81_FR_19718 81 FR 19653 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule To Amend the Fees Schedule

81 FR 19653 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule To Amend the Fees Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 65 (April 5, 2016)

Page Range19653-19656
FR Document2016-07686

Federal Register, Volume 81 Issue 65 (Tuesday, April 5, 2016)
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Notices]
[Pages 19653-19656]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07686]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77479; File No. SR-CBOE-2016-026]


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

March 30, 2016.
    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 March 28, 2016, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I, II, and III below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the 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
Background
    FLEX Broad-Based Index Options provide users with the ability to 
customize key contract terms, like exercise prices, exercise styles, 
expiration dates and exercise settlement values. Pursuant to CBOE Rules 
24A.5 and 24B.5, to initiate a FLEX transaction, a Submitting Trading 
Permit Holder submits a Request for Quotes (``RFQs'') to a FLEX Post 
Official or into CBOE's Hybrid System.\3\ FLEX-participating Trading 
Permit Holders (``FLEX Traders''), who have elected to receive RFQs, 
may then enter bids and offers responsive to each RFQ during a 
specified Request Response Period.\4\
---------------------------------------------------------------------------

    \3\ See CBOE Rules 24A.5 and 24B.5.
    \4\ Id. See CBOE Rules 24A.5 and 24B.5 for additional 
information regarding FLEX trading procedures.
---------------------------------------------------------------------------

    On March 21, 2016, the Exchange will begin offering Asian style 
settlement and Cliquet style settlement for certain FLEX Broad-Based 
Index Options. In general, Asian style settlement provides for payout 
based on the average of prices of a broad-based index on pre-determined 
dates over a specified time period, and Cliquet style settlement 
provides for a payout that is the greater of $0 or the (positive) sum 
of ``capped'' monthly returns of a broad-based index on pre-determined 
dates over a specified period of time. These settlement types are also 
referred to as ``Exotics'' due to their untraditional nature.
    After surveying potential FLEX Broad-Based Index Options users, the 
Exchange learned that indexed annuity writers (insurance companies) 
extensively use over-the-counter (``OTC'') options with Asian and 
Cliquet style settlement as a crediting method.\5\ Because of the level 
of customization that FLEX Broad-Based Index options provide, the 
Exchange is introducing exchange-traded products that would provide 
potential market users with an alternative to the OTC market in 
customized options. The new settlement types were approved pursuant to 
a CBOE rule filing on July 10, 2015.\6\
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    \5\ A ``crediting method'' is the method used to measure the 
change in the underlying index (e.g., point-to-point or annual 
reset).
    \6\ See Securities Exchange Act Release No. 75312 (July 10, 
2016), 80 FR 42152 (July 16, 2016) (SR-CBOE-2015-044).
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Proposed Change
    The Exchange proposes an Exotic Surcharge of $0.25 to be assessed 
on all customer (``C'' origin code) Exotic contracts executed on 
CBOE.\7\ The Exotic surcharge will be assessed to those FLEX Traders 
who trade customer orders in FLEX Asian and Cliquet options.
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    \7\ The Exchange initially filed the proposed fee changes on 
March 17, 2016 (SR-CBOE-2016-020). On March 18, 2016, the Exchange 
withdrew that filing and replaced it with SR-CBOE-2016-022. On March 
24, 2016, the Exchange withdrew SR-CBOE-2016-022 and replaced it 
with SR-CBOE-2016-025. On March 28, 2016 the Exchange withdrew SR-
CBOE-2016-025 and replaced it with this filing.
---------------------------------------------------------------------------

    The Exchange also proposes a FLEX Asian and Cliquet FLEX Trader 
Incentive Program (``Program''). The Program will provide monthly 
payments to FLEX Traders who trade orders with origin codes other than 
``C'' against customer orders in FLEX Asian and Cliquet options. A 
compensation pool

[[Page 19654]]

equal to the lesser of 20% of customer exchange fees for Exotics 
(collected from customer orders traded against orders with origin codes 
other than ``C'') or $50,000 will be available each month.\8\ For 
example: (1) On SPX contracts, CBOE expects to collect $1.00 per 
contract (customer transaction fee of $0.44 \9\ + $0.10 CFLEX surcharge 
\10\ + $0.21 Hybrid 3.0 execution surcharge \11\ + $0.25 customer 
exotic surcharge); (2) on XSP contracts, CBOE expects to collect $0.35 
per contract ($0.00 customer transaction fee + $0.10 CFLEX surcharge + 
$0.25 customer exotic surcharge); (3) on DJX and RUT contracts, CBOE 
expects to collect $0.53 per contract ($0.18 customer transaction fee + 
$0.10 CFLEX surcharge + $0.25 customer exotic surcharge); and (4) on 
NDX contracts, CBOE expects to collect $0.43 per contract ($0.18 
standard index exchange fee + $0.25 customer exotic surcharge).
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    \8\ Fees collected from customer-to-customer FLEX Asian and 
Cliquet option transactions would be excluded from the compensation 
pool. Further, fees collected from contracts executed in a FLEX 
Trader's customer-to-customer transactions would not be included to 
determine the FLEX Trader's share of the compensation pool. Customer 
fees would be assessed normally on both sides of the transaction.
    \9\ SPX contract transaction fees are dependent upon premium 
prices. The parenthetical and the examples below assume executions 
at a premium price of $1.00 or greater.
    \10\ CFLEX surcharge fees are capped at $250 per trade and 
assessed on electronic FLEX transactions. The parenthetical and the 
examples below assume the $250 cap was not reached on any individual 
transaction and that the transactions were entered electronically.
    \11\ The Hybrid 3.0 execution surcharge is assessed for 
transactions in SPX contracts executed via the Hybrid 3.0 system. 
The parenthetical and the examples below assume the SPX transactions 
were executed via the Hybrid 3.0 system.
---------------------------------------------------------------------------

