80 FR 74151 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 228 (November 27, 2015)
Federal Register Volume 80, Issue 228 (November 27, 2015)
| Page Range | 74151-74153 | |
| FR Document | 2015-30087 |
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)] [Notices] [Pages 74151-74153] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30087] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76498; File No. SR-CBOE-2015-105] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule November 20, 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 November 16, 2015, Chicago Board Options Exchange, Incorporated (the ``Exchange'' [[Page 74152]] or ``CBOE'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes to amend its Fees Schedule. 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 Exchange proposes to amend its Fees Schedule, effective November 16, 2015. Specifically, the Exchange proposes to amend the Fees Schedule with respect to Qualified Contingent Cross (``QCC'') \3\ orders. Currently, the Fees Schedule provides for a transaction fee for all non-customer QCC orders of $0.15 per contract side (customer orders are not assessed a charge) and a $0.10 per contract credit for the initiating order side, regardless of origin code.\4\ The Exchange first proposes to increase the fee for QCC transactions from $0.15 per contract to $0.17 per contract for all non-customer orders. The Exchange notes that the proposed increase is in line with other exchanges.\5\ --------------------------------------------------------------------------- \3\ A QCC order is comprised of an order to buy or sell at least 1,000 contracts (or 10,000 mini-option contracts) that is identified as being part of a qualified contingent trade, coupled with a contra-side order or orders totaling an equal number of contracts. \4\ The Exchange notes that the $0.10 per contract credit is not be available for customer-to-customer transactions. \5\ See e.g., NASDAQ OMX PHLX LLC (``PHLX'') Pricing Schedule, Section II, QCC Transaction Fees. --------------------------------------------------------------------------- Next, the Exchange proposes to provide that the maximum credit paid shall not exceed $350,000 per month per Trading Permit Holder (``TPH''). The Exchange notes that it will aggregate the credits of affiliated TPHs (TPHs with at least 75% common ownership between the firms as reflected on each firm's Form BD, Schedule A) for purposes of determining whether a TPH has met the QCC credit cap. The Exchange believes that, while limiting the amount of rebate that a market participant can receive, the current QCC rebate will continue to incentivize market participants to seek to obtain the highest rebate possible. The Exchange also notes that other Exchanges have similar caps on rebates offered for QCC transactions.\6\ --------------------------------------------------------------------------- \6\ See e.g., PHLX Pricing Schedule, Section II, QCC Transaction Fees and NSYE Amex Options Fees Schedule (``Amex''), Section IE, Qualified Contingent Cross (``QCC'') Fees and Credits for Standard Options and Mini Options. --------------------------------------------------------------------------- 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. Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitation transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with Section 6(b)(4) of the Act, which requires that Exchange rules provide for the equitable allocation of reasonable dues, fees, and other charges among its Trading Permit Holders and other persons using its facilities. The Exchange believes the proposed increase to the transaction fee for QCC orders is reasonable because the proposed amount is in line with the amount assessed at other Exchanges for similar transactions.\7\ Additionally, the proposed fee increase would be charged to all non-customers alike. Assessing QCC rates to all market participants except customers is equitable and not unfairly discriminatory because Customer order flow enhances liquidity on the Exchange for the benefit of all market participants. Specifically, Customer liquidity benefits all market participants by providing more trading opportunities, which attracts Market-Makers. An increase in the activity of these market participants in turn facilitates tighter spreads, which may cause an additional corresponding increase in order flow from other market participants. By exempting customer orders, the QCC transaction fees will not discourage the sending of customer orders. --------------------------------------------------------------------------- \7\ See e.g., PHLX Pricing Schedule, Section II, QCC Transaction Fees and NSYE Amex Options Fees Schedule, Section I.E, Qualified Contingent Cross (``QCC'') Fees and Credits for Standard Options and Mini Options. --------------------------------------------------------------------------- The Exchange believes the proposed QCC credit cap is reasonable, equitable and not unfairly discriminatory because it is in line with similar caps on rebates paid for QCC transactions at other exchanges \8\ and because all TPHs would be uniformly capped at $350,000 per month. The Exchange also believes it's reasonable, equitable and not unfairly discriminatory to provide that it will aggregate the credits of affiliated TPHs to determine whether the credit cap has been met, as the Exchange believes this should prevent TPHs from dividing up their orders to different affiliates in order to avoid meeting the cap and it would apply to all TPHs. --------------------------------------------------------------------------- \8\ Id. --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule changes will impose any burden on competition that are not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that the proposed rule change will impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act, because the proposes [sic] rule changes apply uniformly to all Trading Permit Holders. The Exchange believes this proposal will not cause an unnecessary burden on intermarket competition because it only affects trading on CBOE. To the extent that the proposed changes make CBOE a more attractive marketplace for market participants at other exchanges, such market participants are welcome to become CBOE market participants. Additionally, [[Page 74153]] the Exchange notes that it operates in a highly competitive market, comprised of thirteen options exchanges, in which market participants can easily and readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive or rebates to be inadequate. 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 The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\ 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. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 17 CFR 240.19b-4(f). --------------------------------------------------------------------------- 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 CommentsUse 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-2015-105 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-2015-105. 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 offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2015-105, and should be submitted on or before December 18, 2015. --------------------------------------------------------------------------- \11\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\11\ Robert W. Errett, Deputy Secretary. [FR Doc. 2015-30087 Filed 11-25-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices 74151
The Exchange also believes that the attractive or favorable. Additionally, as number should be included on the
proposed rule change is designed to not discussed above, other options subject line if email is used. To help the
permit unfair discrimination among exchanges offer their members similar Commission process and review your
market participants. Use of the optional functionality.14 comments more efficiently, please use
service will be voluntary and within the The proposed rule change to delete only one method. The Commission will
sole discretion of each TPH. The language regarding CMi has no impact post all comments on the Commission’s
proposed optional service is available to on competition, as it merely deletes a Internet Web site (http://www.sec.gov/
all TPHs and will apply to the same provision regarding an API that is no rules/sro.shtml). Copies of the
order types of all TPHs. longer used by, and is no longer submission, all subsequent
The proposed rule change to delete available to, TPHs. CMi 2 ultimately amendments, all written statements
language related to CMi benefits replaced CMi, and FIX continues to be with respect to the proposed rule
investors, as that API is no longer available to TPHs as well. change that are filed with the
available to TPHs and thus deletion of C. Self-Regulatory Organization’s Commission, and all written
that language helps eliminate confusion. Statement on Comments on the communications relating to the
CMi2 and FIX continue to be available Proposed Rule Change Received From proposed rule change between the
to TPHs. Members, Participants, or Others Commission and any person, other than
those that may be withheld from the
B. Self-Regulatory Organization’s The Exchange neither solicited nor public in accordance with the
Statement on Burden on Competition received comments on the proposed provisions of 5 U.S.C. 552, will be
CBOE does not believe that the rule change. available for Web site viewing and
proposed rule change will impose any III. Date of Effectiveness of the printing in the Commission’s Public
burden on competition that is not Proposed Rule Change and Timing for Reference Room, 100 F Street NE.,
necessary or appropriate in furtherance Commission Action Washington, DC 20549 on official
of the purposes of the Act. Specifically, business days between the hours of
The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the
the Exchange does not believe the effective pursuant to Section 19(b)(3)(A)
proposed rule change will cause any filing also will be available for
of the Act 15 and paragraph (f) of Rule inspection and copying at the principal
burden on intramarket competition 19b–4 16 thereunder. At any time within
because the optional service will be office of the Exchange. All comments
60 days of the filing of the proposed rule received will be posted without change;
available to all TPHs. Use of this change, the Commission summarily may
optional service will be within the sole the Commission does not edit personal
temporarily suspend such rule change if identifying information from
discretion of each TPH. The proposed it appears to the Commission that such
rule change will have no impact on submissions. You should submit only
action is necessary or appropriate in the information that you wish to make
TPHs that do not enable the proposed public interest, for the protection of
optional service. For TPHs that elect to available publicly. All submissions
investors, or otherwise in furtherance of should refer to File Number SR–CBOE–
enable the proposed optional service, the purposes of the Act. If the
the only impact on those TPHs will be 2015–103 and should be submitted on
Commission takes such action, the or before December 18, 2015.
