80_FR_75927 80 FR 75695 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change To Permit P.M.-Settled Options on Broad-Based Indexes To Expire on Any Wednesday of the Month by Expanding the End of Week/End of Month Pilot Program

80 FR 75695 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change To Permit P.M.-Settled Options on Broad-Based Indexes To Expire on Any Wednesday of the Month by Expanding the End of Week/End of Month Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 232 (December 3, 2015)

Page Range75695-75699
FR Document2015-30608

Federal Register, Volume 80 Issue 232 (Thursday, December 3, 2015)
[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)]
[Notices]
[Pages 75695-75699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30608]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76529; File No. SR-CBOE-2015-106]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing of a Proposed Rule Change To Permit 
P.M.-Settled Options on Broad-Based Indexes To Expire on Any Wednesday 
of the Month by Expanding the End of Week/End of Month Pilot Program

November 30, 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 17, 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, 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.
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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 Substance 
of the Proposed Rule Change

    The Exchange seeks to expand the End of Week/End of Month Pilot 
Program to permit P.M.-settled options on broad-based indexes to expire 
on any Wednesday of the month. The text of the proposed rule change is 
provided below (additions are italicized; deletions are [bracketed]).
* * * * *

Chicago Board Options Exchange, Incorporated Rules

* * * * *

Rule 24.4. Position Limits for Broad-Based Index Options

    (a) No change.
    (b) End of Week Expirations, [and] End of Month Expirations, and 
Wednesday Expirations (as provided for in Rule 24.9(e), QIXs, Q-
CAPS, Packaged Vertical Spreads and Packaged Butterfly Spreads on a 
broad-based index shall be aggregated with option contracts on the 
same broad-based index and shall be subject to the overall position 
limit.
* * * * *

Rule 24.9. Terms of Index Option Contracts

    (a)-(d) No change.
    (e) Nonstandard Expirations Pilot Program [End of Week/End of 
Month Expirations Pilot Program (``EOW/EOM Pilot Program'')]
    (1) End of Week (``EOW'') Expirations. The Exchange may open for 
trading EOWs on any

[[Page 75696]]

broad-based index eligible for standard options trading to expire on 
any Friday of the month, other than the third Friday-of-the-month. 
EOWs shall be subject to all provisions of this Rule and treated the 
same as options on the same underlying index that expire on the 
third Friday of the expiration month; provided, however, that EOWs 
shall be P.M.-settled.
    The maximum numbers of expirations that may be listed for EOWs 
is the same as the maximum numbers of expirations permitted in Rule 
24.9(a)(2) for standard options on the same broad-based index. Other 
than expirations that are third Friday-of-the-month or that coincide 
with an EOM expiration, EOW expirations shall be for [the nearest] 
consecutive Friday expirations. [from the actual listing date, other 
than the third Friday-of-the-month or that coincide with an EOM 
expiration]. EOWs that are first listed in a given class may expire 
up to four weeks from the actual listing date. If the last trading 
day of a month is a Friday and the Exchange lists EOMs and EOWs in a 
given class, the Exchange will list an EOM instead of [and not] an 
EOW in the given class. Other expirations in the same class are not 
counted as part of the maximum numbers of EOW expirations for a 
broad-based index class.
    (2) End of Month (``EOM'') Expirations. The Exchange may open 
for trading EOMs on any broad-based index eligible for standard 
options trading to expire on last trading day of the month. EOMs 
shall be subject to all provisions of this Rule and treated the same 
as options on the same underlying index that expire on [on] the 
third Friday of the expiration month; provided, however, that EOMs 
shall be P.M.-settled.
    The maximum numbers of expirations that may be listed for EOMs 
is the same as the maximum numbers of expirations permitted in Rule 
24.9(a)(2) for standard options on the same broad-based index. EOM 
expirations shall be for [the nearest] consecutive end of month 
expirations [from the actual listing date]. EOMs that are first 
listed in a given class may expire up to four weeks from the actual 
listing date. Other expirations in the same class are not counted as 
part of the maximum numbers of EOM expirations for a broad-based 
index class.
    (3) Wednesday (``WED'') Expirations. The Exchange may open for 
trading WEDs on any broad-based index eligible for standard options 
trading to expire on any Wednesday of the month, other than a 
Wednesday that is EOM. WEDs shall be subject to all provisions of 
this Rule and treated the same as options on the same underlying 
index that expire on the third Friday of the expiration month; 
provided, however, that WEDs shall be P.M.-settled.
    The maximum numbers of expirations that may be listed for WEDs 
is the same as the maximum numbers of expirations permitted in Rule 
24.9(a)(2) for standard options on the same broad-based index. Other 
than expirations that coincide with an EOM expiration, WED 
expirations shall be for consecutive Wednesday expirations. WEDs 
that are first listed in a given class may expire up to four weeks 
from the actual listing date. If the last trading day of a month is 
a Wednesday and the Exchange lists EOMs and WEDs in a given class, 
the Exchange will list an EOM instead of a WED in the given class. 
Other expirations in the same class are not counted as part of the 
maximum numbers of WED expirations for a broad-based index class.
    [(3)] (4) Duration of Nonstandard Expirations Pilot Program 
[EOW/EOM Pilot Program]. The Nonstandard Expirations Pilot Program 
[EOW/EOM Pilot Program] shall be through May 3, [2016] 2017.
    [(4)] (5) EOW/EOM/WED Trading Hours on the Last Trading Day. On 
the last trading day, transactions in expiring EOWs, [and] EOMs, and 
WEDs may be effected on the Exchange between the hours of 8:30 a.m. 
(Chicago time) and 3:00 p.m. (Chicago time).

    The text of the proposed rule change is also 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
    On September 14, 2010, the Commission approved a CBOE proposal to 
establish a pilot program under which the Exchange is permitted to list 
P.M.-settled options on broad-based indexes to expire on (a) any Friday 
of the month, other than the third Friday-of-the-month (``EOWs''), and 
(b) the last trading day of the month (``EOM'').\3\ Under the terms of 
the End of Week/End of Month Expirations Pilot Program (the ``Pilot''), 
EOWs and EOMs are permitted on any broad-based index that is eligible 
for regular options trading. EOWs and EOMs are cash-settled expirations 
with European-style exercise, and are subject to the same rules that 
govern the trading of standard index options.
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    \3\ See Securities Exchange Act Release No. 62911 (September 14, 
2010), 75 FR 57539 (September 21, 2010) (order approving SR-CBOE-
2009-075).
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    The purpose of this filing is to expand the Pilot to permit P.M.-
settled options on broad-based indexes to expire on any Wednesday of 
the month (``WEDs''), other than Wednesdays that are EOM. To expand the 
Pilot as described, the Exchange is proposing to amend Rule 24.9(e)(3) 
to expressly provide the Exchange with the ability to list P.M.-settled 
WEDs on broad-based indexes eligible for options trading. In order to 
allow data regarding WEDs to be collected, this proposal seeks to 
extend the duration of the Pilot to May 3, 2017.\4\ Additionally, if 
the Exchange were to propose an extension of the Pilot or should the 
Exchange propose to make the Pilot permanent, then the Exchange would 
submit a filing proposing such amendments to the Pilot. Furthermore, 
any positions established under the Pilot would not be impacted by the 
expiration of the Pilot. For example, if the Exchange lists an EOW, 
EOM, or WED expiration that expires after the Pilot expires (and is not 
extended) then those positions would continue to exist. However, any 
further trading in those series would be restricted to transactions 
where at least one side of the trade is a closing transaction.
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    \4\ See Securities Exchange Act Release No. 73422 (October 24, 
2014), 79 FR 64640 (October 30, 2014) (SR-CBOE-2014-079). The Pilot 
is currently set to expire on May 3, 2016.
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Wednesday Expiration
    With respect to Wednesday expirations, the Exchange proposes to 
amend Rule 24.9(e)(3) by adding the following rule text

    Wednesday (``WED'') Expirations. The Exchange may open for 
trading WEDs on any broad-based index eligible for standard options 
trading to expire on any Wednesday of the month, other than a 
Wednesday that is EOM. WEDs shall be subject to all provisions of 
this Rule and treated the same as options on the same underlying 
index that expire on the third Friday of the expiration month; 
provided, however, that WEDs shall be P.M.-settled.