    A FLEX Trader will be entitled to a pro-rata share of the monthly 
compensation pool based on the customer order fees collected from 
customer orders traded against that FLEX Trader's orders with origin 
codes other than ``C'' in FLEX Asian and Cliquet options each month. 
The Exchange believes the Program will incentivize FLEX Traders to 
provide liquidity in FLEX Asian and Cliquet options. The Program shall 
be in place until December 31, 2016 or until total average daily volume 
in Exotics exceeds 15,000 contracts for three consecutive months, 
whichever comes first. At the time the FLEX Asian & Cliquet FLEX Trader 
Incentive Program ends, the Exchange will submit a rule filing removing 
the program from the fee schedule and notice shall be given via 
regulatory circular.
    The following examples demonstrate how the program will work when 
both the monthly cap is and is not reached.

                                       Example 1--Monthly Cap Not Reached
----------------------------------------------------------------------------------------------------------------
                                                   Total exotic
                                                     contracts
                                                  traded for the
                                                      month,
              Index                Customer fees   customer-to-    FLEX Trader 1   FLEX Trader 2   FLEX Trader 3
                                   per contract     orders with
                                                   origin codes
                                                    other than
                                                       ``C''
----------------------------------------------------------------------------------------------------------------
SPX.............................           $1.00          18,000           4,000           6,500           7,500
XSP.............................            0.35          10,500           2,500           3,000           5,000
DJX.............................            0.53          10,500           2,500           3,000           5,000
RUT.............................            0.53           3,000             500           1,000           1,500
NDX.............................            0.43           1,800             300             500           1,000
Total monthly Customer fees            29,604.00  ..............        6,594.00        9,885.00       13,125.00
 collected from Customer orders
 traded against orders with
 origin codes other than ``C''..
FLEX Trader % of fees collected   ..............  ..............          22.27%          33.39%          44.34%
 from Customer-to-orders with
 origin codes other than ``C''..
Compensation pool amount (i.e.          5,920.80  ..............  ..............  ..............  ..............
 20% of the Customer fees
 collected).....................
FLEX Trader's pro-rata share of   ..............  ..............        1,318.80        1,977.00        2,625.00
 compensation pool..............
----------------------------------------------------------------------------------------------------------------


                                        Example 2--Monthly Cap is Reached
----------------------------------------------------------------------------------------------------------------
                                                   Total exotic
                                                     contracts
                                                  traded for the
                                                      month,
              Index                Customer fees   customer-to-    FLEX Trader 1   FLEX Trader 2   FLEX Trader 3
                                   per contract     orders with
                                                   origin codes
                                                    other than
                                                       ``C''
----------------------------------------------------------------------------------------------------------------
SPX.............................           $1.00         180,000          40,000          65,000          75,000
XSP.............................            0.35         105,000          25,000          30,000          50,000
DJX.............................            0.53         105,000          25,000          30,000          50,000
RUT.............................            0.53          30,000           5,000          10,000          15,000
NDX.............................            0.43          18,000           3,000           5,000          10,000
Total monthly Customer fees           296,040.00  ..............      $65,940.00      $98,850.00     $131,250.00
 collected from Customer orders
 traded against orders with
 origin codes other than ``C''..
FLEX Trader % of fees collected   ..............  ..............          22.27%          33.39%          44.34%
 from Customer-to-orders with
 origin codes other than ``C''..
Compensation pool amount (i.e.         50,000.00  ..............  ..............  ..............  ..............
 20% of the Customer fees
 collected is 59,208.00, so cap
 applied).......................

[[Page 19655]]

 
FLEX Trader's pro-rata share of   ..............  ..............      $11,137.01      $16,695.38      $22,167.61
 compensation pool..............
----------------------------------------------------------------------------------------------------------------

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.\12\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \13\ 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 
Section 6(b)(4) of the Act,\14\ which requires that Exchange rules 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its Trading Permit Holders and other persons using 
its facilities.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the Exotic Surcharge of $0.25 is 
reasonable because the amount of the new fee is within the range of 
surcharges assessed for customer transactions in other products (for 
example, customers are currently assessed a $0.21 Hybrid 3.0 Execution 
Surcharge (which essentially acts as a customer priority surcharge) in 
SPX options). Furthermore, the Exchange believes customers are willing 
to pay premium exchange fees on FLEX Asian and Cliquet options to 
obtain traditional exchange-traded benefits, like price discovery, 
transparency and centralized clearing.
    The Exchange believes that it is equitable and not unfairly 
discriminatory to assess the Exotic Surcharge to customers and not 
other market participants because customers are not subject to 
additional costs for effecting transactions in FLEX Broad-Based Index 
options that are applicable to other market participants, such as 
license surcharges. Additionally, customers are not subject to fees for 
effecting transactions in general that are 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 believes it is reasonable, equitable and not unfairly 
discriminatory to offer FLEX Traders a pro-rata share of a compensation 
pool equal to the lesser of 20% of the customer exchange fees collected 
on FLEX Asian and Cliquet options (from customer orders traded against 
orders with origin codes other than ``C'') or $50,000. FLEX Asian and 
Cliquet options currently trade exclusively in the OTC market. The 
traditional benefits of exchange-traded options cannot be realized 
unless there is liquidity in the FLEX markets as compared to OTC. 
Providing FLEX Traders with incentives to trade FLEX Asian and Cliquet 
options should result in a more robust price discovery process that 
will result in better execution prices for customers. In addition, FLEX 
Traders in broad-based index options have equal opportunity to receive 
and respond to RFQs in FLEX Asian and Cliquet options and accordingly 
equal opportunity to receive a pro-rata allocation of the compensation 
pool (based upon the share of total fees collected from customer 
contracts against which the respective FLEX Trader trades orders with 
origin codes other than ``C'' orders).

