general, to protect
                                                  to sub-paragraph (c)(3) of Rule 6.25, or                markets, and (2) an assessment of                      investors and the public interest.
                                                  a bust or adjust pursuant to paragraphs                 whether the lack of obvious error rules                Additionally, the Exchange believes the
                                                  (e) through (j) and Interpretation .05 of               in effect during the straddle and limit                proposed rule change is consistent with
                                                  Rule 6.25.5                                             states are problematic. The Exchange                   the Section 6(b)(5) 11 requirement that
                                                     Pursuant to a comment letter filed in                agrees to provide the analysis and data,
                                                                                                                                                                 the rules of an exchange not be designed
                                                  connection with the order approving the                 to the commission, to help evaluate the
                                                  establishment of the pilot, the Exchange                                                                       to permit unfair discrimination between
                                                                                                          impact of the pilot program no later
                                                  committed to submit monthly data                        than five months prior to the expiration               customers, issuers, brokers, or dealers.
                                                  regarding the program.6 In addition, the                of the pilot program, including any                       In particular, the Exchange further
                                                  Exchange agreed to submit an overall                    extensions. If the Plan extension is                   believes that it is necessary and
                                                  analysis of the pilot in conjunction with               approved, the next data assessment will                appropriate in the interest of promoting
                                                  the data submitted under the Plan and                   be submitted no later than December 18,                fair and orderly markets to exclude
                                                  any other data as requested by the                      2015.                                                  transactions executed during a limit or
                                                  Commission.7 Pursuant to a rule filing,                    The Exchange is now proposing to                    straddle state from certain aspects of the
                                                  approved on April 3, 2014, each month,                  extend the pilot period so that it                     Exchange Rule 6.25. The Exchange
                                                  the Exchange committed to provide the                   coincides with the pilot period for the                believes the application of the current
                                                  Commission, and the public, a dataset                   Plan, including any extensions to the                  rule will be impracticable given the lack
                                                  containing the data for each straddle                   pilot period for the Plan. The pilot will              of a reliable NBBO in the options market
                                                  and limit state in optionable stocks that               no longer have a fixed expiration date.
                                                                                                                                                                 during limit and straddle states, and
                                                  had at least one trade on the Exchange.8                The Exchange believes the benefits to
                                                                                                                                                                 that the resulting actions (i.e., nullified
                                                  The Exchange will continue to provide                   market participants from this provision
                                                  the Commission with this data on a                      should continue on a pilot basis to                    trades or adjusted prices) may not be
                                                  monthly basis from October 2015                         coincide with the Plan. The Exchange                   appropriate given market conditions.
                                                  through the end of the pilot. For each                  continues to believe that adding                       The Exchange now proposes to extend
                                                  trade on the Exchange, the Exchange                     certainty to the execution of orders in                the pilot program so that it coincides
                                                  will provide (a) the stock symbol, option               limit or straddle states will encourage                with the pilot period for the Plan,
                                                  symbol, time at the start of the straddle               market participants to continue to                     including any extensions to the pilot
                                                  or limit state, an indicator for whether                provide liquidity to the Exchange, and,                period for the Plan. Extension of this
                                                  it is a straddle or limit state, and (b) for            thus, promote a fair and orderly market                pilot would ensure that limit orders that
                                                  the trades on the Exchange, the                         during these periods. Barring this                     are filled during a limit or straddle state
                                                  executed volume, time-weighted quoted                   provision, the provisions of Rule 6.25                 would have certainty of execution in a
                                                  bid-ask spread, time-weighted average                   would likely apply in many instances                   manner that promotes just and equitable
                                                  quoted depth at the bid, time-weighted                  during limit and straddle states. The                  principles of trade, removes
                                                  average quoted depth at the offer, high                 Exchange believes that continuing the                  impediments to, and perfects the
                                                  execution price, low execution price,                   pilot will protect against any                         mechanism of a free and open market
                                                  number of trades for which a request for                unanticipated consequences in the                      and a national market system. Thus, the
                                                  review for error was received during                    options markets during a limit or                      Exchange believes that the protections
                                                  straddle and limit states, an indicator                 straddle state. Thus, the Exchange                     of the pilot should continue while the
                                                  variable for whether those options                      believes that the protections of current               industry gains further experience
                                                  outlined above have a price change                      Rule should continue while the industry                operating the Plan.