    WEDs will be subject to the same rules that currently govern the 
trading of traditional index options, including sales practice rules, 
margin requirements, and floor trading procedures. Contract terms for 
WEDs will be similar to EOWs.
Maximum Number of Expirations
    With respect to the maximum number of expirations, the Exchange 
proposes to amend Rule 24.9(e)(3) by adding the following rule text:

    The maximum numbers of expirations that may be listed for WEDs 
is the same as the maximum numbers of expirations permitted

[[Page 75697]]

in Rule 24.9(a)(2) for standard options on the same broad-based 
index. Other than expirations that coincide with an EOM expiration, 
WED expirations shall be for consecutive Wednesday expirations. WEDs 
that are first listed in a given class may expire up to four weeks 
from the actual listing date. If the last trading day of a month is 
a Wednesday and the Exchange lists EOMs and WEDs in a given class, 
the Exchange will list an EOM instead of a WED in the given class. 
Other expirations in the same class are not counted as part of the 
maximum numbers of WED expirations for a broad-based index class.

    In support of this change, CBOE states that under Rule 24.9(a)(2), 
the maximum numbers [sic] of expirations varies depending on the type 
of class or by specific class. Therefore, the maximum number of 
expirations permitted for WEDs on a given class would be determined 
based on the specific broad-based index option class. For example, if 
the broad-based index option class is used to calculate a volatility 
index, the maximum number of WEDs permitted in that class would be 12 
expirations (as is permitted in Rule 24.9(a)(2)).
    For WEDs, CBOE proposes that other than expirations that coincide 
with an EOM expiration, WED expirations shall be for consecutive 
Wednesday expirations.\5\ However, the Exchange is also proposing that 
WEDs that are first listed in a given class may expire up to four weeks 
from the actual listing date.\6\ It is generally the Exchange's 
practice to list new expirations in a class in a manner that allows 
market participants to trade a particular product for longer than a 
week. Even weekly products such as EOWs and WEDs are not designed to 
have a life cycle--from listing to expiration--of one week; instead, 
they are simply designed to expire weekly. Thus, consistent with the 
Exchange's listing practices, this rule change will explicitly allow 
the Exchange to launch WEDs in an options class that do not expire on 
the following Wednesday from the actual listing date. For example, upon 
approval of this rule change, if the actual listing date of the first 
WEDs in a class is Monday, November 2nd, the expiration date of the 
first WEDs need not be Wednesday, November 4th; rather, the first 
expiration could be November 11th or a Wednesday thereafter. A similar 
provision will apply to EOWs and EOMs.
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    \5\ This proposal also provides that for EOWs, other than 
expirations that are third Friday-of-the-month or that coincide with 
an EOM expiration, EOW expirations shall be for consecutive Friday 
expirations.
    \6\ The purpose of these provisions is to prevent gaps in 
expirations. For example, the provision prevents the Exchange from 
listing a WED expiration to expire on Wednesday, October 14th, then 
not listing a WED expiration to expire on October 21st, and then 
listing a WED expiration to expire on October 28th. The provision is 
not meant to prevent the Exchange from launching a new product and 
having the initial expiration dates be weeks from the initial 
launch.
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    CBOE also proposes to follow the listing hierarchy described in the 
original Pilot filing, which provides that if the last trading day of 
the month is a Friday, the Exchange will list an EOM instead of an 
EOW.\7\ Thus, with regards to WEDs, if the last trading day of a month 
is a Wednesday, the Exchange would list an EOM and not a WED. However, 
the Exchange is clarifying in Rules 24.9(e)(1) for EOWs and 24.9(e)(3) 
for WEDs that the hierarchy of EOMs over EOWs and WEDs only arises when 
the Exchange lists EOMs and EOWs or WEDs in a particular options class. 
In other words, if the last trading day of a month is a Wednesday and 
the Exchange does not list EOMs in class ABC but does list WEDs in ABC, 
then the Exchange may list a WED expiration for the last trading day of 
the month in class ABC. The same goes for EOWs. If the last trading day 
of a month is a Friday and the Exchange does not list EOMs in a 
particular options class but lists EOWs in the class, then the Exchange 
may list EOWs for the last trading day of the month in that particular 
options class.
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    \7\ See Securities Exchange Act Release No. 62658 (August 5, 
2010), 75 FR 49010 (SR-CBOE-2009-075).
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    Finally, CBOE proposes to add that other expirations in the same 
class would not be counted as part of the maximum numbers of WED 
expirations for a broad-based index class. CBOE states that this 
provision is modeled after the maximum number of expirations applicable 
to EOW and EOM options.\8\ This provision is also similar to one 
recently adopted in connection with weekly CBOE Volatility Index 
(``VIX'') expirations, in that standard VIX expirations are not counted 
toward the maximum number of expirations permitted for weekly 
expiration in VIX options.\9\
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    \8\ See Rule 24.9(e)(1) and (2).
    \9\ See fourth bullet under Rule 24.9(a)(2).
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    CBOE has analyzed its capacity and represents that it believes the 
Exchange and the Options Price Reporting Authority (``OPRA'') have the 
necessary systems capacity to handle any additional traffic associated 
with the listing of the maximum number of WED expirations permitted 
under the Pilot.
Position Limits
    Since WEDs will be a new type of series and not a new class, the 
Exchange proposes that WEDs on the same broad-based index (e.g., of the 
same class) shall be aggregated for position limits (if any) and any 
applicable reporting and other requirements.\10\ The Exchange is 
proposing to add ``WEDs'' to Rule 24.4(b) to reflect the aggregation 
requirement. This proposed aggregation is consistent with the 
aggregation requirements for other types of option series (e.g., EOWs, 
EOMs, QOS, QIXs) that are listed on the Exchange and which do not 
expire on the customary ``third Saturday. '' \11\
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    \10\ See e.g., Rule 4.13, Reports Related to Position Limits and 
Interpretation and Policy .03 to Rule 24.4 which sets forth the 
reporting requirements for certain broad-based indexes that do not 
have position limits.
    \11\ As will be discussed in detail below, the Exchange trades 
structured quarterly and short term options. FLEX Options do not 
become fungible with subsequently introduced Non-FLEX structured 
quarterly and short term options. See Securities Exchange Act 
Release No. 59675 (April 1, 2009), 74 FR 15794 (April 7, 2009) (SR-
OCC-2009-05). Because of the similarities between WED expirations 
and existing structured quarterly and short term options, FLEX 
Options will similarly not become fungible with WED expirations 
listed for trading.
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Retitle the EOW/EOM Pilot Program
    As part of adding WED expirations to the existing EOW/EOM Pilot 
Program, the Exchange believes it is necessary to retitle paragraph (e) 
of Rule 24.9. Thus, the Exchange proposes to retitle the Pilot as the 
``Nonstandard Expirations Pilot Program.''
Annual Pilot Program Report
    As part of the Pilot, the Exchange currently submits a Pilot report 
to the Securities and Exchange Commission (``Commission'') at least two 
months prior to the expiration date of the Pilot (the ``annual 
report'') . The annual report contains an analysis of volume, open 
interest and trading patterns. In addition, for series that exceed 
certain minimum open interest parameters, the annual report provides 
analysis of index price volatility and, if needed, share trading 
activity. The annual report will be expanded to provide the same data 
and analysis related to WED expirations as is currently provided for 
EOW and EOM expirations.
    The Pilot is currently set to expire on May 3, 2016. As the annual 
report is provided at least two months prior the expiration date of the 
Pilot, there would not be significant data concerning WED expirations 
in the next annual report, which is due in approximately February 2016. 
Thus, the Exchange is seeking to extend the pilot to May 3, 2017. The 
Exchange will still provide an annual report in approximately February 
2016 that covers EOWs, EOMs, and WEDs.

