80_FR_77299 80 FR 77061 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 6.54

80 FR 77061 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 6.54

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 238 (December 11, 2015)

Page Range77061-77063
FR Document2015-31177

Federal Register, Volume 80 Issue 238 (Friday, December 11, 2015)
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 77061-77063]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31177]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76566; File No. SR-CBOE-2015-108]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Rule 6.54

December 7, 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 23, 2015, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I and II below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to extend its program that allows 
transactions to take place at a price that is below $1 per option 
contract through January 5, 2017. The text of the proposed rule change 
is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    An ``accommodation'' or ``cabinet'' trade refers to trades in 
listed options on the Exchange that are worthless or not actively 
traded. Cabinet trading is generally conducted in accordance with the 
Exchange Rules, except as provided in Exchange Rule 6.54, Accommodation 
Liquidations (Cabinet Trades), which sets forth specific procedures for 
engaging in cabinet trades. Rule 6.54 currently provides for cabinet 
transactions to occur via open outcry at a cabinet price of $1 per 
option contract in any options series open for trading in the Exchange, 
except that the Rule is not applicable to trading in option classes 
participating in the Penny Pilot Program. Under the procedures, bids 
and offers (whether opening or closing a position) at a price of $1 per 
option contract may be represented in the trading crowd by a Floor 
Broker or by a Market-Maker or provided in response to a request by a 
PAR Official/OBO, a Floor Broker or a Market-Maker, but must yield 
priority to all resting orders in the PAR Official/OBO cabinet book 
(which resting cabinet book orders may be closing only). So long as 
both the buyer and the seller yield to orders resting in the cabinet 
book, opening cabinet bids can trade with opening cabinet offers at $1 
per option contract.
    The Exchange has temporarily amended the procedures through January 
5, 2015 [sic] to allow transactions to take place in open outcry at a 
price of at least $0 but less than $1 per option contract.\3\ These 
lower priced transactions are traded pursuant to the same procedures 
applicable to $1 cabinet trades, except that (i) bids and offers for 
opening transactions are only permitted to accommodate closing 
transactions in order to limit use of the procedure to liquidations of 
existing positions, and (ii) the procedures are also available for 
trading in option classes participating in the Penny Pilot Program.\4\ 
The Exchange believes that allowing a price of at least $0 but less 
than $1 better accommodates the closing of options positions in series 
that are worthless or not actively traded, particularly due to market 
conditions which may result in a significant number of series being 
out-of-the-money. For example, a market participant might have a long 
position in a call series with a strike price of $100 and the 
underlying stock might now be trading at $30. In such an instance, 
there might not otherwise be a market for that person to close-out the 
position even at the $1 cabinet price

[[Page 77062]]