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

    The Exchange does not believe that the proposed rule changes will 
impose any burdens on competition that are not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange does not 
believe that the proposed rule change will impose any burden on 
intramarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. While different transaction 
fees are assessed to different market participants, different market 
participants have different obligations and circumstances as noted 
above. Furthermore the incentive program encourages market participants 
to bring liquidity in FLEX Asian and Cliquet options to the Exchange 
(which benefits all market participants).
    The Exchange does not believe that the proposed rule changes will 
impose any burden on intermarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. As of March 21, 
2016, CBOE will be the only exchange to trade FLEX Asian and Cliquet 
options. 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. 
Finally, as mentioned above, FLEX Asian and Cliquet options on the CBOE 
will provide competition with OTC products while providing the benefits 
of trading on an exchange.

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 \15\ and paragraph (f) of Rule 19b-4 \16\ 
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

[[Page 19656]]

public interest, for the protection of investors, or otherwise in 
furtherance of the purposes of the Act. If the Commission takes such 
action, the Commission will institute proceedings to determine whether 
the proposed rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic 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-2016-026 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-2016-026. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2016-026 and should be 
submitted on or before April 26, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-07686 Filed 4-4-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                       Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices                                                  19653

                                                    these proceedings (Public                                  notice is hereby given that on March 28,              offers responsive to each RFQ during a
                                                    Representative).                                           2016, Chicago Board Options Exchange,                 specified Request Response Period.4
                                                      3. Comments are due no later than                        Incorporated (the ‘‘Exchange’’ or                        On March 21, 2016, the Exchange will
                                                    April 6, 2016.                                             ‘‘CBOE’’) filed with the Securities and               begin offering Asian style settlement
                                                      4. The Secretary shall arrange for                       Exchange Commission (the                              and Cliquet style settlement for certain
                                                    publication of this order in the Federal                   ‘‘Commission’’) the proposed rule                     FLEX Broad-Based Index Options. In
                                                    Register.                                                  change as described in Items I, II, and               general, Asian style settlement provides
                                                      By the Commission.                                       III below, which Items have been                      for payout based on the average of
                                                    Stacy L. Ruble,                                            prepared by the Exchange. The                         prices of a broad-based index on pre-
                                                    Secretary.                                                 Commission is publishing this notice to               determined dates over a specified time
                                                                                                                                                                     period, and Cliquet style settlement
                                                    [FR Doc. 2016–07680 Filed 4–4–16; 8:45 am]                 solicit comments on the proposed rule
                                                                                                                                                                     provides for a payout that is the greater
                                                    BILLING CODE 7710–FW–P                                     change from interested persons.
                                                                                                                                                                     of $0 or the (positive) sum of ‘‘capped’’
                                                                                                               I. Self-Regulatory Organization’s                     monthly returns of a broad-based index
                                                                                                               Statement of the Terms of Substance of                on pre-determined dates over a
                                                    POSTAL SERVICE                                                                                                   specified period of time. These
                                                                                                               the Proposed Rule Change
                                                                                                                                                                     settlement types are also referred to as
                                                    Product Change—Priority Mail and                             The Exchange proposes to amend the                  ‘‘Exotics’’ due to their untraditional
                                                    Parcel Select Negotiated Service                           Fees Schedule. The text of the proposed               nature.
                                                    Agreement                                                                                                           After surveying potential FLEX Broad-
                                                                                                               rule change is available on the
                                                    AGENCY:     Postal ServiceTM.                              Exchange’s Web site (http://                          Based Index Options users, the
                                                    ACTION:     Notice.                                        www.cboe.com/AboutCBOE/                               Exchange learned that indexed annuity
                                                                                                               CBOELegalRegulatoryHome.aspx), at                     writers (insurance companies)
                                                    SUMMARY:    The Postal Service gives                       the Exchange’s Office of the Secretary,               extensively use over-the-counter
                                                    notice of filing a request with the Postal                 and at the Commission’s Public                        (‘‘OTC’’) options with Asian and Cliquet
                                                    Regulatory Commission to add a                             Reference Room.                                       style settlement as a crediting method.5
                                                    domestic shipping services contract to                                                                           Because of the level of customization
                                                    the list of Negotiated Service                             II. Self-Regulatory Organization’s                    that FLEX Broad-Based Index options
                                                    Agreements in the Mail Classification                      Statement of the Purpose of, and                      provide, the Exchange is introducing
                                                    Schedule’s Competitive Products List.                      Statutory Basis for, the Proposed Rule                exchange-traded products that would
                                                    DATES: Effective date: April 5, 2016.                      Change                                                provide potential market users with an
                                                    FOR FURTHER INFORMATION CONTACT:                                                                                 alternative to the OTC market in
                                                                                                                 In its filing with the Commission, the              customized options. The new settlement
                                                    Elizabeth A. Reed, 202–268–3179.
                                                                                                               Exchange included statements                          types were approved pursuant to a
                                                    SUPPLEMENTARY INFORMATION: The
                                                                                                               concerning the purpose of and basis for               CBOE rule filing on July 10, 2015.6
                                                    United States Postal Service® hereby                       the proposed rule change and discussed
                                                    gives notice that, pursuant to 39 U.S.C.                   any comments it received on the                       Proposed Change
                                                    3642 and 3632(b)(3), on March 29, 2016,
                                                                                                               proposed rule change. The text of these                 The Exchange proposes an Exotic
                                                    it filed with the Postal Regulatory
                                                                                                               statements may be examined at the                     Surcharge of $0.25 to be assessed on all
                                                    Commission a Request of the United
                                                                                                               places specified in Item IV below. The                customer (‘‘C’’ origin code) Exotic
                                                    States Postal Service to Add Priority
                                                                                                               Exchange has prepared summaries, set                  contracts executed on CBOE.7 The
                                                    Mail & Parcel Select Contract 1 to
                                                                                                               forth in sections A, B, and C below, of               Exotic surcharge will be assessed to
                                                    Competitive Product List. Documents
                                                    are available at www.prc.gov, Docket                       the most significant aspects of such                  those FLEX Traders who trade customer
                                                    Nos. MC2016–113, CP2016–141.                               statements.                                           orders in FLEX Asian and Cliquet
                                                                                                                                                                     options.
                                                    Stanley F. Mires,                                          A. Self-Regulatory Organization’s                       The Exchange also proposes a FLEX
                                                    Attorney, Federal Compliance.                              Statement of the Purpose of, and                      Asian and Cliquet FLEX Trader
                                                                                                               Statutory Basis for, the Proposed Rule                Incentive Program (‘‘Program’’). The
                                                    [FR Doc. 2016–07676 Filed 4–4–16; 8:45 am]
                                                                                                               Change                                                Program will provide monthly payments
                                                    BILLING CODE 7710–P
                                                                                                               1. Purpose                                            to FLEX Traders who trade orders with
                                                                                                                                                                     origin codes other than ‘‘C’’ against
                                                                                                               Background                                            customer orders in FLEX Asian and
                                                    SECURITIES AND EXCHANGE
                                                    COMMISSION                                                                                                       Cliquet options. A compensation pool
                                                                                                                  FLEX Broad-Based Index Options
                                                    [Release No. 34–77479; File No. SR–CBOE–                   provide users with the ability to                        4 Id. See CBOE Rules 24A.5 and 24B.5 for
                                                    2016–026]                                                  customize key contract terms, like                    additional information regarding FLEX trading
                                                                                                               exercise prices, exercise styles,                     procedures.
                                                    Self-Regulatory Organizations;                             expiration dates and exercise settlement                 5 A ‘‘crediting method’’ is the method used to