                                                  exceeding 30% during the underlying                     gains further experience operating the
                                                  stock’s limit or straddle state compared                Plan.                                                  B. Self-Regulatory Organization’s
                                                  to the last available option price as                                                                          Statement on Burden on Competition
                                                  reported by OPRA before the start of the                2. Statutory Basis
                                                  limit or straddle state (1 if observe 30%                  The Exchange believes the proposed                     CBOE does not believe that the
                                                  and 0 otherwise), and another indicator                 rule change is consistent with the                     proposed rule change will impose any
                                                  variable for whether the option price                   Securities Exchange Act of 1934 (the                   burden on competition that is not
                                                  within five minutes of the underlying                   ‘‘Act’’) and the rules and regulations                 necessary or appropriate in furtherance
                                                  stock leaving the limit or straddle state               thereunder applicable to the Exchange                  of the purposes of the Act. Specifically,
                                                  (or halt if applicable) is 30% away from                and, in particular, the requirements of                the Exchange believes that, by extending
                                                  the price before the start of the limit or              Section 6(b) of the Act.9 Specifically,                the duration of the pilot to coincide
                                                  straddle state.                                         the Exchange believes the proposed rule                with the pilot period for the Plan, the
                                                     In addition, the Exchange will                       change is consistent with the Section                  proposed rule change will allow for
                                                  provide to the Commission, and the                      6(b)(5) 10 requirements that the rules of              further analysis of the pilot and a
                                                  public, assessments relating to the                     an exchange be designed to prevent                     determination of how the pilot shall be
                                                  impact of the operation of the obvious                  fraudulent and manipulative acts and                   structured in the future. In doing so, the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          practices, to promote just and equitable               proposed rule change will also serve to
                                                    5 Id.
                                                                                                          principles of trade, to foster cooperation
                                                    6 See letter from Angelo Evangelou, Associate                                                                promote regulatory clarity and
                                                                                                          and coordination with persons engaged
                                                  General Counsel, Chicago Board Options Exchange,                                                               consistency, thereby reducing burdens
                                                                                                          in regulating, clearing, settling,
                                                  Incorporated, date April 4, 2013.
                                                                                                          processing information with respect to,                on the marketplace and facilitating
                                                    7 Id.
                                                    8 Securities Exchange Act Release No. 71857
                                                                                                                                                                 investor protection.
                                                                                                            9 15   U.S.C. 78f(b).
                                                  (April 3, 2014), 79 FR 19678 (April 9, 2014) (SR–
                                                  CBOE–2014–033).                                           10 15   U.S.C. 78f(b)(5).                              11 Id.




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                                                  66104                      Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  C. Self-Regulatory Organization’s                       IV. Solicitation of Comments                            For the Commission, by the Division of
                                                  Statement on Comments on the                                                                                  Trading and Markets, pursuant to delegated
                                                  Proposed Rule Change Received From                        Interested persons are invited to                   authority.15
                                                  Members, Participants, or Others                        submit written data, views, and                       Brent J. Fields,
                                                                                                          arguments concerning the foregoing,                   Secretary.
                                                    The Exchange neither solicited nor
                                                  received comments on the proposed                       including whether the proposed rule                   [FR Doc. 2015–27343 Filed 10–27–15; 8:45 am]
                                                  rule change.                                            change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                                                                          Comments may be submitted by any of
                                                  III. Date of Effectiveness of the                       the following methods:
                                                  Proposed Rule Change and Timing for
                                                  Commission Action                                       Electronic Comments                                   DEPARTMENT OF STATE
                                                                                                                                                                [Public Notice: 9332; No. 2014–4 ]
                                                     Because the proposed rule change                       • Use the Commission’s Internet
                                                  does not (i) significantly affect the                   comment form (http://www.sec.gov/
                                                  protection of investors or the public                                                                         Determination
                                                                                                          rules/sro.shtml); or
                                                  interest; (ii) impose any significant                                                                            The Foreign Missions Act (FMA),
                                                  burden on competition; and (iii) become                   • Send an email to rule-comments@
                                                                                                                                                                codified at 22 U.S.C. 4301–4316,
                                                  operative for 30 days from the date on                  sec.gov. Please include File Number SR–
                                                                                                                                                                authorizes the Secretary of State to
                                                  which it was filed, or such shorter time                CBOE–2015–097 on the subject line.
                                                                                                                                                                approve the terms and conditions on
                                                  as the Commission may designate if                      Paper Comments                                        which benefits are provided to foreign
                                                  consistent with the protection of                                                                             missions and to make compliance with
                                                  investors and the public interest, the                    • Send paper comments in triplicate                 those terms and conditions by foreign
                                                  proposed rule change has become                         to Secretary, Securities and Exchange                 missions mandatory. 22 U.S.C. 4304(a),
                                                  effective pursuant to Section 19(b)(3)(A)               Commission, 100 F Street NE.,                         (b). Furthermore, the FMA provides that
                                                  of the Act 12 and Rule 19b–4(f)(6)(iii)                 Washington, DC 20549–1090.                            the ‘‘[t]erms and conditions established
                                                  thereunder.13                                                                                                 by the Secretary under this section may
                                                     The Exchange has asked the                           All submissions should refer to File
                                                                                                                                                                include . . . a requirement to pay to the
                                                  Commission to waive the 30-day                          Number SR–CBOE–2015–097. This file
                                                                                                                                                                Secretary a surcharge or fee.’’ 22 U.S.C.