(e.g., the series might be quoted no bid).\5\
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    \3\ See Securities Exchange Act Release Nos. 59188 (December 30, 
2008), 74 FR 480 (January 6, 2009) (SR-CBOE-2008-133) (adopting the 
amended procedures on a temporary basis through January 30, 2009), 
59331 (January 30, 2009), 74 FR 6333 (February 6, 2009) (extending 
the amended procedures on a temporary basis through May 29, 2009), 
60020 (June 1, 2009), 74 FR 27220 (June 8, 2009) (SR-CBOE-2009-034) 
(extending the amended procedures on a temporary basis through June 
1, 2010), 62192 (May 28, 2010), 75 FR 31828 (June 4, 2010) (SR-CBOE-
2010-052) (extending the amended procedures on a temporary basis 
through June 1, 2011); 64403 (May 4, 2011), 76 FR 27110 (May 10, 
2011) (SR-CBOE-2011-048) (extending the amended procedures on a 
temporary basis through December 30, 2011); 65872 (December 2, 
2011), 76 FR 76788 (December 8, 2011) (SR-CBOE-2011-113) (extending 
the amended procedures on a temporary basis through June 29, 2012) 
67144 (June 6, 2012), 77 FR 35095 (June 12, 2012) (SR-CBOE-2012-053) 
(extending the amended procedures on a temporary basis through June 
28, 2013), and 69854 (June 25, 2013), 78 FR 39424 (July 1, 2013) 
(SR-CBOE-2013-063); 69893 (June 28, 2013), 78 FR 40539 (July 5, 
2013) (both extending the amended procedures on a temporary basis 
through January 5, 2014) and 71090 (December 17, 2013), 78 FR 77532 
(December 23, 2013) (SR-CBOE-2013-118) (extending the amended 
procedures on a temporary basis through January 5, 2015), and 73974 
(December 31, 2014), 80 FR 911 (January 7, 2015) (SR-CBOE-2014-093) 
(extending the amended procedures on a temporary basis through 
January 5, 2016).
    \4\ Currently the $1 cabinet trading procedures are limited to 
options classes traded in $0.05 or $0.10 standard increment. The $1 
cabinet trading procedures are not available in Penny Pilot Program 
classes because in those classes an option series can trade in a 
standard increment as low as $0.01 per share (or $1.00 per option 
contract with a 100 share multiplier). Because the temporary 
procedures allow trading below $0.01 per share (or $1.00 per option 
contract with a 100 share multiplier), the procedures are available 
for all classes, including those classes participating in the Penny 
Pilot Program.
    \5\ As with other accommodation liquidations under Rule 6.54, 
transactions that occur for less than $1 are not be disseminated to 
the public on the consolidated tape. In addition, as with other 
accommodation liquidations under Rule 6.54, the transactions are 
exempt from the Consolidated Options Audit Trail (``COATS'') 
requirements of Exchange Rule 6.24, Required Order Information. 
However, the Exchange maintains quotation, order and transaction 
information for the transactions in the same format as the COATS 
data is maintained. In this regard, all transactions for less than 
$1 must be reported to the Exchange following the close of each 
business day. The rule also provides that transactions for less than 
$1 will be reported for clearing utilizing forms, formats and 
procedures established by the Exchange from time to time. In this 
regard, the Exchange initially intends to have clearing firms 
directly report the transactions to The Options Clearing Corporation 
(``OCC'') using OCC's position adjustment/transfer procedures. This 
manner of reporting transactions for clearing is similar to the 
procedure that CBOE currently employs for on-floor position transfer 
packages executed pursuant to Exchange Rule 6.49A, Transfer of 
Positions.
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    The purpose of the instant rule change is to extend the operation 
of these temporary procedures through January 5, 2017, so that the 
procedures can continue without interruption while CBOE considers 
whether to seek permanent approval of the temporary procedures.
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.\6\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \7\ 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) \8\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
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    In particular, the Exchange believes that allowing for liquidations 
at a price less than $1 per option contract better facilitates the 
closing of options positions that are worthless or not actively 
trading. Further, the Exchange believes the proposal is consistent with 
the Act because the proposed extension is of appropriate length to 
allow the Exchange and the Commission to continue to assess the impact 
of the Exchange's authority to allow transactions to take place in open 
outcry at a price of at least $0 but less than $1 per option in 
accordance with its attendant obligations and conditions, including the 
process for submitting such transactions to OCC for clearing.

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. The Exchange believes that 
allowing for liquidations at a price less than $1 per option contract 
better facilitates the closing of options positions that are worthless 
or not actively trading. The Exchange believes this promotes fair and 
orderly markets, as well as assists the Exchange in its ability to 
effectively attract order flow and liquidity to its market, and 
ultimately benefit all CBOE Trading Permit Holders (``TPHs'') and all 
investors.
    The Exchange does not believe that the proposed rule change will 
impose any burden on intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act because the 
proposed rule change does not make any changes to Exchange rules, but 
simply extends an existing temporary program. Further, the program is 
available to all market participants through CBOE TPHs. The Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act because, again, the proposed 
rule change does not make any changes to Exchange rules, but simply 
extends an existing temporary program. Moreover, to the extent that the 
program makes CBOE a more attractive marketplace, as noted above, the 
program is available to all market participants through CBOE TPHs.