[[Page 75698]]

All annual reports will continue to be provided to the Commission on a 
confidential basis.
Analysis of Volume and Open Interest
    For EOW, EOM, and WED series, the annual report will contain the 
following volume and open interest data for each broad-based index 
overlying EOW, EOM, and WED options:
    (1) Monthly volume aggregated for all EOW, EOM, and WED series,
    (2) Volume in EOW, EOM, and WED series aggregated by expiration 
date,
    (3) Month-end open interest aggregated for all EOW, EOM, and WED 
series,
    (4) Month-end open interest for EOM series aggregated by expiration 
date, week-ending open interest for EOW series aggregated by expiration 
date, and Wednesday-ending open interest for WED series aggregated by 
expiration date,
    (5) Ratio of monthly aggregate volume in EOW, EOM, and WED series 
to total monthly class volume, and
    (6) Ratio of month-end open interest in EOM series to total month-
end class open interest, ratio of week-ending open interest in EOW 
series to total week-ending open interest, and ratio of Wednesday-
ending open interest in WED series to total week-ending open interest.
    Upon request by the SEC, CBOE will provide a data file containing: 
(1) EOW, EOM, and WED option volume data aggregated by series, and (2) 
EOW week-ending open interest for expiring series, EOM month-end open 
interest for expiring series, and WED Wednesday-ending open interest 
for expiring series.
Monthly Analysis of EOW & EOM & WED Trading Patterns
    In the annual report, CBOE also proposes to identify EOW, EOM, and 
WED trading patterns by undertaking a time series analysis of open 
interest in EOW, EOM, and WED series aggregated by expiration date 
compared to open interest in near-term standard Expiration Friday A.M.-
settled series in order to determine whether users are shifting 
positions from standard series to EOW, EOM, and WED series. Declining 
open interest in standard series accompanied by rising open interest in 
EOW, EOM, and WED series would suggest that users are shifting 
positions.
Provisional Analysis of Index Price Volatility and Share Trading 
Activity
    For each EOW, EOM, and WED Expiration that has open interest that 
exceeds certain minimum thresholds, the annual report will contain the 
following analysis related to index price changes and, if needed, 
underlying share trading volume at the close on expiration dates:
    (1) A comparison of index price changes at the close of trading on 
a given expiration date with comparable price changes from a control 
sample. The data will include a calculation of percentage price changes 
for various time intervals and compare that information to the 
respective control sample. Raw percentage price change data as well as 
percentage price change data normalized for prevailing market 
volatility, as measured by the CBOE Volatility Index (``VIX''), will be 
provided; and
    (2) if needed, a calculation of share volume for a sample set of 
the component securities representing an upper limit on share trading 
that could be attributable to expiring in-the-money EOW, EOM, and WED 
expirations. The data, if needed, will include a comparison of the 
calculated share volume for securities in the sample set to the average 
daily trading volumes of those securities over a sample period.
    The minimum open interest parameters, control sample, time 
intervals, method for selecting the component securities, and sample 
periods will be determined by the Exchange and the Commission.
Discussion
    In support of this proposal, the Exchange states that it trades 
other types of series and FLEX Options \12\ that expire on different 
days than regular options and in some cases have P.M.-settlement. For 
example, since 1993 the Exchange has traded Quarterly Index Expirations 
(``QIXs'') that are cash-settled options on certain broad-based indexes 
which expire on the first business day of the month following the end 
of a calendar quarter and are P.M.-settled.\13\ The Exchange also 
trades Quarterly Option Series (``QOS'') that overlie exchange traded 
funds (``ETFs'') or indexes which expire at the close of business on 
the last business day of a calendar quarter and are P.M.-settled.\14\ 
Additionally, as described above, this Pilot currently allows the 
Exchange to trade EOW and EOM options that are P.M.-settled. The 
Exchange has experience with these special dated options and has not 
observed any market disruptions resulting from the P.M.-settlement 
feature of these options. The Exchange does not believe that any market 
disruptions will be encountered with the introduction of P.M.-
settlement WED expirations.
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    \12\ See Securities Exchange Act Release No. 61439 (January 28, 
2010), 75 FR 5831 (February 4, 2010) (SR-CBOE-2009-087) (order 
approving rule change to establish a pilot program to modify FLEX 
option exercise settlement values and minimum value sizes).
    \13\ See Rule 24.9(c).
    \14\ See Rules 5.5(e) and 24.9(a)(2)(B).
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    The Exchange trades P.M.-settled EOW expirations, which provide 
market participants a tool to hedge special events and to reduce the 
premium cost of buying protection. The Exchange seeks to introduce 
P.M.-settled WED expirations to, among other things, expand hedging 
tools available to market participants and to continue the reduction of 
premium cost of buying protection. The Exchange believes that a WED 
expiration, similar to EOW expirations, would allow market participants 
to purchase an option based on their needed timing and allow them to 
tailor their investment or hedging needs more effectively. With SPX 
WEDs in particular, the Exchange believes VIX options and futures 
traders will be able to use SPX WEDs to more effectively manage the 
pricing complexity and risk of VIX options and futures. In addition, 
because P.M.-settlement permits trading throughout the day on the day 
the contract expires, the Exchange believes this feature will permit 
market participants to more effectively manage overnight risk and trade 
out of their positions up until the time the contract settles.
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.\15\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \16\ 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) \17\ requirement that the rules of an exchange not be 
designed

[[Page 75699]]

to permit unfair discrimination between customers, issuers, brokers, or 
dealers.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ Id.
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    In particular, the Exchange believes the EOW/EOM Pilot has been 
successful to date and that WEDs simply expand the ability of investors 
to hedge risks against market movements stemming from economic releases 
or market events that occur throughout the month in the same way that 
EOWs and EOMs have expanded the landscape of hedging. Similarly, the 
Exchange believes WEDs should create greater trading and hedging 
opportunities and flexibility, and provide customers with the ability 
to more closely tailor their investment objectives.

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 does 
not believe the proposal will impose any burden on intramarket 
competition as all market participants will be treated in the same 
manner as existing EOWs and EOMs. Additionally, the Exchange does not 
believe the proposal will impose any burden on intermarket competition 
as market participants on other exchanges are welcome to become Trading 
Permit Holders and trade at CBOE if they determine that this proposed 
rule change has made CBOE more attractive or favorable. Finally, 
although the majority of the Exchange's broad-based index options are 
exclusively-listed at CBOE, all options exchanges are free to compete 
by listing and trading their own broad-based index options that expire 
on Wednesdays.