cancellation of day orders (in addition Commission will institute proceedings
to Market-Maker quotes) upon loss of to determine whether the proposed rule For the Commission, by the Division of
connectivity. The Technical Disconnect Trading and Markets, pursuant to delegated
change should be approved or
Mechanism will otherwise continue to authority.17
disapproved.
function in the same manner as it does Robert W. Errett,
today. Further, the Exchange does not IV. Solicitation of Comments Deputy Secretary.
believe that such change will impose Interested persons are invited to [FR Doc. 2015–30075 Filed 11–25–15; 8:45 am]
any burden on intermarket competition submit written data, views, and BILLING CODE 8011–01–P
that is not necessary or appropriate in arguments concerning the foregoing,
furtherance of the purposes of the Act. including whether the proposed rule
The proposed rule change modifies a change is consistent with the Act. SECURITIES AND EXCHANGE
mechanism available on CBOE’s system Comments may be submitted by any of COMMISSION
and applies only to orders entered on the following methods: [Release No. 34–76498; File No. SR–CBOE–
CBOE. The Exchange notes that, should 2015–105]
Electronic comments
the proposed change make CBOE a more
attractive place for trading, market • Use the Commission’s Internet Self-Regulatory Organizations;
participants trading on other exchanges comment form (http://www.sec.gov/ Chicago Board Options Exchange,
are welcome to become TPHs and trade rules/sro.shtml); or Incorporated; Notice of Filing and
at CBOE if they determine that this • Send an email to rule-comments@ Immediate Effectiveness of a Proposed
proposed change has made CBOE more sec.gov. Please include File Number SR– Rule Change To Amend the Fees
CBOE–2015–103 on the subject line. Schedule
available at http://www.batstrading.com/resources/ Paper comments
membership/BATS_FIX_Specification.pdf (see November 20, 2015.
Section 5.1 for description of automatic cancel on • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the
disconnection or malfunction); MIAX Options to Brent J. Fields, Secretary, Securities Securities Exchange Act of 1934 (the
Market Protections Handout (March 2015),
mstockstill on DSK4VPTVN1PROD with NOTICES
available at https://www.miaxoptions.com/sites/
and Exchange Commission, 100 F Street ‘‘Act’’),1 and Rule 19b–4 thereunder,2
default/files/MIAX_Market_Protections_March_ NE., Washington, DC 20549–1090. notice is hereby given that on November
2015.pdf (see page 5 for description of auto cancel All submissions should refer to File 16, 2015, Chicago Board Options
on disconnect order protection); and NYSE Number SR–CBOE–2015–103. This file Exchange, Incorporated (the ‘‘Exchange’’
UTPDirect (CGC Binary) API Specification, V1.4
(February 26, 2015), available at https://
14 Id. 17 17 CFR 200.30–3(a)(12).
www.nyse.com/publicdocs/nyse/markets/nyse/
15 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1).
NYSEUTPDirect_Specification.pdf (see Section 3.8
for description of cancel on disconnect service). 16 17 CFR 240.19b–4(f). 2 17 CFR 240.19b–4.