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

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

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

    Because the foregoing proposed rule does not (i) significantly 
affect the protection of investors or the public interest; (ii) impose 
any significant burden on competition; and (iii) become operative for 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate if consistent with the protection of 
investors and the public interest, provided that the self-regulatory 
organization has given the Commission written notice of its intent to 
file the proposed rule change at least five business days prior to the 
date of filing of the proposed rule change or such shorter time as 
designated by the Commission,\9\ the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \9\ The Exchange has fulfilled this requirement.
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2015-108 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2015-108. This file

[[Page 77063]]

number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2015-108, and should be 
submitted on or before January 4, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-31177 Filed 12-10-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices                                                 77061

                                                  communications relating to the                          place at a price that is below $1 per                 transactions to take place in open outcry
                                                  proposed rule change between the                        option contract through January 5, 2017.              at a price of at least $0 but less than $1
                                                  Commission and any person, other than                   The text of the proposed rule change is               per option contract.3 These lower priced
                                                  those that may be withheld from the                     available on the Exchange’s Web site                  transactions are traded pursuant to the
                                                  public in accordance with the                           (http://www.cboe.com/AboutCBOE/                       same procedures applicable to $1
                                                  provisions of 5 U.S.C. 552, will be                     CBOELegalRegulatoryHome.aspx), at                     cabinet trades, except that (i) bids and
                                                  available for Web site viewing and                      the Exchange’s Office of the Secretary,               offers for opening transactions are only
                                                  printing in the Commission’s Public                     and at the Commission’s Public                        permitted to accommodate closing
                                                  Reference Section, 100 F Street NE.,                    Reference Room.                                       transactions in order to limit use of the
                                                  Washington, DC 20549–1090. Copies of                                                                          procedure to liquidations of existing
                                                  the filing will also be available for                   II. Self-Regulatory Organization’s                    positions, and (ii) the procedures are
                                                  inspection and copying at the NYSE’s                    Statement of the Purpose of, and                      also available for trading in option
                                                  principal office and on its Internet Web                Statutory Basis for, the Proposed Rule                classes participating in the Penny Pilot
                                                  site at www.nyse.com. All comments                      Change                                                Program.4 The Exchange believes that
                                                  received will be posted without change;                   In its filing with the Commission, the              allowing a price of at least $0 but less
                                                  the Commission does not edit personal                   Exchange included statements                          than $1 better accommodates the closing
                                                  identifying information from                            concerning the purpose of and basis for               of options positions in series that are
                                                  submissions. You should submit only                     the proposed rule change and discussed                worthless or not actively traded,
                                                  information that you wish to make                       any comments it received on the                       particularly due to market conditions
                                                  available publicly. All submissions                     proposed rule change. The text of these               which may result in a significant
                                                  should refer to File Number SR–                         statements may be examined at the                     number of series being out-of-the-
                                                  NYSEMKT–2015–100 and should be                          places specified in Item IV below. The                money. For example, a market
                                                  submitted on or before January 4, 2016.                 Exchange has prepared summaries, set                  participant might have a long position
                                                    For the Commission, by the Division of                forth in sections A, B, and C below, of               in a call series with a strike price of
                                                  Trading and Markets, pursuant to delegated              the most significant aspects of such                  $100 and the underlying stock might
                                                  authority.18                                            statements.                                           now be trading at $30. In such an
                                                  Robert W. Errett,                                                                                             instance, there might not otherwise be a
                                                                                                          A. Self-Regulatory Organization’s                     market for that person to close-out the
                                                  Deputy Secretary.                                       Statement of the Purpose of, and
                                                  [FR Doc. 2015–31278 Filed 12–10–15; 8:45 am]
                                                                                                                                                                position even at the $1 cabinet price
                                                                                                          Statutory Basis for, the Proposed Rule
                                                  BILLING CODE 8011–01–P                                  Change                                                   3 See Securities Exchange Act Release Nos. 59188