                                                  operative delay so that the proposal may                number should be included on the
                                                                                                                                                                4304(c)(1). The FMA also authorizes the
                                                  become operative immediately upon                       subject line if email is used. To help the            Secretary to make any provision of the
                                                  filing. The Commission believes that                    Commission process and review your                    FMA applicable to international
                                                  waiving the 30-day operative delay is                   comments more efficiently, please use                 organizations (as defined in 22 U.S.C.
                                                  consistent with the protection of                       only one method. The Commission will                  4309(b)) when the Secretary determines
                                                  investors and the public interest, as it                post all comments on the Commission’s                 that such application is necessary to
                                                  will allow the obvious error pilot                      Internet Web site (http://www.sec.gov/                carry out the policy and objectives set
                                                  program to continue uninterrupted                       rules/sro.shtml). Copies of the                       forth in the FMA. 22 U.S.C. 4309(a).
                                                  while the industry gains further                        submission, all subsequent                               Therefore, pursuant to the authority
                                                  experience operating under the Plan,                    amendments, all written statements                    vested in me by the FMA, in particular,
                                                  and avoid any investor confusion that                   with respect to the proposed rule                     22 U.S.C. 4304(b), and Delegation of
                                                  could result from a temporary
                                                                                                          change that are filed with the                        Authority No. 198 of September 16,
                                                  interruption in the pilot program. For
                                                                                                          Commission, and all written                           1992, I hereby determine that it is
                                                  this reason, the Commission designates
                                                                                                          communications relating to the                        reasonably necessary to protect the
                                                  the proposed rule change to be operative
                                                                                                          proposed rule change between the                      interests of the United States to require
                                                  upon filing.14
                                                     At any time within 60 days of the                    Commission and any person, other than                 foreign missions and international
                                                  filing of the proposed rule change, the                 those that may be withheld from the                   organizations, and, in each case, their
                                                  Commission summarily may                                public in accordance with the                         staff members (each a ‘‘Beneficiary’’ and
                                                  temporarily suspend such rule change if                 provisions of 5 U.S.C. 552, will be                   collectively, ‘‘Beneficiaries’’) to pay a
                                                  it appears to the Commission that such                  available for Web site viewing and                    surcharge or fee in instances where a
                                                  action is necessary or appropriate in the               printing in the Commission’s Public                   Beneficiary creates resource demands
                                                  public interest, for the protection of                  Reference Room, 100 F Street NE.,                     on the Office of Foreign Missions (OFM)
                                                  investors, or otherwise in furtherance of               Washington, DC 20549 on official                      by: (1) Requesting the replacement of
                                                  the purposes of the Act. If the                         business days between the hours of                    OFM-issued products; (2) failing to
                                                  Commission takes such action, the                                                                             comply with the Department’s
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of such
                                                  Commission shall institute proceedings                                                                        requirements relating to the acquisition
                                                                                                          filing also will be available for
                                                  to determine whether the proposed rule                                                                        or maintenance of liability insurance,
                                                                                                          inspection and copying at the principal               license tags, or title and registration
                                                  should be approved or disapproved.                      office of the Exchange. All comments                  documents for motor vehicles, vessels,
                                                                                                          received will be posted without change;               and aircraft; or (3) otherwise failing to
                                                    12 15  U.S.C. 78s(b)(3)(A).
                                                    13 17
                                                                                                          the Commission does not edit personal                 comply with the terms on which the
                                                           CFR 240.19b–4(f)(6)(iii). As required under
                                                  Rule 19b–4(f)(6)(iii), the Exchange provided the        identifying information from                          Department has required Beneficiaries
                                                  Commission with written notice of its intent to file    submissions. You should submit only                   to obtain or forego benefits under the
                                                  the proposed rule change, along with a brief            information that you wish to make
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  description and the text of the proposed rule
                                                                                                                                                                FMA.
                                                  change, at least five business days prior to the date
                                                                                                          available publicly. All submissions                      The authority to regulate the
                                                  of filing of the proposed rule change, or such          should refer to File Number SR–CBOE–                  provision of foreign mission benefits
                                                  shorter time as designated by the Commission.           2015–097, and should be submitted on                  under the FMA has been delegated to
                                                     14 For purposes only of waiving the 30-day
                                                                                                          or before November 18, 2015.                          the Director of OFM (Delegation of
                                                  operative delay, the Commission has also
                                                  considered the proposed rule’s impact on                                                                      Authority No. 214, October 5, 1994).
                                                  efficiency, competition, and capital formation. See
                                                  15 U.S.C. 78c(f).                                                                                               15 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-27 08:58:02
Document Modified: 2018-02-27 08:58:02
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 66102 

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