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![74152 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices
or ‘‘CBOE’’) filed with the Securities non-customer orders. The Exchange similar transactions.7 Additionally, the
and Exchange Commission (the notes that the proposed increase is in proposed fee increase would be charged
‘‘Commission’’) the proposed rule line with other exchanges.5 to all non-customers alike. Assessing
change as described in Items I, II, and Next, the Exchange proposes to QCC rates to all market participants
III below, which Items have been provide that the maximum credit paid except customers is equitable and not
prepared by the Exchange. The shall not exceed $350,000 per month unfairly discriminatory because
Commission is publishing this notice to per Trading Permit Holder (‘‘TPH’’). The Customer order flow enhances liquidity
solicit comments on the proposed rule Exchange notes that it will aggregate the on the Exchange for the benefit of all
change from interested persons. market participants. Specifically,
credits of affiliated TPHs (TPHs with at
Customer liquidity benefits all market
I. Self-Regulatory Organization’s least 75% common ownership between
participants by providing more trading
Statement of the Terms of the Substance the firms as reflected on each firm’s
opportunities, which attracts Market-
of the Proposed Rule Change Form BD, Schedule A) for purposes of
Makers. An increase in the activity of
The Exchange proposes to amend its determining whether a TPH has met the these market participants in turn
Fees Schedule. The text of the proposed QCC credit cap. The Exchange believes facilitates tighter spreads, which may
rule change is available on the that, while limiting the amount of rebate cause an additional corresponding
Exchange’s Web site (http:// that a market participant can receive, increase in order flow from other market
www.cboe.com/AboutCBOE/ the current QCC rebate will continue to participants. By exempting customer
CBOELegalRegulatoryHome.aspx), at incentivize market participants to seek orders, the QCC transaction fees will not
the Exchange’s Office of the Secretary, to obtain the highest rebate possible. discourage the sending of customer
and at the Commission’s Public The Exchange also notes that other orders.
Reference Room. Exchanges have similar caps on rebates The Exchange believes the proposed
offered for QCC transactions.6 QCC credit cap is reasonable, equitable
II. Self-Regulatory Organization’s
Statement of the Purpose of, and 2. Statutory Basis and not unfairly discriminatory because
it is in line with similar caps on rebates
Statutory Basis for, the Proposed Rule
The Exchange believes the proposed paid for QCC transactions at other
Change
rule change is consistent with the exchanges 8 and because all TPHs would
In its filing with the Commission, the Securities Exchange Act of 1934 (the be uniformly capped at $350,000 per
Exchange included statements ‘‘Act’’) and the rules and regulations month. The Exchange also believes it’s
concerning the purpose of and basis for thereunder applicable to the Exchange reasonable, equitable and not unfairly
the proposed rule change and discussed and, in particular, the requirements of discriminatory to provide that it will
any comments it received on the Section 6(b) of the Act. Specifically, the aggregate the credits of affiliated TPHs
proposed rule change. The text of these Exchange believes the proposed rule to determine whether the credit cap has
statements may be examined at the change is consistent with the Section been met, as the Exchange believes this
places specified in Item IV below. The 6(b)(5) requirements that the rules of an should prevent TPHs from dividing up
Exchange has prepared summaries, set exchange be designed to prevent their orders to different affiliates in
forth in sections A, B, and C below, of fraudulent and manipulative acts and order to avoid meeting the cap and it
the most significant aspects of such practices, to promote just and equitable would apply to all TPHs.
statements. principles of trade, to foster cooperation B. Self-Regulatory Organization’s
A. Self-Regulatory Organization’s and coordination with persons engaged Statement on Burden on Competition
Statement of the Purpose of, and in regulating, clearing, settling,
The Exchange does not believe that
Statutory Basis for, the Proposed Rule processing information with respect to,
the proposed rule changes will impose
Change and facilitation transactions in
any burden on competition that are not
securities, to remove impediments to necessary or appropriate in furtherance
1. Purpose
and perfect the mechanism of a free and of the purposes of the Act. The
The Exchange proposes to amend its open market and a national market
Fees Schedule, effective November 16, Exchange does not believe that the
system, and, in general, to protect proposed rule change will impose any
2015. Specifically, the Exchange investors and the public interest. burden on intramarket competition that
proposes to amend the Fees Schedule Additionally, the Exchange believes the is not necessary or appropriate in
with respect to Qualified Contingent proposed rule change is consistent with furtherance of the purposes of the Act,
Cross (‘‘QCC’’) 3 orders. Currently, the Section 6(b)(4) of the Act, which because the proposes [sic] rule changes
Fees Schedule provides for a transaction requires that Exchange rules provide for apply uniformly to all Trading Permit
fee for all non-customer QCC orders of the equitable allocation of reasonable Holders. The Exchange believes this
$0.15 per contract side (customer orders dues, fees, and other charges among its proposal will not cause an unnecessary
are not assessed a charge) and a $0.10 Trading Permit Holders and other burden on intermarket competition
per contract credit for the initiating persons using its facilities. because it only affects trading on CBOE.