                                                    Chicago Board Options Exchange,                            values. Pursuant to CBOE Rules 24A.5                  measure the change in the underlying index (e.g.,
                                                                                                                                                                     point-to-point or annual reset).
                                                    Incorporated; Notice of Filing and                         and 24B.5, to initiate a FLEX                            6 See Securities Exchange Act Release No. 75312
                                                    Immediate Effectiveness of a Proposed                      transaction, a Submitting Trading                     (July 10, 2016), 80 FR 42152 (July 16, 2016) (SR–
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Rule To Amend the Fees Schedule                            Permit Holder submits a Request for                   CBOE–2015–044).
                                                                                                                                                                        7 The Exchange initially filed the proposed fee
                                                    March 30, 2016.                                            Quotes (‘‘RFQs’’) to a FLEX Post Official
                                                                                                                                                                     changes on March 17, 2016 (SR–CBOE–2016–020).
                                                       Pursuant to Section 19(b)(1) of the                     or into CBOE’s Hybrid System.3 FLEX-                  On March 18, 2016, the Exchange withdrew that
                                                    Securities Exchange Act of 1934 (the                       participating Trading Permit Holders                  filing and replaced it with SR–CBOE–2016–022. On
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     (‘‘FLEX Traders’’), who have elected to               March 24, 2016, the Exchange withdrew SR–CBOE–
                                                                                                               receive RFQs, may then enter bids and                 2016–022 and replaced it with SR–CBOE–2016–
                                                                                                                                                                     025. On March 28, 2016 the Exchange withdrew
                                                      1 15   U.S.C. 78s(b)(1).                                                                                       SR–CBOE–2016–025 and replaced it with this
                                                      2 17   CFR 240.19b–4.                                      3 See   CBOE Rules 24A.5 and 24B.5.                 filing.