                                                                                                                                                                (December 30, 2008), 74 FR 480 (January 6, 2009)
                                                                                                          1. Purpose                                            (SR–CBOE–2008–133) (adopting the amended
                                                  SECURITIES AND EXCHANGE                                    An ‘‘accommodation’’ or ‘‘cabinet’’                procedures on a temporary basis through January
                                                  COMMISSION                                                                                                    30, 2009), 59331 (January 30, 2009), 74 FR 6333
                                                                                                          trade refers to trades in listed options on           (February 6, 2009) (extending the amended
                                                  [Release No. 34–76566; File No. SR–CBOE–                the Exchange that are worthless or not                procedures on a temporary basis through May 29,
                                                  2015–108]                                               actively traded. Cabinet trading is                   2009), 60020 (June 1, 2009), 74 FR 27220 (June 8,
                                                                                                          generally conducted in accordance with                2009) (SR–CBOE–2009–034) (extending the
                                                  Self-Regulatory Organizations;                                                                                amended procedures on a temporary basis through
                                                                                                          the Exchange Rules, except as provided                June 1, 2010), 62192 (May 28, 2010), 75 FR 31828
                                                  Chicago Board Options Exchange,                         in Exchange Rule 6.54, Accommodation                  (June 4, 2010) (SR–CBOE–2010–052) (extending the
                                                  Incorporated; Notice of Filing and                      Liquidations (Cabinet Trades), which                  amended procedures on a temporary basis through
                                                  Immediate Effectiveness of a Proposed                   sets forth specific procedures for                    June 1, 2011); 64403 (May 4, 2011), 76 FR 27110
                                                  Rule Change To Amend Rule 6.54                                                                                (May 10, 2011) (SR–CBOE–2011–048) (extending
                                                                                                          engaging in cabinet trades. Rule 6.54                 the amended procedures on a temporary basis
                                                  December 7, 2015.
                                                                                                          currently provides for cabinet                        through December 30, 2011); 65872 (December 2,
                                                     Pursuant to Section 19(b)(1) of the                  transactions to occur via open outcry at              2011), 76 FR 76788 (December 8, 2011) (SR–CBOE–
                                                                                                          a cabinet price of $1 per option contract             2011–113) (extending the amended procedures on
                                                  Securities Exchange Act of 1934 (the                                                                          a temporary basis through June 29, 2012) 67144
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  in any options series open for trading in             (June 6, 2012), 77 FR 35095 (June 12, 2012) (SR–
                                                  notice is hereby given that on November                 the Exchange, except that the Rule is not             CBOE–2012–053) (extending the amended
                                                  23, 2015, Chicago Board Options                         applicable to trading in option classes               procedures on a temporary basis through June 28,
                                                                                                          participating in the Penny Pilot                      2013), and 69854 (June 25, 2013), 78 FR 39424 (July
                                                  Exchange, Incorporated (the ‘‘Exchange’’                                                                      1, 2013) (SR–CBOE–2013–063); 69893 (June 28,
                                                  or ‘‘CBOE’’) filed with the Securities                  Program. Under the procedures, bids                   2013), 78 FR 40539 (July 5, 2013) (both extending
                                                  and Exchange Commission (the                            and offers (whether opening or closing                the amended procedures on a temporary basis
                                                  ‘‘Commission’’) the proposed rule                       a position) at a price of $1 per option               through January 5, 2014) and 71090 (December 17,
                                                                                                          contract may be represented in the                    2013), 78 FR 77532 (December 23, 2013) (SR–
                                                  change as described in Items I and II                                                                         CBOE–2013–118) (extending the amended
                                                  below, which Items have been prepared                   trading crowd by a Floor Broker or by                 procedures on a temporary basis through January 5,
                                                  by the Exchange. The Commission is                      a Market-Maker or provided in response                2015), and 73974 (December 31, 2014), 80 FR 911
                                                  publishing this notice to solicit                       to a request by a PAR Official/OBO, a                 (January 7, 2015) (SR–CBOE–2014–093) (extending
                                                                                                          Floor Broker or a Market-Maker, but                   the amended procedures on a temporary basis
                                                  comments on the proposed rule change                                                                          through January 5, 2016).
                                                  from interested persons.                                must yield priority to all resting orders                4 Currently the $1 cabinet trading procedures are
                                                                                                          in the PAR Official/OBO cabinet book                  limited to options classes traded in $0.05 or $0.10
                                                  I. Self-Regulatory Organization’s                       (which resting cabinet book orders may                standard increment. The $1 cabinet trading
                                                  Statement of the Terms of the Substance                 be closing only). So long as both the                 procedures are not available in Penny Pilot Program
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  of the Proposed Rule Change                                                                                   classes because in those classes an option series can
                                                                                                          buyer and the seller yield to orders                  trade in a standard increment as low as $0.01 per
                                                     The Exchange proposes to extend its                  resting in the cabinet book, opening                  share (or $1.00 per option contract with a 100 share
                                                  program that allows transactions to take                cabinet bids can trade with opening                   multiplier). Because the temporary procedures
                                                                                                          cabinet offers at $1 per option contract.             allow trading below $0.01 per share (or $1.00 per
                                                                                                                                                                option contract with a 100 share multiplier), the
                                                    18 17 CFR 200.30–3(a)(12).                               The Exchange has temporarily                       procedures are available for all classes, including
                                                    1 15 U.S.C. 78s(b)(1).                                amended the procedures through                        those classes participating in the Penny Pilot
                                                    2 17 CFR 240.19b–4.                                   January 5, 2015 [sic] to allow                        Program.



