80_FR_77308 80 FR 77070 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule

80 FR 77070 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule

SECURITIES AND EXCHANGE COMMISSION

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

Page Range77070-77072
FR Document2015-31178

Federal Register, Volume 80 Issue 238 (Friday, December 11, 2015)
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 77070-77072]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31178]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76567; File No. SR-CBOE-2015-109]


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

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 24, 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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the 
proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's 
Office of the Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule.\3\ Specifically, 
the Exchange proposes to increase the Customer Priority Surcharge fee 
assessed to contracts executed in VIX volatility index options (``VIX 
options'') and weekly S&P 500 options (``SPXW options''). Currently, 
the VIX Customer Priority Surcharge (``VIX Surcharge'') is assessed on 
all Customer (C) VIX contracts executed electronically that are Maker 
and not Market Turner. Additionally, the VIX Surcharge is only assessed 
on such contracts that have a premium of $0.11 or greater. The Exchange 
proposes to increase the VIX Surcharge from $0.10 per contract to $0.20 
per contract on such contracts that have a premium of $0.11 or greater. 
The SPXW Customer Priority Surcharge (``SPXW Surcharge'') is currently 
assessed on all Customer (C) SPXW contracts executed electronically.\4\ 
The Exchange also proposes to increase the SPXW Surcharge from $0.05 
per contract to $0.10 per contract.
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    \3\ The Exchange initially filed the proposed fee change on 
November 2, 2015 (SR-CBOE-2015-101). On November 24, 2015, the 
Exchange withdrew that filing and submitted this filing.
    \4\ The SPXW Surcharge is not assessed to contracts executed by 
a floor broker using a PAR terminal or orders in SPXW options in 
SPXW electronic book that are executed during opening rotation on 
the final settlement day of VIX options and futures which have the 
expiration that contribute to the VIX settlement calculation.
---------------------------------------------------------------------------

    The Exchange also proposes to amend the Fees Schedule with respect 
to the Qualified Contingent Cross (``QCC'') Orders Rate Table. By way 
of background, the Fees Schedule currently provides for a ``QCC Rate 
Table'' which sets forth a transaction fee and credit for QCC 
transactions. In addition, the ``Notes'' section of the QCC Rate Table 
includes the definition of a QCC transaction. Specifically the 
``Notes'' section currently provides that ``A QCC transaction is 
comprised of an `initiating order' to buy (sell) at least 1,000 
contracts, coupled with a contra-side order to sell (buy) an equal 
number of contracts . . .'' The Exchange notes that it recently amended 
its QCC rules to expand the availability of QCC orders

[[Page 77071]]