order side, regardless of origin code.4 The Exchange believes the proposed To the extent that the proposed changes
The Exchange first proposes to increase increase to the transaction fee for QCC make CBOE a more attractive
the fee for QCC transactions from $0.15 orders is reasonable because the marketplace for market participants at
per contract to $0.17 per contract for all proposed amount is in line with the other exchanges, such market
mstockstill on DSK4VPTVN1PROD with NOTICES
3 A QCC order is comprised of an order to buy
amount assessed at other Exchanges for participants are welcome to become
or sell at least 1,000 contracts (or 10,000 mini- CBOE market participants. Additionally,
option contracts) that is identified as being part of 5 See e.g., NASDAQ OMX PHLX LLC (‘‘PHLX’’)
a qualified contingent trade, coupled with a contra- Pricing Schedule, Section II, QCC Transaction Fees. 7 See e.g., PHLX Pricing Schedule, Section II,
side order or orders totaling an equal number of 6 See e.g., PHLX Pricing Schedule, Section II, QCC Transaction Fees and NSYE Amex Options
contracts. QCC Transaction Fees and NSYE Amex Options Fees Schedule, Section I.E, Qualified Contingent
4 The Exchange notes that the $0.10 per contract Fees Schedule (‘‘Amex’’), Section IE, Qualified Cross (‘‘QCC’’) Fees and Credits for Standard
credit is not be available for customer-to-customer Contingent Cross (‘‘QCC’’) Fees and Credits for Options and Mini Options.
transactions. Standard Options and Mini Options. 8 Id.
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![Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices 74153
the Exchange notes that it operates in a only one method. The Commission will ‘‘Commission’’) the proposed rule
highly competitive market, comprised of post all comments on the Commission’s change as described in Items I, II, and
thirteen options exchanges, in which Internet Web site (http://www.sec.gov/ III below, which Items have been
market participants can easily and rules/sro.shtml). Copies of the prepared by the self-regulatory
readily direct order flow to competing submission, all subsequent organization. The Commission is
venues if they deem fee levels at a amendments, all written statements publishing this notice to solicit
particular venue to be excessive or with respect to the proposed rule comments on the proposed rule change
rebates to be inadequate. change that are filed with the from interested persons.
Commission, and all written
C. Self-Regulatory Organization’s communications relating to the I. Self-Regulatory Organization’s
Statement on Comments on the proposed rule change between the Statement of the Terms of Substance of
Proposed Rule Change Received From Commission and any person, other than the Proposed Rule Change
Members, Participants, or Others those that may be withheld from the
The Exchange neither solicited nor public in accordance with the The Exchange proposes a rule to [sic]
received comments on the proposed provisions of 5 U.S.C. 552, will be relating to fingerprint-based background
rule change. available for Web site viewing and checks of directors, officers, employees
printing in the Commission’s Public and others. The proposed rule change is
III. Date of Effectiveness of the available on the Exchange’s Web site at
Reference Room, 100 F Street NE.,
Proposed Rule Change and Timing for Washington, DC 20549 on official www.nyse.com, at the principal office of
Commission Action business days between the hours of the Exchange, and at the Commission’s
The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of such Public Reference Room.