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                                                  77062                        Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices

                                                  (e.g., the series might be quoted no                     facilitates the closing of options                   III. Date of Effectiveness of the
                                                  bid).5                                                   positions that are worthless or not                  Proposed Rule Change and Timing for
                                                     The purpose of the instant rule                       actively trading. Further, the Exchange              Commission Action
                                                  change is to extend the operation of                     believes the proposal is consistent with                Because the foregoing proposed rule
                                                  these temporary procedures through                       the Act because the proposed extension               does not (i) significantly affect the
                                                  January 5, 2017, so that the procedures                  is of appropriate length to allow the                protection of investors or the public
                                                  can continue without interruption while                  Exchange and the Commission to                       interest; (ii) impose any significant
                                                  CBOE considers whether to seek                           continue to assess the impact of the                 burden on competition; and (iii) become
                                                  permanent approval of the temporary                      Exchange’s authority to allow                        operative for 30 days from the date on
                                                  procedures.                                              transactions to take place in open outcry            which it was filed, or such shorter time
                                                  2. Statutory Basis                                       at a price of at least $0 but less than $1           as the Commission may designate if
                                                                                                           per option in accordance with its                    consistent with the protection of
                                                     The Exchange believes the proposed                    attendant obligations and conditions,
                                                  rule change is consistent with the                                                                            investors and the public interest,
                                                                                                           including the process for submitting                 provided that the self-regulatory
                                                  Securities Exchange Act of 1934 (the                     such transactions to OCC for clearing.
                                                  ‘‘Act’’) and the rules and regulations                                                                        organization has given the Commission
                                                  thereunder applicable to the Exchange                    B. Self-Regulatory Organization’s                    written notice of its intent to file the
                                                  and, in particular, the requirements of                  Statement on Burden on Competition                   proposed rule change at least five
                                                  Section 6(b) of the Act.6 Specifically,                                                                       business days prior to the date of filing
                                                                                                              CBOE does not believe that the                    of the proposed rule change or such
                                                  the Exchange believes the proposed rule                  proposed rule change will impose any
                                                  change is consistent with the Section                                                                         shorter time as designated by the
                                                                                                           burden on competition that is not                    Commission,9 the proposed rule change
                                                  6(b)(5) 7 requirements that the rules of                 necessary or appropriate in furtherance
                                                  an exchange be designed to prevent                                                                            has become effective pursuant to
                                                                                                           of the purposes of the Act. The                      Section 19(b)(3)(A) of the Act 10 and
                                                  fraudulent and manipulative acts and                     Exchange believes that allowing for
                                                  practices, to promote just and equitable                                                                      Rule 19b–4(f)(6) thereunder.11
                                                                                                           liquidations at a price less than $1 per                At any time within 60 days of the
                                                  principles of trade, to foster cooperation               option contract better facilitates the               filing of such proposed rule change, the
                                                  and coordination with persons engaged                    closing of options positions that are                Commission summarily may
                                                  in regulating, clearing, settling,                       worthless or not actively trading. The               temporarily suspend such rule change if
                                                  processing information with respect to,                  Exchange believes this promotes fair                 it appears to the Commission that such
                                                  and facilitating transactions in                         and orderly markets, as well as assists              action is necessary or appropriate in the
                                                  securities, to remove impediments to                     the Exchange in its ability to effectively           public interest, for the protection of
                                                  and perfect the mechanism of a free and                  attract order flow and liquidity to its              investors, or otherwise in furtherance of
                                                  open market and a national market                        market, and ultimately benefit all CBOE              the purposes of the Act. If the
                                                  system, and, in general, to protect                      Trading Permit Holders (‘‘TPHs’’) and                Commission takes such action, the
                                                  investors and the public interest.                       all investors.                                       Commission shall institute proceedings
                                                  Additionally, the Exchange believes the
                                                                                                              The Exchange does not believe that                under Section 19(b)(2)(B) 12 of the Act to