by permitting multiple contra-parties on a QCC order.\5\ As such, the 
definition of QCC Orders in CBOE Rule 6.53 has been amended. The 
Exchange proposes to similarly amend the Fees Schedule to incorporate 
this new definition to maintain consistency in the Rules and Fees 
Schedule and avoid potential confusion.
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    \5\ See Securities Exchange Act Release No. 75756 (August 25, 
2015), 80 FR 168 (August 31, 2015) (SR-CBOE-2015-073).
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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 facilitation 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. The Exchange 
also believes the proposed rule change is consistent with Section 
6(b)(4) of the Act,\8\ which provides that Exchange rules may provide 
for the equitable allocation of reasonable dues, fees, and other 
charges among its Trading Permit Holders.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the SPXW and VIX Customer Priority 
Surcharge increases are reasonable because the amount of the new fees 
are within the range of surcharges assessed for customer transactions 
in other CBOE proprietary products (for example customers are currently 
assessed a $0.20 Hybrid 3.0 Execution Surcharge (which essentially acts 
as a customer priority surcharge) in SPX options).
    The Exchange believes that it is equitable and not unfairly 
discriminatory to assess the SPXW and VIX Priority Surcharges to 
Customers and not other market participants because Customers are not 
subject to additional costs for effecting transactions in SPXW and VIX 
which are applicable to other market participants, such as license 
surcharges. Additionally, Customers are not subject to fees applicable 
to other market participants such as connectivity fees and fees 
relating to Trading Permits, and are not subject to the same 
obligations as other market participants, including regulatory and 
compliance requirements and quoting obligations.
    The Exchange notes that the VIX Surcharge was adopted to minimize 
the cost differentials between manual and electronic executions (as 
Floor Brokers assess a commission on customer executions). As such, the 
Exchange believes it's equitable and not unfairly discriminatory to 
assess the VIX Surcharge to Makers and not Takers because electronic 
Maker orders are analogous to customer orders represented by Floor 
Brokers in open outcry (as compared to Takers that immediately remove 
liquidity and do not rest in the book). The Exchange believes it's 
equitable and not unfairly discriminatory to assess only Makers in VIX 
and both Makers and Takers in SPXW because the SPX product group has 
reached a mature and established level since its introduction while VIX 
has not and the Exchange therefore wants to incentivize liquidity in 
VIX and not discourage trading. The Exchange also notes that another 
S&P 500 product (SPX) also charges a surcharge to both Makers and 
Takers (i.e., the Hybrid 3.0 Surcharge). The Exchange believes that it 
is equitable and not unfairly discriminatory to only assess the VIX 
Surcharge to Maker Non-Turners because the Exchange wants to encourage 
improving the market (``turning'').
    The Exchange believes that it is equitable and not unfairly 
discriminatory to only assess the VIX Surcharge when the contract 
premium is at least $0.11 because the Exchange wants to reduce costs on 
low priced VIX options to encourage Customers to close and roll over 
positions close to expiration at low premium levels. Currently, such 
Customers are less likely to do this because the transaction fee is 
closer to the premium level. The Exchange believes that maintaining 
lowered fees overall for VIX options trading with a premium of $0.00-
$0.10 will encourage the trading of such options. As such, the Exchange 
does not wish to assess the VIX Surcharge on such options in order to 
keep the costs low.
    Finally, the Exchange believes that codifying the amended 
definition of a QCC transaction in the Fees Schedule (in addition to 
the Exchange's Rules, where it is currently provided for), will 
alleviate potential confusion and maintain clarity in the Fees 
Schedule, which serves 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.

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 because, while different 
electronic transaction fees are assessed to different market 
participants, different market participants have different obligations 
and circumstances as noted above. The Exchange believes that the 
proposal to increase the surcharge amount assessed to Customers for 
executions in SPXW and VIX contracts will not cause an unnecessary 
burden on intermarket competition because SPXW and VIX are only traded 
on CBOE. To the extent that the proposed changes make CBOE a more 
attractive marketplace for market participants at other exchanges, such 
market participants are welcome to become CBOE market participants.
    Additionally, the proposed change to codify in the Fees Schedule 
the revised definition of a QCC order is not intended for competitive 
reasons and only applies to CBOE. The Exchange notes that no rights or 
obligations of Trading Permit Holders are affected by this particular 
change.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule

[[Page 77072]]

change should be approved or disapproved.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
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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-2015-109 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-2015-109. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2015-109, and should be 
submitted on or before January 4, 2016.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
Brent J. Fields,
Secretary.
[FR Doc. 2015-31178 Filed 12-10-15; 8:45 am]
BILLING CODE 8011-01-P



                                                  77070                            Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices

                                                  action is necessary or appropriate in the                  information that you wish to make                     proposed rule change. The text of these
                                                  public interest, for the protection of                     available publicly. All submissions                   statements may be examined at the
                                                  investors, or otherwise in furtherance of                  should refer to File Number SR–                       places specified in Item IV below. The
                                                  the purposes of the Act. If the                            NYSEARCA–2015–117 and should be                       Exchange has prepared summaries, set
                                                  Commission takes such action, the                          submitted on or before January 4, 2016.               forth in sections A, B, and C below, of
                                                  Commission shall institute proceedings                       For the Commission, by the Division of              the most significant aspects of such
                                                  under Section 19(b)(2)(B) 20 of the Act to                 Trading and Markets, pursuant to delegated            statements.
                                                  determine whether the proposed rule                        authority.21
                                                                                                                                                                   A. Self-Regulatory Organization’s
                                                  change should be approved or                               Robert W. Errett,                                     Statement of the Purpose of, and
                                                  disapproved.                                               Deputy Secretary.                                     Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                               [FR Doc. 2015–31277 Filed 12–10–15; 8:45 am]          Change
                                                                                                             BILLING CODE 8011–01–P
                                                    Interested persons are invited to                                                                              1. Purpose
                                                  submit written data, views, and
                                                                                                                                                                      The Exchange proposes to amend its
                                                  arguments concerning the foregoing,
                                                                                                             SECURITIES AND EXCHANGE                               Fees Schedule.3 Specifically, the
                                                  including whether the proposed rule
                                                                                                             COMMISSION                                            Exchange proposes to increase the
                                                  change is consistent with the Act.
                                                  Comments may be submitted by any of                        [Release No. 34–76567; File No. SR–CBOE–              Customer Priority Surcharge fee
                                                  the following methods:                                     2015–109]                                             assessed to contracts executed in VIX
                                                                                                                                                                   volatility index options (‘‘VIX options’’)
                                                  Electronic Comments                                        Self-Regulatory Organizations;                        and weekly S&P 500 options (‘‘SPXW
                                                     • Use the Commission’s Internet                         Chicago Board Options Exchange,                       options’’). Currently, the VIX Customer
                                                  comment form (http://www.sec.gov/                          Incorporated; Notice of Filing and                    Priority Surcharge (‘‘VIX Surcharge’’) is
                                                  rules/sro.shtml); or                                       Immediate Effectiveness of a Proposed                 assessed on all Customer (C) VIX
                                                     • Send an email to rule-comments@                       Rule Change To Amend the Fees                         contracts executed electronically that
                                                  sec.gov. Please include File Number SR–                    Schedule                                              are Maker and not Market Turner.
                                                  NYSEARCA–2015–117 on the subject                                                                                 Additionally, the VIX Surcharge is only
                                                                                                             December 7, 2015.                                     assessed on such contracts that have a
                                                  line.
                                                                                                                Pursuant to Section 19(b)(1) of the                premium of $0.11 or greater. The
                                                  Paper Comments                                             Securities Exchange Act of 1934 (the                  Exchange proposes to increase the VIX
                                                     • Send paper comments in triplicate                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2                Surcharge from $0.10 per contract to
                                                  to Brent J. Fields, Secretary, Securities                  notice is hereby given that on November               $0.20 per contract on such contracts that
                                                  and Exchange Commission, 100 F Street                      24, 2015, Chicago Board Options                       have a premium of $0.11 or greater. The
                                                  NE., Washington, DC 20549–1090.                            Exchange, Incorporated (the ‘‘Exchange’’              SPXW Customer Priority Surcharge
                                                  All submissions should refer to File                       or ‘‘CBOE’’) filed with the Securities                (‘‘SPXW Surcharge’’) is currently
                                                  Number SR–NYSEARCA–2015–117.                               and Exchange Commission (the                          assessed on all Customer (C) SPXW
                                                  This file number should be included on                     ‘‘Commission’’) the proposed rule                     contracts executed electronically.4 The
                                                  the subject line if email is used. To help                 change as described in Items I, II, and               Exchange also proposes to increase the
                                                  the Commission process and review                          III below, which Items have been                      SPXW Surcharge from $0.05 per
                                                  your comments more efficiently, please                     prepared by the Exchange. The                         contract to $0.10 per contract.
                                                  use only one method. The Commission                        Commission is publishing this notice to                  The Exchange also proposes to amend
                                                  will post all comments on the                              solicit comments on the proposed rule                 the Fees Schedule with respect to the
                                                  Commission’s Internet Web site (http://                    change from interested persons.                       Qualified Contingent Cross (‘‘QCC’’)
                                                  www.sec.gov/rules/sro.shtml). Copies of                    I. Self-Regulatory Organization’s                     Orders Rate Table. By way of
                                                  the submission, all subsequent                             Statement of the Terms of the Substance               background, the Fees Schedule
                                                  amendments, all written statements                         of the Proposed Rule Change                           currently provides for a ‘‘QCC Rate
                                                  with respect to the proposed rule                                                                                Table’’ which sets forth a transaction fee
                                                                                                                The Exchange proposes to amend its
                                                  change that are filed with the                                                                                   and credit for QCC transactions. In
                                                                                                             Fees Schedule. The text of the proposed
                                                  Commission, and all written                                                                                      addition, the ‘‘Notes’’ section of the
                                                                                                             rule change is available on the
                                                  communications relating to the                                                                                   QCC Rate Table includes the definition
                                                                                                             Exchange’s Web site (http://
                                                  proposed rule change between the                                                                                 of a QCC transaction. Specifically the
                                                                                                             www.cboe.com/AboutCBOE/
                                                  Commission and any person, other than                                                                            ‘‘Notes’’ section currently provides that
                                                                                                             CBOELegalRegulatoryHome.aspx), at
                                                  those that may be withheld from the                                                                              ‘‘A QCC transaction is comprised of an
                                                                                                             the Exchange’s Office of the Secretary,
                                                  public in accordance with the                                                                                    ‘initiating order’ to buy (sell) at least
                                                                                                             and at the Commission’s Public
                                                  provisions of 5 U.S.C. 552, will be                                                                              1,000 contracts, coupled with a contra-
                                                                                                             Reference Room.
                                                  available for Web site viewing and                                                                               side order to sell (buy) an equal number
                                                  printing in the Commission’s Public                        II. Self-Regulatory Organization’s                    of contracts . . .’’ The Exchange notes
                                                  Reference Section, 100 F Street NE.,                       Statement of the Purpose of, and                      that it recently amended its QCC rules
                                                  Washington, DC 20549–1090. Copies of                       Statutory Basis for, the Proposed Rule                to expand the availability of QCC orders
                                                  the filing will also be available for                      Change
                                                                                                                                                                     3 The Exchange initially filed the proposed fee
                                                  inspection and copying at the NYSE’s                          In its filing with the Commission, the             change on November 2, 2015 (SR–CBOE–2015–
                                                  principal office and on its Internet Web
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                             Exchange included statements                          101). On November 24, 2015, the Exchange
                                                  site at www.nyse.com. All comments                         concerning the purpose of and basis for               withdrew that filing and submitted this filing.
                                                  received will be posted without change;                    the proposed rule change and discussed                  4 The SPXW Surcharge is not assessed to