effective pursuant to Section 19(b)(3)(A) filing also will be available for II. Self-Regulatory Organization’s
of the Act 9 and paragraph (f) of Rule inspection and copying at the principal Statement of the Purpose of, and
19b–4 10 thereunder. At any time within offices of the Exchange. All comments
Statutory Basis for, the Proposed Rule
60 days of the filing of the proposed rule received will be posted without change;
Change
change, the Commission summarily may the Commission does not edit personal
temporarily suspend such rule change if identifying information from In its filing with the Commission, the
it appears to the Commission that such submissions. You should submit only self-regulatory organization included
action is necessary or appropriate in the information that you wish to make statements concerning the purpose of,
public interest, for the protection of available publicly. All submissions and basis for, the proposed rule change
investors, or otherwise in furtherance of should refer to File Number SR–CBOE– and discussed any comments it received
the purposes of the Act. If the 2015–105, and should be submitted on on the proposed rule change. The text
Commission takes such action, the or before December18, 2015. of those statements may be examined at
Commission will institute proceedings For the Commission, by the Division of the places specified in Item IV below.
to determine whether the proposed rule Trading and Markets, pursuant to delegated The Exchange has prepared summaries,
change should be approved or authority.11
set forth in sections A, B, and C below,
disapproved. Robert W. Errett, of the most significant parts of such
IV. Solicitation of Comments Deputy Secretary. statements.
[FR Doc. 2015–30087 Filed 11–25–15; 8:45 am]
Interested persons are invited to BILLING CODE 8011–01–P A. Self-Regulatory Organization’s
submit written data, views, and Statement of the Purpose of, and the
arguments concerning the foregoing, Statutory Basis for, the Proposed Rule
including whether the proposed rule SECURITIES AND EXCHANGE Change
change is consistent with the Act. COMMISSION
Comments may be submitted by any of 1. Purpose
the following methods: [Release No. 34–76492; File No. SR–
NYSEArca-2015–92] The Exchange and its wholly owned
Electronic Comments subsidiary NYSE Arca Equities proposes
Self-Regulatory Organizations; NYSE a new Rule 3.11 4 codifying the current
• Use the Commission’s Internet Arca, Inc.; Notice of Filing and
comment form (http://www.sec.gov/ practice of conducting fingerprint-based
Immediate Effectiveness of Proposed background checks of prospective and
rules/sro.shtml); or Rule Change Adopting a Rule Relating
• Send an email to rule-comments@ current employees, temporary
to Fingerprint-Based Background personnel, independent contractors,
sec.gov. Please include File Number SR–
Checks of Directors, Officers, service providers and others. The
CBOE–2015–105 on the subject line.
Employees, and Others proposed rule is substantially similar to
Paper Comments Rule 28 of the Exchange’s affiliates, New
November 20, 2015.
• Send paper comments in triplicate Pursuant to Section 19(b)(1) 1 of the York Stock Exchange LLC and NYSE
to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the MKT LLC.5 A number of other securities
Commission, 100 F Street NE., ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 markets have also adopted a similar
Washington, DC 20549–1090. notice is hereby given that, on rule, permitting them to obtain
All submissions should refer to File November 12, 2015, NYSE Arca, Inc. fingerprints from certain enumerated
mstockstill on DSK4VPTVN1PROD with NOTICES
Number SR–CBOE–2015–105. This file (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
number should be included on the with the Securities and Exchange 4 NYSE Arca and NYSE Arca Equities Rule 3
subject line if email is used. To help the Commission (the ‘‘SEC’’ or govern organization and administration. The text of
Commission process and review your proposed Rule 3.11 would be identical for both
NYSE Arca and NYSE Arca Equities.
comments more efficiently, please use 11 17 CFR 200.30–3(a)(12). 5 See NYSE Rule 28; NYSE MKT Rule 28. There
1 15 U.S.C.78s(b)(1). are no substantive differences between the
9 15 U.S.C. 78s(b)(3)(A). 2 15 U.S.C. 78a.
proposed Rule and NYSE Rule 28 and NYSE MKT
10 17 CFR 240.19b–4(f). 3 17 CFR 240.19b–4. Rule 28.
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Document Created: 2015-12-14 14:05:57
Document Modified: 2015-12-14 14:05:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
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