                                                  proposed rule change is consistent with
                                                                                                           the proposed rule change will impose                 determine whether the proposed rule
                                                  the Section 6(b)(5) 8 requirement that
                                                                                                           any burden on intramarket competition                change should be approved or
                                                  the rules of an exchange not be designed
                                                                                                           that is not necessary or appropriate in              disapproved.
                                                  to permit unfair discrimination between
                                                                                                           furtherance of the purposes of the Act               IV. Solicitation of Comments
                                                  customers, issuers, brokers, or dealers.
                                                     In particular, the Exchange believes                  because the proposed rule change does
                                                                                                           not make any changes to Exchange                       Interested persons are invited to
                                                  that allowing for liquidations at a price                                                                     submit written data, views, and
                                                  less than $1 per option contract better                  rules, but simply extends an existing
                                                                                                           temporary program. Further, the                      arguments concerning the foregoing,
                                                     5 As with other accommodation liquidations            program is available to all market                   including whether the proposed rule
                                                  under Rule 6.54, transactions that occur for less        participants through CBOE TPHs. The                  change is consistent with the Act.
                                                  than $1 are not be disseminated to the public on         Exchange does not believe that the                   Comments may be submitted by any of
                                                  the consolidated tape. In addition, as with other        proposed rule change will impose any                 the following methods:
                                                  accommodation liquidations under Rule 6.54, the
                                                  transactions are exempt from the Consolidated            burden on intermarket competition that               Electronic Comments
                                                  Options Audit Trail (‘‘COATS’’) requirements of          is not necessary or appropriate in
                                                                                                                                                                  • Use the Commission’s Internet
                                                  Exchange Rule 6.24, Required Order Information.          furtherance of the purposes of the Act
                                                  However, the Exchange maintains quotation, order                                                              comment form (http://www.sec.gov/
                                                                                                           because, again, the proposed rule
                                                  and transaction information for the transactions in                                                           rules/sro.shtml); or
                                                                                                           change does not make any changes to
                                                  the same format as the COATS data is maintained.                                                                • Send an email to rule-comments@
                                                  In this regard, all transactions for less than $1 must   Exchange rules, but simply extends an
                                                                                                                                                                sec.gov. Please include File Number SR–
                                                  be reported to the Exchange following the close of       existing temporary program. Moreover,
                                                  each business day. The rule also provides that                                                                CBOE–2015–108 on the subject line.
                                                                                                           to the extent that the program makes
                                                  transactions for less than $1 will be reported for
                                                  clearing utilizing forms, formats and procedures         CBOE a more attractive marketplace, as               Paper Comments
                                                  established by the Exchange from time to time. In        noted above, the program is available to               • Send paper comments in triplicate
                                                  this regard, the Exchange initially intends to have      all market participants through CBOE                 to Secretary, Securities and Exchange
                                                  clearing firms directly report the transactions to The   TPHs.
                                                  Options Clearing Corporation (‘‘OCC’’) using OCC’s                                                            Commission, 100 F Street NE.,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  position adjustment/transfer procedures. This            C. Self-Regulatory Organization’s                    Washington, DC 20549–1090.
                                                  manner of reporting transactions for clearing is                                                              All submissions should refer to File
                                                  similar to the procedure that CBOE currently
                                                                                                           Statement on Comments on the
                                                  employs for on-floor position transfer packages          Proposed Rule Change Received From                   Number SR–CBOE–2015–108. This file
                                                  executed pursuant to Exchange Rule 6.49A,                Members, Participants, or Others
                                                  Transfer of Positions.                                                                                          9 The Exchange has fulfilled this requirement.
                                                     6 15 U.S.C. 78f(b).                                     The Exchange neither solicited nor                   10 15 U.S.C. 78s(b)(3)(A).
                                                     7 15 U.S.C. 78f(b)(5).                                received comments on the proposed                      11 17 CFR 240.19b–4(f)(6).
                                                     8 Id.                                                 rule change.                                           12 15 U.S.C. 78s(b)(2)(B).