                                                  the Commission does not edit personal                      any comments it received on the                       contracts executed by a floor broker using a PAR
                                                  identifying information from                                                                                     terminal or orders in SPXW options in SPXW
                                                                                                                                                                   electronic book that are executed during opening
                                                  submissions. You should submit only                          21 17 CFR 200.30–3(a)(12).                          rotation on the final settlement day of VIX options
                                                                                                               1 15 U.S.C. 78s(b)(1).                              and futures which have the expiration that
                                                    20 15   U.S.C. 78s(b)(2)(B).                               2 17 CFR 240.19b–4.                                 contribute to the VIX settlement calculation.



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                                                                              Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices                                           77071

                                                  by permitting multiple contra-parties on                to fees applicable to other market                    and perfect the mechanism of a free and
                                                  a QCC order.5 As such, the definition of                participants such as connectivity fees                open market and a national market
                                                  QCC Orders in CBOE Rule 6.53 has been                   and fees relating to Trading Permits, and             system, and, in general, to protect
                                                  amended. The Exchange proposes to                       are not subject to the same obligations               investors and the public interest.
                                                  similarly amend the Fees Schedule to                    as other market participants, including
                                                  incorporate this new definition to                      regulatory and compliance requirements                B. Self-Regulatory Organization’s
                                                  maintain consistency in the Rules and                   and quoting obligations.                              Statement on Burden on Competition
                                                  Fees Schedule and avoid potential                          The Exchange notes that the VIX                      CBOE does not believe that the
                                                  confusion.                                              Surcharge was adopted to minimize the                 proposed rule change will impose any
                                                                                                          cost differentials between manual and
                                                  2. Statutory Basis                                                                                            burden on competition that is not
                                                                                                          electronic executions (as Floor Brokers
                                                     The Exchange believes the proposed                                                                         necessary or appropriate in furtherance
                                                                                                          assess a commission on customer
                                                  rule change is consistent with the                                                                            of the purposes of the Act because,
                                                                                                          executions). As such, the Exchange
                                                  Securities Exchange Act of 1934 (the                                                                          while different electronic transaction
                                                                                                          believes it’s equitable and not unfairly
                                                  ‘‘Act’’) and the rules and regulations                                                                        fees are assessed to different market
                                                                                                          discriminatory to assess the VIX
                                                  thereunder applicable to the Exchange                                                                         participants, different market
                                                                                                          Surcharge to Makers and not Takers
                                                  and, in particular, the requirements of                                                                       participants have different obligations
                                                                                                          because electronic Maker orders are
                                                  Section 6(b) of the Act.6 Specifically,                                                                       and circumstances as noted above. The
                                                                                                          analogous to customer orders
                                                  the Exchange believes the proposed rule                                                                       Exchange believes that the proposal to
                                                                                                          represented by Floor Brokers in open
                                                  change is consistent with the Section                   outcry (as compared to Takers that                    increase the surcharge amount assessed
                                                  6(b)(5) 7 requirements that the rules of                immediately remove liquidity and do                   to Customers for executions in SPXW
                                                  an exchange be designed to prevent                      not rest in the book). The Exchange                   and VIX contracts will not cause an
                                                  fraudulent and manipulative acts and                    believes it’s equitable and not unfairly              unnecessary burden on intermarket
                                                  practices, to promote just and equitable                discriminatory to assess only Makers in               competition because SPXW and VIX are
                                                  principles of trade, to foster cooperation              VIX and both Makers and Takers in                     only traded on CBOE. To the extent that
                                                  and coordination with persons engaged                   SPXW because the SPX product group                    the proposed changes make CBOE a
                                                  in regulating, clearing, settling,                      has reached a mature and established                  more attractive marketplace for market
                                                  processing information with respect to,                 level since its introduction while VIX                participants at other exchanges, such
                                                  and facilitation transactions in                        has not and the Exchange therefore                    market participants are welcome to