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

    Within 45 days of the date of publication of this notice in the 
Federal Registeror within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule 
change should be 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-2015-106 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2015-106. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2015-106 and should be 
submitted on or before December 24, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30608 Filed 12-2-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                        Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices                                                75695

                                             numbers) or by email at DOL_PRA_                        renewal. The DOL seeks to extend PRA                  SECURITIES AND EXCHANGE
                                             PUBLIC@dol.gov.                                         authorization for this information                    COMMISSION
                                               Submit comments about this request                    collection for three (3) more years,
                                             by mail or courier to the Office of                                                                           [Release No. 34–76529; File No. SR–CBOE–
                                                                                                     without any change to existing                        2015–106]
                                             Information and Regulatory Affairs,                     requirements. The DOL notes that
                                             Attn: OMB Desk Officer for DOL–OSHA,                    existing information collection                       Self-Regulatory Organizations;
                                             Office of Management and Budget,                        requirements submitted to the OMB                     Chicago Board Options Exchange,
                                             Room 10235, 725 17th Street NW.,                        receive a month-to-month extension                    Incorporated; Notice of Filing of a
                                             Washington, DC 20503; by Fax: 202–                      while they undergo review. For                        Proposed Rule Change To Permit P.M.-
                                             395–5806 (this is not a toll-free                       additional substantive information                    Settled Options on Broad-Based
                                             number); or by email: OIRA_                             about this ICR, see the related notice                Indexes To Expire on Any Wednesday
                                             submission@omb.eop.gov. Commenters                      published in the Federal Register on                  of the Month by Expanding the End of
                                             are encouraged, but not required, to                    May 18, 2015 (80 FR 28300).                           Week/End of Month Pilot Program
                                             send a courtesy copy of any comments                      Interested parties are encouraged to
                                             by mail or courier to the U.S.                          send comments to the OMB, Office of                   November 30, 2015.
                                             Department of Labor-OASAM, Office of                    Information and Regulatory Affairs at                    Pursuant to Section 19(b)(1) of the
                                             the Chief Information Officer, Attn:                    the address shown in the ADDRESSES                    Securities Exchange Act of 1934 (the
                                             Departmental Information Compliance                     section within thirty (30) days of                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                             Management Program, Room N1301,                         publication of this notice in the Federal             notice is hereby given that on November
                                             200 Constitution Avenue NW.,                            Register. In order to help ensure                     17, 2015, Chicago Board Options
                                             Washington, DC 20210; or by email:                      appropriate consideration, comments                   Exchange, Incorporated (the ‘‘Exchange’’
                                             DOL_PRA_PUBLIC@dol.gov.                                 should mention OMB Control Number                     or ‘‘CBOE’’) filed with the Securities
                                             FOR FURTHER INFORMATION CONTACT:                        1218–0101. The OMB is particularly                    and Exchange Commission (the
                                             Michel Smyth by telephone at 202–693–                   interested in comments that:                          ‘‘Commission’’) the proposed rule
                                             4129, TTY 202–693–8064, (these are not                    • Evaluate whether the proposed                     change as described in Items I, II, and
                                             toll-free numbers) or by email at DOL_                  collection of information is necessary                III below, which Items have been
                                             PRA_PUBLIC@dol.gov.                                     for the proper performance of the                     prepared by the Exchange. The
                                                Authority: 44 U.S.C. 3507(a)(1)(D).                  functions of the agency, including                    Commission is publishing this notice to
                                                                                                     whether the information will have                     solicit comments on the proposed rule
                                             SUPPLEMENTARY INFORMATION:      This ICR                                                                      change from interested persons.
                                             seeks to extend PRA authority for the                   practical utility;
                                             1,2-Dibromo-3-Chloropropane (DBCP)                        • Evaluate the accuracy of the                      I. Self-Regulatory Organization’s
                                             Standard information collection                         agency’s estimate of the burden of the                Statement of the Terms of Substance of
                                             requirements codified in regulations 29                 proposed collection of information,                   the Proposed Rule Change
                                             CFR 1910–1044. The Standard mandates                    including the validity of the                            The Exchange seeks to expand the
                                             an Occupational Safety and Health Act                   methodology and assumptions used;                     End of Week/End of Month Pilot
                                             (OSH Act) covered employer subject to                     • Enhance the quality, utility, and                 Program to permit P.M.-settled options
                                             the Standard to train workers about the                 clarity of the information to be                      on broad-based indexes to expire on any
                                             hazards of DBCP, to monitor worker                      collected; and                                        Wednesday of the month. The text of
                                             exposure, to provide medical                              • Minimize the burden of the                        the proposed rule change is provided
                                             surveillance, and to maintain accurate                  collection of information on those who                below (additions are italicized;
                                             records of worker exposure to DBCP.                     are to respond, including through the                 deletions are [bracketed]).
                                             Employers, workers, physicians, and the                 use of appropriate automated,                         *     *    *     *     *
                                             Government use these records to ensure                  electronic, mechanical, or other
                                             workers are not harmed by exposure to                   technological collection techniques or                Chicago Board Options Exchange,
                                             DBCP in the workplace. OSH Act                                                                                Incorporated Rules
                                                                                                     other forms of information technology,
                                             sections 2(b)(9), 6, and 8(c) authorize                 e.g., permitting electronic submission of             *          *       *      *    *
                                             this information collection. See 29                     responses.                                            Rule 24.4. Position Limits for Broad-Based
                                             U.S.C. 651(b)(9), 655, and 657(c).                        Agency: DOL–OSHA.                                   Index Options
                                               This information collection is subject
                                                                                                       Title of Collection: The 1,2-Dibromo-                 (a) No change.
                                             to the PRA. A Federal agency generally                                                                          (b) End of Week Expirations, [and] End of
                                                                                                     3-Chloropropane (DBCP) Standard.
                                             cannot conduct or sponsor a collection                                                                        Month Expirations, and Wednesday
                                             of information, and the public is                         OMB Control Number: 1218–0101.
                                                                                                                                                           Expirations (as provided for in Rule 24.9(e),
                                             generally not required to respond to an                   Affected Public: Private Sector—                    QIXs, Q–CAPS, Packaged Vertical Spreads
                                             information collection, unless it is                    businesses or other for-profits.                      and Packaged Butterfly Spreads on a broad-
                                             approved by the OMB under the PRA                         Total Estimated Number of                           based index shall be aggregated with option
                                             and displays a currently valid OMB                      Respondents: 1.                                       contracts on the same broad-based index and
                                             Control Number. In addition,                              Total Estimated Number of                           shall be subject to the overall position limit.
                                             notwithstanding any other provisions of                 Responses: 1.                                         *          *       *      *    *
                                             law, no person shall generally be subject                 Total Estimated Annual Time Burden:                 Rule 24.9. Terms of Index Option Contracts
                                             to penalty for failing to comply with a                 1 hour.
                                                                                                                                                             (a)–(d) No change.
                                             collection of information that does not                   Total Estimated Annual Other Costs                    (e) Nonstandard Expirations Pilot Program
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                                             display a valid Control Number. See 5                   Burden: $0.                                           [End of Week/End of Month Expirations Pilot
                                             CFR 1320.5(a) and 1320.6. The DOL                                                                             Program (‘‘EOW/EOM Pilot Program’’)]
                                                                                                       Dated: November 27, 2015.
                                             obtains OMB approval for this                                                                                   (1) End of Week (‘‘EOW’’) Expirations. The
                                             information collection under Control                    Michel Smyth,
                                                                                                                                                           Exchange may open for trading EOWs on any
                                             Number 1218–0101.                                       Departmental Clearance Officer.
                                               OMB authorization for an ICR cannot                   [FR Doc. 2015–30575 Filed 12–2–15; 8:45 am]               1 15   U.S.C. 78s(b)(1).
                                             be for more than three (3) years without                BILLING CODE 4510–26–P                                    2 17   CFR 240.19b–4.