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                                                                                 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices                                                  77063

                                                  number should be included on the                        November 24, 2015, NYSE Arca, Inc.                    of the Proprietary Trader Qualification
                                                  subject line if email is used. To help the              (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed             Examination (‘‘Series 56 Examination’’)
                                                  Commission process and review your                      with the Securities and Exchange                      is required in order to register as a
                                                  comments more efficiently, please use                   Commission (the ‘‘Commission’’) the                   Market Maker, a MMAT, or a Floor
                                                  only one method. The Commission will                    proposed rule change as described in                  Broker.4 In addition, individuals
                                                  post all comments on the Commission’s                   Items I, II, and III below, which Items               currently engaged solely in proprietary
                                                  Internet Web site (http://www.sec.gov/                  have been prepared by the self-                       trading, who are not required to register
                                                  rules/sro.shtml). Copies of the                         regulatory organization. The                          as Market Makers, MMATs or Floor
                                                  submission, all subsequent                              Commission is publishing this notice to               Brokers, may qualify for registration by
                                                  amendments, all written statements                      solicit comments on the proposed rule                 successful completion of the Series 56
                                                  with respect to the proposed rule                       change from interested persons.                       Examination or the General Securities
                                                  change that are filed with the                                                                                Representative Qualification
                                                  Commission, and all written                             I. Self-Regulatory Organization’s                     Examination (‘‘Series 7 Examination’’).5
                                                  communications relating to the                          Statement of the Terms of Substance of                   The Exchange proposes to change the
                                                  proposed rule change between the                        the Proposed Rule Change                              prescribed examination for Market
                                                  Commission and any person, other than                      The Exchange proposes to amend                     Makers, MMATs, and Floor Brokers
                                                  those that may be withheld from the                     NYSE Arca Rule 2.23 to (1) prescribe the              from the Series 56 Examination to the
                                                  public in accordance with the                           Securities Traders examination (Series                Series 57 Examination and also
                                                  provisions of 5 U.S.C. 552, will be                     57) (the ‘‘Series 57 Examination’’) as the            proposes to replace the Series 56
                                                  available for Web site viewing and                      qualifying examination for registered                 Examination with the Series 57
                                                  printing in the Commission’s Public                     Market Makers, Market Maker                           Examination for individuals engaged
                                                  Reference Room, 100 F Street NE.,                       Authorized Traders (‘‘MMATs’’), Floor                 solely in proprietary trading. With this
                                                  Washington, DC 20549 on official                        Brokers and Securities Traders, (2)                   proposed rule change, Market Makers,
                                                  business days between the hours of                      eliminate reference to the S501Program                MMATs, Floor Brokers and individuals
                                                  10:00 a.m. and 3:00 p.m. Copies of such                 as a continuing education requirement,                engaged solely in proprietary trading
                                                  filing also will be available for                       and (3) rename the category                           will qualify for registration by passing
                                                  inspection and copying at the principal                 ‘‘Proprietary Trader’’ as ‘‘Securities                the Series 57 Examination.
                                                  office of the Exchange. All comments                    Trader’’ in Exchange rules without                       The Series 57 Examination is being
                                                  received will be posted without change;                 making any substantive change to the                  developed by the Financial Industry
                                                  the Commission does not edit personal                   definition of such term. The proposed                 Regulatory Authority, Inc. (‘‘FINRA’’) in
                                                  identifying information from                            rule change is available on the                       consultation with industry and
                                                  submissions. You should submit only                     Exchange’s Web site at www.nyse.com,                  exchange representatives. The Series 57
                                                  information that you wish to make                       at the principal office of the Exchange,              Examination will be based on the
                                                  available publicly. All submissions                     and at the Commission’s Public                        current job functions of securities
                                                  should refer to File Number SR–CBOE–                    Reference Room.                                       traders and will include elements of the
                                                  2015–108, and should be submitted on                                                                          Series 55 Equity Trader Qualification
                                                  or before January 4, 2016.                              II. Self-Regulatory Organization’s                    Examination (which is required to
                                                                                                          Statement of the Purpose of, and                      engage in over-the-counter securities
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated
                                                                                                          Statutory Basis for, the Proposed Rule                trading) and the current Series 56
                                                  authority.13                                            Change                                                Registered Proprietary Traders
                                                  Brent J. Fields,                                          In its filing with the Commission, the              Examination (which is required for
                                                  Secretary.                                              self-regulatory organization included                 associated persons engaged in
                                                  [FR Doc. 2015–31177 Filed 12–10–15; 8:45 am]            statements concerning the purpose of,                 proprietary trading).6 The Series 57
                                                  BILLING CODE 8011–01–P                                  and basis for, the proposed rule change               Examination will be based on industry
                                                                                                          and discussed any comments it received                rules applicable to trading of equity
                                                                                                          on the proposed rule change. The text                 securities and listed options contracts.
                                                  SECURITIES AND EXCHANGE                                 of those statements may be examined at                The Series 57 Examination will cover,
                                                  COMMISSION                                              the places specified in Item IV below.                among other things, recordkeeping and
                                                                                                          The Exchange has prepared summaries,
                                                  [Release No. 34–76577; File No. SR–                                                                              4 Under the current rule, Market Makers, MMATs
                                                  NYSEARCA–2015–116]                                      set forth in sections A, B, and C below,
                                                                                                                                                                and Floor Brokers are also required to successfully
                                                                                                          of the most significant parts of such                 complete an orientation program for the prescribed
                                                  Self-Regulatory Organizations; NYSE                     statements.                                           examination.
                                                  Arca, Inc.; Notice of Filing and                        A. Self-Regulatory Organization’s
                                                                                                                                                                   5 Currently, individuals engaged solely in