                                                  securities, to remove impediments to                    wants to incentivize liquidity in VIX                 become CBOE market participants.
                                                  and perfect the mechanism of a free and                 and not discourage trading. The                         Additionally, the proposed change to
                                                  open market and a national market                       Exchange also notes that another S&P                  codify in the Fees Schedule the revised
                                                  system, and, in general, to protect                     500 product (SPX) also charges a                      definition of a QCC order is not
                                                  investors and the public interest. The                  surcharge to both Makers and Takers                   intended for competitive reasons and
                                                  Exchange also believes the proposed                     (i.e., the Hybrid 3.0 Surcharge). The                 only applies to CBOE. The Exchange
                                                  rule change is consistent with Section                  Exchange believes that it is equitable                notes that no rights or obligations of
                                                  6(b)(4) of the Act,8 which provides that                and not unfairly discriminatory to only               Trading Permit Holders are affected by
                                                  Exchange rules may provide for the                      assess the VIX Surcharge to Maker Non-                this particular change.
                                                  equitable allocation of reasonable dues,                Turners because the Exchange wants to
                                                  fees, and other charges among its                       encourage improving the market                        C. Self-Regulatory Organization’s
                                                  Trading Permit Holders.                                 (‘‘turning’’).                                        Statement on Comments on the
                                                     The Exchange believes that the SPXW                     The Exchange believes that it is                   Proposed Rule Change Received From
                                                  and VIX Customer Priority Surcharge                     equitable and not unfairly                            Members, Participants, or Others
                                                  increases are reasonable because the                    discriminatory to only assess the VIX
                                                  amount of the new fees are within the                                                                           The Exchange neither solicited nor
                                                                                                          Surcharge when the contract premium
                                                  range of surcharges assessed for                                                                              received comments on the proposed
                                                                                                          is at least $0.11 because the Exchange
                                                  customer transactions in other CBOE                                                                           rule change.
                                                                                                          wants to reduce costs on low priced VIX
                                                  proprietary products (for example                       options to encourage Customers to close               III. Date of Effectiveness of the
                                                  customers are currently assessed a $0.20                and roll over positions close to                      Proposed Rule Change and Timing for
                                                  Hybrid 3.0 Execution Surcharge (which                   expiration at low premium levels.                     Commission Action
                                                  essentially acts as a customer priority                 Currently, such Customers are less
                                                  surcharge) in SPX options).                             likely to do this because the transaction                The foregoing rule change has become
                                                     The Exchange believes that it is                     fee is closer to the premium level. The               effective pursuant to Section 19(b)(3)(A)
                                                  equitable and not unfairly                              Exchange believes that maintaining                    of the Act 9 and paragraph (f) of Rule
                                                  discriminatory to assess the SPXW and                   lowered fees overall for VIX options                  19b–4 10 thereunder. At any time within
                                                  VIX Priority Surcharges to Customers                    trading with a premium of $0.00–$0.10                 60 days of the filing of the proposed rule
                                                  and not other market participants                       will encourage the trading of such                    change, the Commission summarily may
                                                  because Customers are not subject to                    options. As such, the Exchange does not               temporarily suspend such rule change if
                                                  additional costs for effecting                          wish to assess the VIX Surcharge on                   it appears to the Commission that such
                                                  transactions in SPXW and VIX which                      such options in order to keep the costs               action is necessary or appropriate in the
                                                  are applicable to other market                          low.                                                  public interest, for the protection of
                                                  participants, such as license surcharges.                  Finally, the Exchange believes that                investors, or otherwise in furtherance of
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Additionally, Customers are not subject                 codifying the amended definition of a                 the purposes of the Act. If the
                                                                                                          QCC transaction in the Fees Schedule                  Commission takes such action, the
                                                    5 See Securities Exchange Act Release No. 75756
                                                                                                          (in addition to the Exchange’s Rules,                 Commission will institute proceedings
                                                  (August 25, 2015), 80 FR 168 (August 31, 2015)
                                                  (SR–CBOE–2015–073).
                                                                                                          where it is currently provided for), will             to determine whether the proposed rule
                                                    6 15 U.S.C. 78f(b).                                   alleviate potential confusion and
                                                    7 15 U.S.C. 78f(b)(5).                                maintain clarity in the Fees Schedule,                  9 15   U.S.C. 78s(b)(3)(A).
                                                    8 15 U.S.C. 78f(b)(4).                                which serves to remove impediments to                   10 17   CFR 240.19b–4(f).