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                                             75696                      Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices

                                             broad-based index eligible for standard                 and WEDs in a given class, the Exchange will             The purpose of this filing is to expand
                                             options trading to expire on any Friday of the          list an EOM instead of a WED in the given             the Pilot to permit P.M.-settled options
                                             month, other than the third Friday-of-the-              class. Other expirations in the same class are        on broad-based indexes to expire on any
                                             month. EOWs shall be subject to all                     not counted as part of the maximum                    Wednesday of the month (‘‘WEDs’’),
                                             provisions of this Rule and treated the same            numbers of WED expirations for a broad-
                                             as options on the same underlying index that            based index class.
                                                                                                                                                           other than Wednesdays that are EOM.
                                             expire on the third Friday of the expiration               [(3)] (4) Duration of Nonstandard                  To expand the Pilot as described, the
                                             month; provided, however, that EOWs shall               Expirations Pilot Program [EOW/EOM Pilot              Exchange is proposing to amend Rule
                                             be P.M.-settled.                                        Program]. The Nonstandard Expirations Pilot           24.9(e)(3) to expressly provide the
                                                The maximum numbers of expirations that              Program [EOW/EOM Pilot Program] shall be              Exchange with the ability to list P.M.-
                                             may be listed for EOWs is the same as the               through May 3, [2016] 2017.                           settled WEDs on broad-based indexes
                                             maximum numbers of expirations permitted                   [(4)] (5) EOW/EOM/WED Trading Hours on             eligible for options trading. In order to
                                             in Rule 24.9(a)(2) for standard options on the          the Last Trading Day. On the last trading day,        allow data regarding WEDs to be
                                             same broad-based index. Other than                      transactions in expiring EOWs, [and] EOMs,            collected, this proposal seeks to extend
                                             expirations that are third Friday-of-the-               and WEDs may be effected on the Exchange
                                             month or that coincide with an EOM                                                                            the duration of the Pilot to May 3,
                                                                                                     between the hours of 8:30 a.m. (Chicago time)
                                             expiration, EOW expirations shall be for [the           and 3:00 p.m. (Chicago time).
                                                                                                                                                           2017.4 Additionally, if the Exchange
                                             nearest] consecutive Friday expirations.                                                                      were to propose an extension of the
                                             [from the actual listing date, other than the              The text of the proposed rule change               Pilot or should the Exchange propose to
                                             third Friday-of-the-month or that coincide              is also available on the Exchange’s Web               make the Pilot permanent, then the
                                             with an EOM expiration]. EOWs that are first            site (http://www.cboe.com/AboutCBOE/                  Exchange would submit a filing
                                             listed in a given class may expire up to four           CBOELegalRegulatoryHome.aspx), at                     proposing such amendments to the
                                             weeks from the actual listing date. If the last         the Exchange’s Office of the Secretary,               Pilot. Furthermore, any positions
                                             trading day of a month is a Friday and the
                                                                                                     and at the Commission’s Public                        established under the Pilot would not be
                                             Exchange lists EOMs and EOWs in a given
                                             class, the Exchange will list an EOM instead            Reference Room.                                       impacted by the expiration of the Pilot.
                                             of [and not] an EOW in the given class. Other                                                                 For example, if the Exchange lists an
                                                                                                     II. Self-Regulatory Organization’s                    EOW, EOM, or WED expiration that
                                             expirations in the same class are not counted           Statement of the Purpose of, and
                                             as part of the maximum numbers of EOW                                                                         expires after the Pilot expires (and is not
                                             expirations for a broad-based index class.
                                                                                                     Statutory Basis for, the Proposed Rule                extended) then those positions would
                                                (2) End of Month (‘‘EOM’’) Expirations.              Change                                                continue to exist. However, any further
                                             The Exchange may open for trading EOMs on                 In its filing with the Commission, the              trading in those series would be
                                             any broad-based index eligible for standard                                                                   restricted to transactions where at least
                                                                                                     Exchange included statements
                                             options trading to expire on last trading day
                                                                                                     concerning the purpose of and basis for               one side of the trade is a closing
                                             of the month. EOMs shall be subject to all
                                             provisions of this Rule and treated the same            the proposed rule change and discussed                transaction.
                                             as options on the same underlying index that            any comments it received on the                       Wednesday Expiration
                                             expire on [on] the third Friday of the                  proposed rule change. The text of these
                                             expiration month; provided, however, that               statements may be examined at the                       With respect to Wednesday
                                             EOMs shall be P.M.-settled.                             places specified in Item IV below. The                expirations, the Exchange proposes to
                                                The maximum numbers of expirations that              Exchange has prepared summaries, set                  amend Rule 24.9(e)(3) by adding the
                                             may be listed for EOMs is the same as the               forth in sections A, B, and C below, of               following rule text
                                             maximum numbers of expirations permitted
                                                                                                     the most significant aspects of such                     Wednesday (‘‘WED’’) Expirations. The
                                             in Rule 24.9(a)(2) for standard options on the                                                                Exchange may open for trading WEDs on any
                                             same broad-based index. EOM expirations                 statements.
                                                                                                                                                           broad-based index eligible for standard
                                             shall be for [the nearest] consecutive end of           A. Self-Regulatory Organization’s                     options trading to expire on any Wednesday
                                             month expirations [from the actual listing              Statement of the Purpose of, and                      of the month, other than a Wednesday that
                                             date]. EOMs that are first listed in a given                                                                  is EOM. WEDs shall be subject to all
                                                                                                     Statutory Basis for, the Proposed Rule
                                             class may expire up to four weeks from the                                                                    provisions of this Rule and treated the same
                                             actual listing date. Other expirations in the           Change
                                                                                                                                                           as options on the same underlying index that
                                             same class are not counted as part of the               1. Purpose                                            expire on the third Friday of the expiration
                                             maximum numbers of EOM expirations for a                                                                      month; provided, however, that WEDs shall
                                             broad-based index class.                                   On September 14, 2010, the                         be P.M.-settled.
                                                (3) Wednesday (‘‘WED’’) Expirations. The             Commission approved a CBOE proposal
                                             Exchange may open for trading WEDs on any                                                                        WEDs will be subject to the same
                                                                                                     to establish a pilot program under
                                             broad-based index eligible for standard                                                                       rules that currently govern the trading of
                                                                                                     which the Exchange is permitted to list
                                             options trading to expire on any Wednesday                                                                    traditional index options, including
                                                                                                     P.M.-settled options on broad-based
                                             of the month, other than a Wednesday that                                                                     sales practice rules, margin
                                             is EOM. WEDs shall be subject to all                    indexes to expire on (a) any Friday of
                                                                                                                                                           requirements, and floor trading
                                             provisions of this Rule and treated the same            the month, other than the third Friday-
                                                                                                                                                           procedures. Contract terms for WEDs
                                             as options on the same underlying index that            of-the-month (‘‘EOWs’’), and (b) the last
                                                                                                                                                           will be similar to EOWs.
                                             expire on the third Friday of the expiration            trading day of the month (‘‘EOM’’).3
                                             month; provided, however, that WEDs shall               Under the terms of the End of Week/End                Maximum Number of Expirations
                                             be P.M.-settled.                                        of Month Expirations Pilot Program (the                 With respect to the maximum number
                                                The maximum numbers of expirations that              ‘‘Pilot’’), EOWs and EOMs are permitted
                                             may be listed for WEDs is the same as the                                                                     of expirations, the Exchange proposes to
                                                                                                     on any broad-based index that is eligible             amend Rule 24.9(e)(3) by adding the
                                             maximum numbers of expirations permitted
                                                                                                     for regular options trading. EOWs and                 following rule text:
                                             in Rule 24.9(a)(2) for standard options on the
                                                                                                     EOMs are cash-settled expirations with
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                                             same broad-based index. Other than                                                                             The maximum numbers of expirations that
                                             expirations that coincide with an EOM                   European-style exercise, and are subject
                                                                                                                                                           may be listed for WEDs is the same as the
                                             expiration, WED expirations shall be for                to the same rules that govern the trading             maximum numbers of expirations permitted
                                             consecutive Wednesday expirations. WEDs                 of standard index options.
                                             that are first listed in a given class may                                                                      4 See Securities Exchange Act Release No. 73422
                                             expire up to four weeks from the actual                   3 See Securities Exchange Act Release No. 62911     (October 24, 2014), 79 FR 64640 (October 30, 2014)
                                             listing date. If the last trading day of a month        (September 14, 2010), 75 FR 57539 (September 21,      (SR–CBOE–2014–079). The Pilot is currently set to
                                             is a Wednesday and the Exchange lists EOMs              2010) (order approving SR–CBOE–2009–075).             expire on May 3, 2016.