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                                                    19654                                       Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices

                                                    equal to the lesser of 20% of customer                                       contracts, CBOE expects to collect $0.53                                    incentivize FLEX Traders to provide
                                                    exchange fees for Exotics (collected                                         per contract ($0.18 customer transaction                                    liquidity in FLEX Asian and Cliquet
                                                    from customer orders traded against                                          fee + $0.10 CFLEX surcharge + $0.25                                         options. The Program shall be in place
                                                    orders with origin codes other than ‘‘C’’)                                   customer exotic surcharge); and (4) on                                      until December 31, 2016 or until total
                                                    or $50,000 will be available each                                            NDX contracts, CBOE expects to collect                                      average daily volume in Exotics exceeds
                                                    month.8 For example: (1) On SPX                                              $0.43 per contract ($0.18 standard index                                    15,000 contracts for three consecutive
                                                    contracts, CBOE expects to collect $1.00                                     exchange fee + $0.25 customer exotic                                        months, whichever comes first. At the
                                                    per contract (customer transaction fee of                                    surcharge).                                                                 time the FLEX Asian & Cliquet FLEX
                                                                                                                                   A FLEX Trader will be entitled to a
                                                    $0.44 9 + $0.10 CFLEX surcharge 10                                                                                                                       Trader Incentive Program ends, the
                                                                                                                                 pro-rata share of the monthly
                                                    + $0.21 Hybrid 3.0 execution                                                                                                                             Exchange will submit a rule filing
                                                                                                                                 compensation pool based on the
                                                    surcharge 11 + $0.25 customer exotic                                                                                                                     removing the program from the fee
                                                                                                                                 customer order fees collected from
                                                    surcharge); (2) on XSP contracts, CBOE                                       customer orders traded against that                                         schedule and notice shall be given via
                                                    expects to collect $0.35 per contract                                        FLEX Trader’s orders with origin codes                                      regulatory circular.
                                                    ($0.00 customer transaction fee + $0.10                                      other than ‘‘C’’ in FLEX Asian and                                             The following examples demonstrate
                                                    CFLEX surcharge + $0.25 customer                                             Cliquet options each month. The                                             how the program will work when both
                                                    exotic surcharge); (3) on DJX and RUT                                        Exchange believes the Program will                                          the monthly cap is and is not reached.
                                                                                                                             EXAMPLE 1—MONTHLY CAP NOT REACHED
                                                                                                                                                                                Total exotic
                                                                                                                                                                                 contracts
                                                                                                                                                                              traded for the
                                                                                                                                                   Customer fees                  month,
                                                                                             Index                                                                                                       FLEX Trader 1              FLEX Trader 2              FLEX Trader 3
                                                                                                                                                    per contract               customer-to-
                                                                                                                                                                                orders with
                                                                                                                                                                               origin codes
                                                                                                                                                                              other than ‘‘C’’

                                                    SPX ......................................................................................                    $1.00                   18,000                        4,000                      6,500                     7,500
                                                    XSP ......................................................................................                     0.35                   10,500                        2,500                      3,000                     5,000
                                                    DJX ......................................................................................                     0.53                   10,500                        2,500                      3,000                     5,000
                                                    RUT ......................................................................................                     0.53                    3,000                          500                      1,000                     1,500
                                                    NDX ......................................................................................                     0.43                    1,800                          300                        500                     1,000
                                                    Total monthly Customer fees collected from Customer or-
                                                      ders traded against orders with origin codes other than
                                                      ‘‘C’’ ....................................................................................          29,604.00           ........................             6,594.00                  9,885.00                  13,125.00
                                                    FLEX Trader % of fees collected from Customer-to-orders
                                                      with origin codes other than ‘‘C’’ ......................................                    ........................   ........................              22.27%                     33.39%                     44.34%
                                                    Compensation pool amount (i.e. 20% of the Customer
                                                      fees collected) ..................................................................                     5,920.80         ........................   ........................   ........................   ........................
                                                    FLEX Trader’s pro-rata share of compensation pool ..........                                   ........................   ........................             1,318.80                   1,977.00                   2,625.00


                                                                                                                               EXAMPLE 2—MONTHLY CAP IS REACHED
                                                                                                                                                                                Total exotic
                                                                                                                                                                                 contracts
                                                                                                                                                                              traded for the
                                                                                                                                                   Customer fees                  month,
                                                                                             Index                                                                                                       FLEX Trader 1              FLEX Trader 2              FLEX Trader 3
                                                                                                                                                    per contract               customer-to-
                                                                                                                                                                                orders with
                                                                                                                                                                               origin codes
                                                                                                                                                                              other than ‘‘C’’

                                                    SPX ......................................................................................                    $1.00                  180,000                     40,000                     65,000                     75,000
                                                    XSP ......................................................................................                     0.35                  105,000                     25,000                     30,000                     50,000
                                                    DJX ......................................................................................                     0.53                  105,000                     25,000                     30,000                     50,000
                                                    RUT ......................................................................................                     0.53                   30,000                      5,000                     10,000                     15,000
                                                    NDX ......................................................................................                     0.43                   18,000                      3,000                      5,000                     10,000
                                                    Total monthly Customer fees collected from Customer or-
                                                      ders traded against orders with origin codes other than
                                                      ‘‘C’’ ....................................................................................        296,040.00            ........................        $65,940.00                  $98,850.00               $131,250.00
                                                    FLEX Trader % of fees collected from Customer-to-orders
                                                      with origin codes other than ‘‘C’’ ......................................                    ........................   ........................              22.27%                     33.39%                     44.34%
                                                    Compensation pool amount (i.e. 20% of the Customer
                                                      fees collected is 59,208.00, so cap applied) ...................                                     50,000.00          ........................   ........................   ........................   ........................
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                                                       8 Fees collected from customer-to-customer FLEX                              9 SPX contract transaction fees are dependent                            transaction and that the transactions were entered
                                                    Asian and Cliquet option transactions would be                               upon premium prices. The parenthetical and the                              electronically.
                                                    excluded from the compensation pool. Further, fees                           examples below assume executions at a premium                                  11 The Hybrid 3.0 execution surcharge is assessed
                                                    collected from contracts executed in a FLEX                                  price of $1.00 or greater.                                                  for transactions in SPX contracts executed via the
                                                    Trader’s customer-to-customer transactions would                                10 CFLEX surcharge fees are capped at $250 per
                                                    not be included to determine the FLEX Trader’s                                                                                                           Hybrid 3.0 system. The parenthetical and the
                                                    share of the compensation pool. Customer fees                                trade and assessed on electronic FLEX transactions.                         examples below assume the SPX transactions were
                                                    would be assessed normally on both sides of the                              The parenthetical and the examples below assume                             executed via the Hybrid 3.0 system.
                                                    transaction.                                                                 the $250 cap was not reached on any individual