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                                                  77072                            Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices

                                                  change should be approved or                                For the Commission, by the Division of              II. Self-Regulatory Organization’s
                                                  disapproved.                                              Trading and Markets, pursuant to delegated            Statement of the Purpose of, and
                                                                                                            authority.11                                          Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                              Brent J. Fields,                                      Change
                                                                                                            Secretary.
                                                    Interested persons are invited to                                                                               In its filing with the Commission, the
                                                  submit written data, views, and                           [FR Doc. 2015–31178 Filed 12–10–15; 8:45 am]
                                                                                                                                                                  Exchange included statements
                                                  arguments concerning the foregoing,                       BILLING CODE 8011–01–P                                concerning the purpose of and basis for
                                                  including whether the proposed rule                                                                             the proposed rule change and discussed
                                                  change is consistent with the Act.                                                                              any comments it received on the
                                                  Comments may be submitted by any of                       SECURITIES AND EXCHANGE
                                                                                                                                                                  proposed rule change. The text of these
                                                  the following methods:                                    COMMISSION
                                                                                                                                                                  statements may be examined at the
                                                                                                            [Release No. 34–76576; File No. SR–EDGX–              places specified in Item IV below. The
                                                  Electronic Comments                                       2015–59]                                              Exchange has prepared summaries, set
                                                    • Use the Commission’s Internet                                                                               forth in Sections A, B, and C below, of
                                                                                                            Self-Regulatory Organizations; EDGX                   the most significant parts of such
                                                  comment form (http://www.sec.gov/                         Exchange, Inc.; Notice of Filing and
                                                  rules/sro.shtml); or                                                                                            statements.
                                                                                                            Immediate Effectiveness of a Proposed
                                                    • Send an email to rule-comments@                       Rule Change To Delete Rule 22.10,                     (A) Self-Regulatory Organization’s
                                                  sec.gov. Please include File Number SR–                   Limitation on Dealings, Related to the                Statement of the Purpose of, and
                                                  CBOE–2015–109 on the subject line.                        EDGX Options Market                                   Statutory Basis for, the Proposed Rule
                                                                                                                                                                  Change
                                                  Paper Comments                                            December 8, 2015.
                                                                                                               Pursuant to Section 19(b)(1) of the                1. Purpose
                                                    • Send paper comments in triplicate                     Securities Exchange Act of 1934 (the                    The Exchange proposes to adopt a
                                                  to Secretary, Securities and Exchange                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2                principles-based approach to prohibit
                                                  Commission, 100 F Street NE.,                             notice is hereby given that on December               the misuse of material non-public
                                                  Washington, DC 20549–1090.                                1, 2015, EDGX Exchange, Inc. (the                     information by Market Makers by
                                                  All submissions should refer to File                      ‘‘Exchange’’ or ‘‘EDGX’’) filed with the              deleting Rule 22.10 (Limitations on
                                                  Number SR–CBOE–2015–109. This file                        Securities and Exchange Commission                    Dealings). In doing so, the Exchange,
                                                  number should be included on the                          (‘‘Commission’’) the proposed rule                    with regard to EDGX Options, would
                                                  subject line if email is used. To help the                change as described in Items I and II                 harmonize its rules governing Market
                                                  Commission process and review your                        below, which Items have been prepared                 Makers and Options Members that are
                                                  comments more efficiently, please use                     by the Exchange. The Exchange has                     not Market Makers relating to the
                                                  only one method. The Commission will                      designated this proposal as a ‘‘non-                  protection against misuse of material,
                                                  post all comments on the Commission’s                     controversial’’ proposed rule change                  non-public information. The Exchange