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                                                                        Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices                                                     75697

                                             in Rule 24.9(a)(2) for standard options on the          the first WEDs need not be Wednesday,                 proposes that WEDs on the same broad-
                                             same broad-based index. Other than                      November 4th; rather, the first                       based index (e.g., of the same class)
                                             expirations that coincide with an EOM                   expiration could be November 11th or a                shall be aggregated for position limits (if
                                             expiration, WED expirations shall be for
                                                                                                     Wednesday thereafter. A similar                       any) and any applicable reporting and
                                             consecutive Wednesday expirations. WEDs
                                             that are first listed in a given class may              provision will apply to EOWs and                      other requirements.10 The Exchange is
                                             expire up to four weeks from the actual                 EOMs.                                                 proposing to add ‘‘WEDs’’ to Rule
                                             listing date. If the last trading day of a month           CBOE also proposes to follow the                   24.4(b) to reflect the aggregation
                                             is a Wednesday and the Exchange lists EOMs              listing hierarchy described in the                    requirement. This proposed aggregation
                                             and WEDs in a given class, the Exchange will            original Pilot filing, which provides that            is consistent with the aggregation
                                             list an EOM instead of a WED in the given               if the last trading day of the month is               requirements for other types of option
                                             class. Other expirations in the same class are                                                                series (e.g., EOWs, EOMs, QOS, QIXs)
                                                                                                     a Friday, the Exchange will list an EOM
                                             not counted as part of the maximum numbers
                                                                                                     instead of an EOW.7 Thus, with regards                that are listed on the Exchange and
                                             of WED expirations for a broad-based index
                                             class.                                                  to WEDs, if the last trading day of a                 which do not expire on the customary
                                                                                                     month is a Wednesday, the Exchange                    ‘‘third Saturday. ’’ 11
                                                In support of this change, CBOE states
                                                                                                     would list an EOM and not a WED.                      Retitle the EOW/EOM Pilot Program
                                             that under Rule 24.9(a)(2), the
                                                                                                     However, the Exchange is clarifying in
                                             maximum numbers [sic] of expirations                                                                            As part of adding WED expirations to
                                                                                                     Rules 24.9(e)(1) for EOWs and 24.9(e)(3)
                                             varies depending on the type of class or                                                                      the existing EOW/EOM Pilot Program,
                                                                                                     for WEDs that the hierarchy of EOMs
                                             by specific class. Therefore, the                                                                             the Exchange believes it is necessary to
                                                                                                     over EOWs and WEDs only arises when
                                             maximum number of expirations                                                                                 retitle paragraph (e) of Rule 24.9. Thus,
                                                                                                     the Exchange lists EOMs and EOWs or
                                             permitted for WEDs on a given class                                                                           the Exchange proposes to retitle the
                                                                                                     WEDs in a particular options class. In
                                             would be determined based on the                                                                              Pilot as the ‘‘Nonstandard Expirations
                                                                                                     other words, if the last trading day of a
                                             specific broad-based index option class.                                                                      Pilot Program.’’
                                                                                                     month is a Wednesday and the
                                             For example, if the broad-based index
                                             option class is used to calculate a                     Exchange does not list EOMs in class                  Annual Pilot Program Report
                                             volatility index, the maximum number                    ABC but does list WEDs in ABC, then                      As part of the Pilot, the Exchange
                                             of WEDs permitted in that class would                   the Exchange may list a WED expiration                currently submits a Pilot report to the
                                             be 12 expirations (as is permitted in                   for the last trading day of the month in              Securities and Exchange Commission
                                             Rule 24.9(a)(2)).                                       class ABC. The same goes for EOWs. If                 (‘‘Commission’’) at least two months
                                                For WEDs, CBOE proposes that other                   the last trading day of a month is a                  prior to the expiration date of the Pilot
                                             than expirations that coincide with an                  Friday and the Exchange does not list                 (the ‘‘annual report’’) . The annual
                                             EOM expiration, WED expirations shall                   EOMs in a particular options class but                report contains an analysis of volume,
                                             be for consecutive Wednesday                            lists EOWs in the class, then the                     open interest and trading patterns. In
                                             expirations.5 However, the Exchange is                  Exchange may list EOWs for the last                   addition, for series that exceed certain
                                             also proposing that WEDs that are first                 trading day of the month in that                      minimum open interest parameters, the
                                             listed in a given class may expire up to                particular options class.                             annual report provides analysis of index
                                             four weeks from the actual listing date.6                  Finally, CBOE proposes to add that                 price volatility and, if needed, share
                                             It is generally the Exchange’s practice to              other expirations in the same class                   trading activity. The annual report will
                                             list new expirations in a class in a                    would not be counted as part of the                   be expanded to provide the same data
                                             manner that allows market participants                  maximum numbers of WED expirations                    and analysis related to WED expirations
                                             to trade a particular product for longer                for a broad-based index class. CBOE                   as is currently provided for EOW and
                                             than a week. Even weekly products such                  states that this provision is modeled                 EOM expirations.
                                             as EOWs and WEDs are not designed to                    after the maximum number of                              The Pilot is currently set to expire on
                                             have a life cycle—from listing to                       expirations applicable to EOW and EOM                 May 3, 2016. As the annual report is
                                             expiration—of one week; instead, they                   options.8 This provision is also similar              provided at least two months prior the
                                             are simply designed to expire weekly.                   to one recently adopted in connection                 expiration date of the Pilot, there would
                                             Thus, consistent with the Exchange’s                    with weekly CBOE Volatility Index                     not be significant data concerning WED
                                             listing practices, this rule change will                (‘‘VIX’’) expirations, in that standard               expirations in the next annual report,
                                             explicitly allow the Exchange to launch                 VIX expirations are not counted toward                which is due in approximately February
                                             WEDs in an options class that do not                    the maximum number of expirations                     2016. Thus, the Exchange is seeking to
                                             expire on the following Wednesday                       permitted for weekly expiration in VIX                extend the pilot to May 3, 2017. The
                                             from the actual listing date. For                       options.9                                             Exchange will still provide an annual
                                             example, upon approval of this rule                        CBOE has analyzed its capacity and                 report in approximately February 2016
                                             change, if the actual listing date of the               represents that it believes the Exchange              that covers EOWs, EOMs, and WEDs.
                                             first WEDs in a class is Monday,                        and the Options Price Reporting
                                             November 2nd, the expiration date of                    Authority (‘‘OPRA’’) have the necessary                  10 See e.g., Rule 4.13, Reports Related to Position
                                                                                                     systems capacity to handle any                        Limits and Interpretation and Policy .03 to Rule
                                               5 This proposal also provides that for EOWs, other    additional traffic associated with the                24.4 which sets forth the reporting requirements for
                                             than expirations that are third Friday-of-the-month     listing of the maximum number of WED                  certain broad-based indexes that do not have
                                             or that coincide with an EOM expiration, EOW                                                                  position limits.
                                             expirations shall be for consecutive Friday
                                                                                                     expirations permitted under the Pilot.                   11 As will be discussed in detail below, the