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                                                                                     Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices                                                                 19655

                                                                                                   EXAMPLE 2—MONTHLY CAP IS REACHED—Continued
                                                                                                                                                       Total exotic
                                                                                                                                                        contracts
                                                                                                                                                     traded for the
                                                                                                                          Customer fees                  month,
                                                                                   Index                                                                                        FLEX Trader 1        FLEX Trader 2    FLEX Trader 3
                                                                                                                           per contract               customer-to-
                                                                                                                                                       orders with
                                                                                                                                                      origin codes
                                                                                                                                                     other than ‘‘C’’

                                                    FLEX Trader’s pro-rata share of compensation pool ..........          ........................   ........................      $11,137.01            $16,695.38      $22,167.61



                                                    2. Statutory Basis                                       market participants because customers                                proposed rule change will impose any
                                                       The Exchange believes the proposed                    are not subject to additional costs for                              burden on intramarket competition that
                                                    rule change is consistent with the                       effecting transactions in FLEX Broad-                                is not necessary or appropriate in
                                                    Securities Exchange Act of 1934 (the                     Based Index options that are applicable                              furtherance of the purposes of the Act.
                                                    ‘‘Act’’) and the rules and regulations                   to other market participants, such as                                While different transaction fees are
                                                    thereunder applicable to the Exchange                    license surcharges. Additionally,                                    assessed to different market
                                                    and, in particular, the requirements of                  customers are not subject to fees for                                participants, different market
                                                    Section 6(b) of the Act.12 Specifically,                 effecting transactions in general that are                           participants have different obligations
                                                    the Exchange believes the proposed rule                  applicable to other market participants,                             and circumstances as noted above.
                                                    change is consistent with the Section                    such as connectivity fees and fees                                   Furthermore the incentive program
                                                    6(b)(5) 13 requirements that the rules of                relating to Trading Permits, and are not                             encourages market participants to bring
                                                    an exchange be designed to prevent                       subject to the same obligations as other                             liquidity in FLEX Asian and Cliquet
                                                    fraudulent and manipulative acts and                     market participants, including                                       options to the Exchange (which benefits
                                                    practices, to promote just and equitable                 regulatory and compliance requirements                               all market participants).
                                                    principles of trade, to foster cooperation               and quoting obligations.                                                The Exchange does not believe that
                                                    and coordination with persons engaged                       The Exchange believes it is                                       the proposed rule changes will impose
                                                    in regulating, clearing, settling,                       reasonable, equitable and not unfairly                               any burden on intermarket competition
                                                    processing information with respect to,                  discriminatory to offer FLEX Traders a                               that is not necessary or appropriate in
                                                    and facilitating transactions in                         pro-rata share of a compensation pool                                furtherance of the purposes of the Act.
                                                    securities, to remove impediments to                     equal to the lesser of 20% of the                                    As of March 21, 2016, CBOE will be the
                                                    and perfect the mechanism of a free and                  customer exchange fees collected on                                  only exchange to trade FLEX Asian and
                                                    open market and a national market                        FLEX Asian and Cliquet options (from                                 Cliquet options. To the extent that the
                                                    system, and, in general, to protect                      customer orders traded against orders                                proposed changes make CBOE a more
                                                    investors and the public interest.                       with origin codes other than ‘‘C’’) or                               attractive marketplace for market
                                                    Additionally, the Exchange believes the                  $50,000. FLEX Asian and Cliquet                                      participants at other exchanges, such
                                                    proposed rule change is consistent with                  options currently trade exclusively in                               market participants are welcome to
                                                    Section 6(b)(4) of the Act,14 which                      the OTC market. The traditional benefits                             become CBOE market participants.
                                                    requires that Exchange rules provide for                 of exchange-traded options cannot be                                 Finally, as mentioned above, FLEX
                                                    the equitable allocation of reasonable                   realized unless there is liquidity in the                            Asian and Cliquet options on the CBOE
                                                    dues, fees, and other charges among its                  FLEX markets as compared to OTC.                                     will provide competition with OTC
                                                    Trading Permit Holders and other                         Providing FLEX Traders with incentives                               products while providing the benefits of
                                                    persons using its facilities.                            to trade FLEX Asian and Cliquet options                              trading on an exchange.
                                                       The Exchange believes that the Exotic                 should result in a more robust price
                                                                                                             discovery process that will result in                                C. Self-Regulatory Organization’s
                                                    Surcharge of $0.25 is reasonable because
                                                                                                             better execution prices for customers. In                            Statement on Comments on the
                                                    the amount of the new fee is within the
                                                    range of surcharges assessed for                         addition, FLEX Traders in broad-based                                Proposed Rule Change Received From
                                                    customer transactions in other products                  index options have equal opportunity to                              Members, Participants, or Others
                                                    (for example, customers are currently                    receive and respond to RFQs in FLEX                                    The Exchange neither solicited nor
                                                    assessed a $0.21 Hybrid 3.0 Execution                    Asian and Cliquet options and                                        received comments on the proposed
                                                    Surcharge (which essentially acts as a                   accordingly equal opportunity to receive                             rule change.
                                                    customer priority surcharge) in SPX                      a pro-rata allocation of the
                                                                                                             compensation pool (based upon the                                    III. Date of Effectiveness of the
                                                    options). Furthermore, the Exchange                                                                                           Proposed Rule Change and Timing for
                                                    believes customers are willing to pay                    share of total fees collected from
                                                                                                             customer contracts against which the                                 Commission Action
                                                    premium exchange fees on FLEX Asian
                                                    and Cliquet options to obtain traditional                respective FLEX Trader trades orders                                    The foregoing rule change has become
                                                    exchange-traded benefits, like price                     with origin codes other than ‘‘C’’                                   effective pursuant to Section 19(b)(3)(A)
                                                    discovery, transparency and centralized                  orders).                                                             of the Act 15 and paragraph (f) of Rule
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    clearing.                                                                                                                     19b–4 16 thereunder. At any time within
                                                                                                             B. Self-Regulatory Organization’s
                                                       The Exchange believes that it is                                                                                           60 days of the filing of the proposed rule
                                                                                                             Statement on Burden on Competition
                                                    equitable and not unfairly                                                                                                    change, the Commission summarily may
                                                    discriminatory to assess the Exotic                        The Exchange does not believe that                                 temporarily suspend such rule change if
                                                    Surcharge to customers and not other                     the proposed rule changes will impose                                it appears to the Commission that such
                                                                                                             any burdens on competition that are not                              action is necessary or appropriate in the
                                                      12 15 U.S.C. 78f(b).                                   necessary or appropriate in furtherance
                                                      13 15 U.S.C. 78f(b)(5).                                of the purposes of the Act. The                                        15 15   U.S.C. 78s(b)(3)(A).
                                                      14 15 U.S.C. 78f(b)(4).                                Exchange does not believe that the                                     16 17   CFR 240.19b–4(f).