                                                  Internet Web site (http://www.sec.gov/                    pursuant to Section 19(b)(3)(A) of the                believes that Rule 22.10 is no longer
                                                  rules/sro.shtml). Copies of the                           Act 3 and Rule 19b–4(f)(6)(iii)                       necessary because all Options Members,
                                                  submission, all subsequent                                thereunder,4 which renders it effective               including Market Makers, are subject to
                                                  amendments, all written statements                        upon filing with the Commission. The                  the Exchange’s generally applicable
                                                  with respect to the proposed rule                         Commission is publishing this notice to               principles-based requirements
                                                  change that are filed with the                            solicit comments on the proposed rule                 governing the protection against the
                                                  Commission, and all written                               change from interested persons.                       misuse of material, non-public
                                                  communications relating to the                                                                                  information, pursuant to Rule 5.5
                                                                                                            I. Self-Regulatory Organization’s
                                                  proposed rule change between the                                                                                (Prevention of the Misuse of Material,
                                                                                                            Statement of the Terms of Substance of
                                                  Commission and any person, other than                                                                           Non-Public Information), which
                                                                                                            the Proposed Rule Change
                                                  those that may be withheld from the                                                                             obviates the need for separately
                                                  public in accordance with the                                The Exchange filed a proposal for the              prescribed requirements for a subset of
                                                  provisions of 5 U.S.C. 552, will be                       EDGX Options Market (‘‘EDGX                           Exchange participants. Additionally,
                                                  available for Web site viewing and                        Options’’) to adopt a principles-based                there is no separate regulatory purpose
                                                  printing in the Commission’s Public                       approach to prohibit the misuse of                    served by having separate rules for
                                                  Reference Room, 100 F Street NE.,                         material nonpublic information by                     Market Makers. The Exchange notes that
                                                  Washington, DC 20549 on official                          Market Makers by deleting Rule 22.10                  this proposed rule change will not
                                                  business days between the hours of                        (Limitations on Dealings). The Exchange               decrease the protections against the
                                                  10:00 a.m. and 3:00 p.m. Copies of such                   has designated this proposal as non-                  misuse of material, non-public
                                                  filing also will be available for                         controversial and provided the                        information; instead, it is designed to
                                                  inspection and copying at the principal                   Commission with the notice required by                provide more flexibility to Options
                                                  office of the Exchange. All comments                      Rule 19b–4(f)(6)(iii) under the Act.5                 Members. This is a competitive filing
                                                  received will be posted without change;                      The text of the proposed rule change               that is based on a proposal recently
                                                  the Commission does not edit personal                     is available at the Exchange’s Web site               submitted by NYSE MKT LLC (‘‘NYSE
                                                  identifying information from                              at www.batstrading.com, at the                        MKT’’) and approved by the
                                                  submissions. You should submit only                       principal office of the Exchange, and at              Commission.6
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  information that you wish to make                         the Commission’s Public Reference
                                                                                                            Room.                                                 Background
                                                  available publicly. All submissions
                                                  should refer to File Number SR–CBOE–                                                                              The Exchange has two classes of
                                                  2015–109, and should be submitted on
                                                                                                              1 15 U.S.C. 78s(b)(1).                              EDGX Options participants.
                                                                                                              2 17 CFR 240.19b–4.
                                                  or before January 4, 2016.                                  3 15 U.S.C. 78s(b)(3)(A).                              6 See Securities Exchange Act Release No. 75432
                                                                                                              4 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                  (July 13, 2015), 80 FR 42597 (July 17, 2015) (Order
                                                    11 17   CFR 200.30–3(a)(12).                              5 17 CFR 240.19b–4(f)(6)(iii).                      Approving SR–NYSEMKT–2015–23).



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Document Created: 2018-03-02 09:12:49
Document Modified: 2018-03-02 09:12:49
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 77070 

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