                                             expirations.                                            Position Limits                                       Exchange trades structured quarterly and short term
                                               6 The purpose of these provisions is to prevent                                                             options. FLEX Options do not become fungible with
                                                                                                       Since WEDs will be a new type of
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                                             gaps in expirations. For example, the provision                                                               subsequently introduced Non-FLEX structured
                                             prevents the Exchange from listing a WED                series and not a new class, the Exchange              quarterly and short term options. See Securities
                                             expiration to expire on Wednesday, October 14th,                                                              Exchange Act Release No. 59675 (April 1, 2009), 74
                                             then not listing a WED expiration to expire on                                                                FR 15794 (April 7, 2009) (SR–OCC–2009–05).
                                                                                                       7 See Securities Exchange Act Release No. 62658
                                             October 21st, and then listing a WED expiration to                                                            Because of the similarities between WED
                                             expire on October 28th. The provision is not meant      (August 5, 2010), 75 FR 49010 (SR–CBOE–2009–          expirations and existing structured quarterly and
                                             to prevent the Exchange from launching a new            075).                                                 short term options, FLEX Options will similarly not
                                                                                                       8 See Rule 24.9(e)(1) and (2).
                                             product and having the initial expiration dates be                                                            become fungible with WED expirations listed for
                                             weeks from the initial launch.                            9 See fourth bullet under Rule 24.9(a)(2).          trading.



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                                             75698                      Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices

                                             All annual reports will continue to be                  following analysis related to index price             market disruptions resulting from the
                                             provided to the Commission on a                         changes and, if needed, underlying                    P.M.-settlement feature of these options.
                                             confidential basis.                                     share trading volume at the close on                  The Exchange does not believe that any
                                                                                                     expiration dates:                                     market disruptions will be encountered
                                             Analysis of Volume and Open Interest                      (1) A comparison of index price                     with the introduction of P.M.-settlement
                                               For EOW, EOM, and WED series, the                     changes at the close of trading on a                  WED expirations.
                                             annual report will contain the following                given expiration date with comparable                   The Exchange trades P.M.-settled
                                             volume and open interest data for each                  price changes from a control sample.                  EOW expirations, which provide market
                                             broad-based index overlying EOW,                        The data will include a calculation of                participants a tool to hedge special
                                             EOM, and WED options:                                   percentage price changes for various                  events and to reduce the premium cost
                                               (1) Monthly volume aggregated for all                 time intervals and compare that                       of buying protection. The Exchange
                                             EOW, EOM, and WED series,                               information to the respective control                 seeks to introduce P.M.-settled WED
                                               (2) Volume in EOW, EOM, and WED                       sample. Raw percentage price change                   expirations to, among other things,
                                             series aggregated by expiration date,                   data as well as percentage price change               expand hedging tools available to
                                               (3) Month-end open interest                           data normalized for prevailing market                 market participants and to continue the
                                             aggregated for all EOW, EOM, and WED                    volatility, as measured by the CBOE                   reduction of premium cost of buying
                                             series,                                                 Volatility Index (‘‘VIX’’), will be                   protection. The Exchange believes that a
                                               (4) Month-end open interest for EOM                   provided; and                                         WED expiration, similar to EOW
                                             series aggregated by expiration date,                     (2) if needed, a calculation of share               expirations, would allow market
                                             week-ending open interest for EOW                       volume for a sample set of the                        participants to purchase an option based
                                             series aggregated by expiration date, and               component securities representing an                  on their needed timing and allow them
                                             Wednesday-ending open interest for                      upper limit on share trading that could               to tailor their investment or hedging
                                             WED series aggregated by expiration                     be attributable to expiring in-the-money              needs more effectively. With SPX WEDs
                                             date,                                                   EOW, EOM, and WED expirations. The                    in particular, the Exchange believes VIX
                                               (5) Ratio of monthly aggregate volume                 data, if needed, will include a                       options and futures traders will be able
                                             in EOW, EOM, and WED series to total                    comparison of the calculated share                    to use SPX WEDs to more effectively
                                             monthly class volume, and                               volume for securities in the sample set               manage the pricing complexity and risk
                                               (6) Ratio of month-end open interest                  to the average daily trading volumes of               of VIX options and futures. In addition,
                                             in EOM series to total month-end class                  those securities over a sample period.                because P.M.-settlement permits trading
                                             open interest, ratio of week-ending open                  The minimum open interest                           throughout the day on the day the
                                             interest in EOW series to total week-                   parameters, control sample, time                      contract expires, the Exchange believes
                                             ending open interest, and ratio of                      intervals, method for selecting the                   this feature will permit market
                                             Wednesday-ending open interest in                       component securities, and sample                      participants to more effectively manage
                                             WED series to total week-ending open                    periods will be determined by the                     overnight risk and trade out of their
                                             interest.                                               Exchange and the Commission.                          positions up until the time the contract
                                               Upon request by the SEC, CBOE will                                                                          settles.
                                             provide a data file containing: (1) EOW,                Discussion
                                             EOM, and WED option volume data                            In support of this proposal, the                   2. Statutory Basis
                                             aggregated by series, and (2) EOW week-                 Exchange states that it trades other types               The Exchange believes the proposed
                                             ending open interest for expiring series,               of series and FLEX Options 12 that                    rule change is consistent with the
                                             EOM month-end open interest for                         expire on different days than regular                 Securities Exchange Act of 1934 (the
                                             expiring series, and WED Wednesday-                     options and in some cases have P.M.-                  ‘‘Act’’) and the rules and regulations
                                             ending open interest for expiring series.               settlement. For example, since 1993 the               thereunder applicable to the Exchange
                                                                                                     Exchange has traded Quarterly Index                   and, in particular, the requirements of
                                             Monthly Analysis of EOW & EOM &                         Expirations (‘‘QIXs’’) that are cash-                 Section 6(b) of the Act.15 Specifically,
                                             WED Trading Patterns                                    settled options on certain broad-based                the Exchange believes the proposed rule
                                               In the annual report, CBOE also                       indexes which expire on the first                     change is consistent with the Section
                                             proposes to identify EOW, EOM, and                      business day of the month following the               6(b)(5) 16 requirements that the rules of
                                             WED trading patterns by undertaking a                   end of a calendar quarter and are P.M.-               an exchange be designed to prevent
                                             time series analysis of open interest in                settled.13 The Exchange also trades                   fraudulent and manipulative acts and
                                             EOW, EOM, and WED series aggregated                     Quarterly Option Series (‘‘QOS’’) that                practices, to promote just and equitable
                                             by expiration date compared to open                     overlie exchange traded funds (‘‘ETFs’’)              principles of trade, to foster cooperation
                                             interest in near-term standard                          or indexes which expire at the close of               and coordination with persons engaged
                                             Expiration Friday A.M.-settled series in                business on the last business day of a                in regulating, clearing, settling,
                                             order to determine whether users are                    calendar quarter and are P.M.-settled.14              processing information with respect to,
                                             shifting positions from standard series                 Additionally, as described above, this                and facilitating transactions in
                                             to EOW, EOM, and WED series.                            Pilot currently allows the Exchange to                securities, to remove impediments to
                                             Declining open interest in standard                     trade EOW and EOM options that are                    and perfect the mechanism of a free and
                                             series accompanied by rising open                       P.M.-settled. The Exchange has                        open market and a national market
                                             interest in EOW, EOM, and WED series                    experience with these special dated                   system, and, in general, to protect
                                             would suggest that users are shifting                   options and has not observed any                      investors and the public interest.
                                             positions.                                                                                                    Additionally, the Exchange believes the
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                                             Provisional Analysis of Index Price
                                                                                                        12 See Securities Exchange Act Release No. 61439
                                                                                                                                                           proposed rule change is consistent with
                                                                                                     (January 28, 2010), 75 FR 5831 (February 4, 2010)     the Section 6(b)(5) 17 requirement that
                                             Volatility and Share Trading Activity                   (SR–CBOE–2009–087) (order approving rule change
                                                                                                     to establish a pilot program to modify FLEX option    the rules of an exchange not be designed
                                               For each EOW, EOM, and WED                            exercise settlement values and minimum value
                                             Expiration that has open interest that                  sizes).                                                 15 15    U.S.C. 78f(b).
                                             exceeds certain minimum thresholds,                        13 See Rule 24.9(c).                                 16 15    U.S.C. 78f(b)(5).
                                             the annual report will contain the                         14 See Rules 5.5(e) and 24.9(a)(2)(B).               17 Id.