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                                                    19656                           Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices

                                                    public interest, for the protection of                  2016–026 and should be submitted on                   Fund II, L.P., OHA AD Customized
                                                    investors, or otherwise in furtherance of               or before April 26, 2016.                             Credit Fund (International), L.P., OHA
                                                    the purposes of the Act. If the                           For the Commission, by the Division of              BCSS SSD, L.P., OHA BCSS SSD, Ltd.,
                                                    Commission takes such action, the                       Trading and Markets, pursuant to delegated            OHA MPS SSD, L.P. and OHA MPS
                                                    Commission will institute proceedings                   authority.17                                          SSD, Ltd. (together, the ‘‘Existing Co-
                                                    to determine whether the proposed rule                  Robert W. Errett,                                     Investment Affiliates,’’ and the Existing
                                                    change should be approved or                            Deputy Secretary.                                     Co-Investment Affiliates together with
                                                    disapproved.                                            [FR Doc. 2016–07686 Filed 4–4–16; 8:45 am]
                                                                                                                                                                  OHAI and OHA, the ‘‘Applicants’’).
                                                    IV. Solicitation of Comments                            BILLING CODE 8011–01–P                                DATES: Filing Dates: The application
                                                                                                                                                                  was filed on June 5, 2015 and amended
                                                      Interested persons are invited to                                                                           on October 19, 2015, December 18,
                                                    submit written data, views, and                         SECURITIES AND EXCHANGE                               2015, and March 18, 2016.
                                                    arguments concerning the foregoing,                     COMMISSION                                               Hearing or Notification of Hearing: An
                                                    including whether the proposed rule                                                                           order granting the requested relief will
                                                    change is consistent with the Act.                      [Release No. IC–32061; File No. 812–14482]
                                                                                                                                                                  be issued unless the Commission orders
                                                    Comments may be submitted by any of                                                                           a hearing. Interested persons may
                                                    the following methods:                                  OHA Investment Corporation, et al.;
                                                                                                            Notice of Application                                 request a hearing by writing to the
                                                    Electronic Comments                                                                                           Commission’s Secretary and serving
                                                                                                            March 30, 2016.                                       applicants with a copy of the request,
                                                      • Use the Commission’s Internet                       AGENCY:  Securities and Exchange                      personally or by mail. Hearing requests
                                                    comment form (http://www.sec.gov/                       Commission (‘‘Commission’’).                          should be received by the Commission
                                                    rules/sro.shtml); or                                                                                          by 5:30 p.m. on April 22, 2016, and
                                                                                                            ACTION: Notice of application for an
                                                      • Send an email to rule-comments@                                                                           should be accompanied by proof of
                                                                                                            order under sections 17(d) and 57(i) of
                                                    sec.gov. Please include File Number SR–                                                                       service on applicants, in the form of an
                                                                                                            the Investment Company Act of 1940
                                                    CBOE–2016–026 on the subject line.                                                                            affidavit or, for lawyers, a certificate of
                                                                                                            (the ‘‘Act’’) and rule 17d–1 under the
                                                    Paper Comments                                          Act to permit certain joint transactions              service. Pursuant to rule 0–5 under the
                                                                                                            otherwise prohibited by sections 17(d)                Act, hearing requests should state the
                                                       • Send paper comments in triplicate                                                                        nature of the writer’s interest, any facts
                                                    to Secretary, Securities and Exchange                   and 57(a)(4) of the Act and rule 17d–1
                                                                                                            under the Act.                                        bearing upon the desirability of a
                                                    Commission, 100 F Street NE.,                                                                                 hearing on the matter, the reason for the
                                                    Washington, DC 20549–1090.                                 Summary of Application: Applicants                 request, and the issues contested.