                                                  Immediate Effectiveness of Proposed                                                                           proprietary trading can alternatively take the Series
                                                                                                          Statement of the Purpose of, and the                  7 Examination as a qualifying exam. After
                                                  Rule Change Amending NYSE Arca                          Statutory Basis for, the Proposed Rule                implementation of the Series 57 Examination, an
                                                  Rule 2.23 To Establish the Securities                   Change                                                individual engaged solely in proprietary trading
                                                  Trader and Securities Trader Principal                                                                        will be required to take the Series 57 Examination
                                                  Registration Categories                                 1. Purpose                                            as the Series 7 Examination would no longer serve
                                                                                                                                                                as a qualifying exam to engage solely in proprietary
                                                  December 8, 2015.                                         The Exchange proposes to amend                      trading.
                                                     Pursuant to Section 19(b)(1) 1 of the                NYSE Arca Rule 2.23 to prescribe the                     6 While the Series 56 Examination is required for

                                                                                                          Series 57 Examination as the qualifying               associated persons engaged in proprietary trading,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Securities Exchange Act of 1934 (the                                                                          Exchange rules do not require such individuals to
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  examination for registered Market                     work at a proprietary trading firm only. These
                                                  notice is hereby given that, on                         Makers, MMATs, Floor Brokers and                      individuals can work at any type of firm. However,
                                                                                                          Securities Traders and eliminate                      they may only engage in proprietary trading at the
                                                    13 17                                                 reference to the S501 Program as a                    firm where they are employed. For example, an
                                                          CFR 200.30–3(a)(12).                                                                                  individual engaged in proprietary trading at a full
                                                    1 15 U.S.C.78s(b)(1).                                 continuing education requirement.                     service firm, who is registered solely to engage in
                                                    2 15 U.S.C. 78a.                                        NYSE Arca Rule 2.23 currently                       proprietary trading, may not act as a registered
                                                    3 17 CFR 240.19b–4.                                   specifies that the successful completion              representative for that firm.



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Document Created: 2018-03-02 09:13:03
Document Modified: 2018-03-02 09:13:03
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 77061 

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