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                                                                        Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices                                                 75699

                                             to permit unfair discrimination between                   B. institute proceedings to determine                 For the Commission, by the Division of
                                             customers, issuers, brokers, or dealers.                whether the proposed rule change                      Trading and Markets, pursuant to delegated
                                                                                                     should be disapproved.                                authority.18
                                                In particular, the Exchange believes
                                             the EOW/EOM Pilot has been successful                                                                         Robert W. Errett,
                                                                                                     IV. Solicitation of Comments                          Deputy Secretary.
                                             to date and that WEDs simply expand
                                             the ability of investors to hedge risks                                                                       [FR Doc. 2015–30608 Filed 12–2–15; 8:45 am]
                                                                                                       Interested persons are invited to
                                             against market movements stemming                       submit written data, views, and                       BILLING CODE 8011–01–P
                                             from economic releases or market events                 arguments concerning the foregoing,
                                             that occur throughout the month in the                  including whether the proposed rule
                                             same way that EOWs and EOMs have                        change is consistent with the Act.                    DEPARTMENT OF STATE
                                             expanded the landscape of hedging.                      Comments may be submitted by any of                   [Public Notice: 9367]
                                             Similarly, the Exchange believes WEDs                   the following methods:
                                             should create greater trading and                                                                             Overseas Schools Advisory Council
                                             hedging opportunities and flexibility,                  Electronic Comments                                   Notice of Meeting
                                             and provide customers with the ability
                                             to more closely tailor their investment                   • Use the Commission’s Internet                        The Overseas Schools Advisory
                                             objectives.                                             comment form (http://www.sec.gov/                     Council, Department of State, will hold
                                                                                                     rules/sro.shtml); or                                  its Executive Committee Meeting on
                                             B. Self-Regulatory Organization’s                                                                             Thursday, January 21, 2016, at 9:30 a.m.
                                             Statement on Burden on Competition                        • Send an email to rule-comments@
                                                                                                                                                           in conference room 1498, Marshall
                                                                                                     sec.gov. Please include File Number SR–
                                               CBOE does not believe that the                                                                              Center, Department of State Building,
                                                                                                     CBOE–2015–106 on the subject line.
                                             proposed rule change will impose any                                                                          2201 C Street NW., Washington, DC.
                                             burden on competition that is not                       Paper Comments                                        The meeting is open to the public and
                                             necessary or appropriate in furtherance                                                                       will last until approximately 12:00 p.m.
                                                                                                       • Send paper comments in triplicate                    The Overseas Schools Advisory
                                             of the purposes of the Act. Specifically,
                                                                                                     to Brent J. Fields, Secretary, Securities             Council works closely with the U.S.
                                             the Exchange does not believe the
                                                                                                     and Exchange Commission, 100 F Street                 business community to improve
                                             proposal will impose any burden on
                                                                                                     NE., Washington, DC 20549–1090.                       American-sponsored schools overseas
                                             intramarket competition as all market
                                                                                                                                                           that are assisted by the Department of
                                             participants will be treated in the same                All submissions should refer to File                  State and attended by dependents of
                                             manner as existing EOWs and EOMs.                       Number SR–CBOE–2015–106. This file                    U.S. government employees, and
                                             Additionally, the Exchange does not                     number should be included on the                      children of employees of U.S.
                                             believe the proposal will impose any                    subject line if email is used. To help the            corporations and foundations abroad.
                                             burden on intermarket competition as                    Commission process and review your                       This meeting will deal with issues
                                             market participants on other exchanges                  comments more efficiently, please use                 related to the work and support
                                             are welcome to become Trading Permit                    only one method. The Commission will                  provided by the Overseas Schools
                                             Holders and trade at CBOE if they                       post all comments on the Commission’s                 Advisory Council to the American-
                                             determine that this proposed rule                       Internet Web site (http://www.sec.gov/                sponsored overseas schools. There will
                                             change has made CBOE more attractive                    rules/sro.shtml). Copies of the                       be a report and discussion about the
                                             or favorable. Finally, although the                     submission, all subsequent                            status of the Council-sponsored projects
                                             majority of the Exchange’s broad-based                  amendments, all written statements                    such as The World Virtual School and
                                             index options are exclusively-listed at                 with respect to the proposed rule                     The Child Protection Project. The
                                             CBOE, all options exchanges are free to                 change that are filed with the                        Regional Education Officers in the
                                             compete by listing and trading their                    Commission, and all written                           Office of Overseas Schools will make
                                             own broad-based index options that                      communications relating to the                        presentations on the activities and
                                             expire on Wednesdays.                                                                                         initiatives in the American-sponsored
                                                                                                     proposed rule change between the
                                             C. Self-Regulatory Organization’s                       Commission and any person, other than                 overseas schools.
                                             Statement on Comments on the                            those that may be withheld from the                      Members of the public may attend the
                                             Proposed Rule Change Received From                      public in accordance with the                         meeting and join in the discussion,
                                             Members, Participants, or Others                        provisions of 5 U.S.C. 552, will be                   subject to the instructions of the Chair.
                                                                                                     available for Web site viewing and                    Admittance of public members will be
                                               The Exchange neither solicited nor                                                                          limited to the seating available. Access
                                             received comments on the proposed                       printing in the Commission’s Public
                                                                                                     Reference Room, 100 F Street NE.,                     to the State Department is controlled,
                                             rule change.                                                                                                  and individual building passes are
                                                                                                     Washington, DC 20549 on official
                                             III. Date of Effectiveness of the                       business days between the hours of                    required for all attendees. Persons who
                                             Proposed Rule Change and Timing for                     10:00 a.m. and 3:00 p.m. Copies of the                plan to attend should advise the office
                                             Commission Action                                       filing also will be available for                     of Dr. Keith D. Miller, Department of
                                                                                                                                                           State, Office of Overseas Schools,
                                               Within 45 days of the date of                         inspection and copying at the principal
                                                                                                                                                           telephone 202–261–8200, prior to
                                             publication of this notice in the Federal               office of the Exchange. All comments
                                                                                                                                                           January 14, 2016. Each visitor will be
                                             Registeror within such longer period up                 received will be posted without change;
                                                                                                                                                           asked to provide his/her date of birth
                                             to 90 days (i) as the Commission may                    the Commission does not edit personal
                                                                                                                                                           and either a driver’s license or passport
                                                                                                     identifying information from
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                                             designate if it finds such longer period                                                                      number at the time of registration and
                                             to be appropriate and publishes its                     submissions. You should submit only                   attendance, and must carry a valid
                                             reasons for so finding or (ii) as to which              information that you wish to make                     photo ID to the meeting.
                                             the Exchange consents, the Commission                   available publicly. All submissions                      Personal data is requested pursuant to
                                             will:                                                   should refer to File Number SR–CBOE–                  Public Law 99–399 (Omnibus
                                               A. By order approve or disapprove                     2015–106 and should be submitted on
                                             such proposed rule change, or                           or before December 24, 2015.                            18 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-14 13:51:59
Document Modified: 2015-12-14 13:51:59
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 75695 

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