                                                    All submissions should refer to File                    request an order to permit certain                    Persons who wish to be notified of a
                                                    Number SR–CBOE–2016–026. This file                      business development companies                        hearing may request notification by
                                                    number should be included on the                        (‘‘BDCs’’) and closed-end management                  writing to the Commission’s Secretary.
                                                    subject line if email is used. To help the              investment companies to co-invest in                  ADDRESSES: Secretary, U.S. Securities
                                                    Commission process and review your                      portfolio companies with each other and               and Exchange Commission, 100 F St.
                                                    comments more efficiently, please use                   with affiliated investment funds.                     NE., Washington, DC 20549–1090.
                                                    only one method. The Commission will                       Applicants: OHA Investment                         Applicants: 1114 Avenue of the
                                                    post all comments on the Commission’s                   Corporation (‘‘OHAI’’); Oak Hill                      Americas, 27th Floor, New York, NY
                                                    Internet Web site (http://www.sec.gov/                  Advisors, L.P. (‘‘OHA’’); OHA Funding                 10036.
                                                    rules/sro.shtml). Copies of the                         GP, LLC, OHA Asset Holdings GP, LLC,
                                                    submission, all subsequent                              OHA Asset Holdings, LP, OHA Asset                     FOR FURTHER INFORMATION CONTACT:    Jill
                                                    amendments, all written statements                      Holdings II, LP, OHA Asset Holdings III,              Ehrlich, Senior Counsel, at (202) 551–
                                                    with respect to the proposed rule                       LP, OHA Asset Holdings V, LP, OHA                     6819 or Dalia Osman Blass, Assistant
                                                    change that are filed with the                          Asset Holdings VI, LP, OHA Funding,                   Chief Counsel, at (202) 551–6821
                                                    Commission, and all written                             LP, OHA/OCI Investments, LLC, OHA                     (Division of Investment Management,
                                                    communications relating to the                          Nevada, LLC, Oak Hill Credit                          Chief Counsel’s Office).
                                                    proposed rule change between the                        Opportunities Master Fund, Ltd., Oak                  SUPPLEMENTARY INFORMATION: The
                                                    Commission and any person, other than                   Hill Credit Opportunities Fund, L.P.,                 following is a summary of the
                                                    those that may be withheld from the                     OHA Diversified Credit Strategies Fund                application. The complete application
                                                    public in accordance with the                           Master, L.P., OHA Diversified Credit                  may be obtained via the Commission’s
                                                    provisions of 5 U.S.C. 552, will be                     Strategies Fund, L.P., OHA Diversified                Web site by searching for the file
                                                    available for Web site viewing and                      Credit Strategies Fund (Parallel), L.P.,              number, or for an applicant using the
                                                    printing in the Commission’s Public                     OHA Diversified Credit Strategies                     Company name box, at http://
                                                    Reference Room, 100 F Street NE.,                       Master Fund (Parallel II), L.P., OHA                  www.sec.gov/search/search.htm or by
                                                    Washington, DC 20549 on official                        Diversified Credit Strategies Tractor                 calling (202) 551–8090.
                                                    business days between the hours of                      Master Fund, L.P., OHA Structured                     Applicants’ Representations
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  Products Master Fund C, L.P., OHA Asia
                                                    filing also will be available for                       Customized Credit Fund, L.P., OHA                       1. OHAI is a Maryland corporation
                                                    inspection and copying at the principal                 Denmark Customized Credit Fund, L.P.,                 organized as a non-diversified, closed-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    office of the Exchange. All comments                    OHA Centre Street Partnership, L.P.,                  end management investment company
                                                    received will be posted without change;                 OHA Custom Multi-Sector Credit Master                 that has elected to be regulated as a BDC
                                                    the Commission does not edit personal                   Fund, L.P., OHA Custom Multi-Sector                   under the Act.1 OHAI’s investment
                                                    identifying information from                            Credit Fund, Ltd., OHA Finlandia Credit
                                                                                                                                                                    1 Section 2(a)(48) defines a BDC to be any closed-
                                                    submissions. You should submit only                     Fund, L.P., OHA Strategic Credit Master
                                                                                                                                                                  end investment company that operates for the
                                                    information that you wish to make                       Fund II, L.P., OHA Strategic Credit                   purpose of making investments in securities
                                                    available publicly. All submissions                                                                           described in sections 55(a)(1) through 55(a)(3) of the
                                                    should refer to File Number SR–CBOE–                      17 17   CFR 200.30–3(a)(12).                        Act and makes available significant managerial



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Document Created: 2018-02-07 13:54:00
Document Modified: 2018-02-07 13:54:00
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 Citation81 FR 19653 

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