81_FR_22002 81 FR 21931 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Approving a Proposed Rule Change Relating to LMMs and DPMs

81 FR 21931 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Approving a Proposed Rule Change Relating to LMMs and DPMs

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 71 (April 13, 2016)

Page Range21931-21932
FR Document2016-08426

Federal Register, Volume 81 Issue 71 (Wednesday, April 13, 2016)
[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Notices]
[Pages 21931-21932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08426]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77553; File No. SR-CBOE-2016-009]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Order Approving a Proposed Rule Change Relating to LMMs 
and DPMs

April 7, 2016.

I. Introduction

    On February 8, 2016, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission''), pursuant to Section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and 
Rule 19b-4 thereunder,\2\ a proposed rule change to amend its rules 
relating to Lead Market-Makers (``LMMs''), Designated Primary Market-
Makers (``DPMs'') and Supplemental Market-Makers (``SMMs''). The 
proposed rule change was published for comment in the Federal Register 
on February 26, 2016.\3\ The Commission received no comments on the 
proposal. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 77200 (February 22, 
2016), 81 FR 9910 (``Notice'').
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II. Description of the Proposed Rule Change \4\
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    \4\ A more detailed description of the proposed rule change 
appears in the Notice. See Notice, supra note 3.
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    The Exchange proposes to (i) reorganize, simplify and make 
consistent certain text relating to LMM and DPM obligations generally, 
(ii) amend its Rules related to LMMs, (iii) delete outdated references 
in its Rules to SMMs and other obsolete language and (iv) make other 
clarifying changes.
    Specifically, the Exchange proposes to make modifications to Rules 
8.15 (pertaining to LMMs in Hybrid 3.0 classes), 8.15A (pertaining to 
LMMs in Hybrid classes) and 8.85 (pertaining to DPMs) to modify the 
descriptions of certain obligations of LMMs and DPMs (e.g., obligations 
related to quote accuracy, bid/ask differentials, minimum size and 
trading rotations, competitive markets and promotion of the Exchange, 
and material operational or financial change notifications) to be more 
consistent with each other.\5\ The Exchange notes that LMMs and DPMs 
have substantially similar functions and obligations (including the 
same continuous quoting obligations, along with the same participation 
entitlement percentages), and therefore, having consistent language 
with respect to these obligations will simplify its rules and reflect 
the similar roles served by LMMs and DPMs.\6\
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    \5\ See Notice, supra note 3, at 9913.
    \6\ See id. Currently, the primary difference between LMMs and 
DPMs relates to their appointment terms. An LMM receives an 
appointment for a limited term (e.g., one month), while a DPM serves 
in that role until it resigns or the Exchange removes it from that 
role pursuant to Rule 8.90.
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    Of significance, CBOE proposes to change the opening quoting 
obligations of LMMs and DPMs. CBOE Rules 8.15A(b)(iv) and 8.85(a)(xi) 
require LMMs and DPMs, respectively, to ensure that a trading rotation 
is initiated promptly following the opening of the underlying security 
in 100% of the series of each allocated class by entering opening 
quotes as necessary. The Exchange proposes to modify the opening quote 
requirement to require that opening quotes must be entered within one 
minute in any series that is not open due to the lack of a quote. The 
proposed rule change also modifies the Rules' language to provide that 
the timing of the opening quoting obligation begins after the 
initiation of an opening rotation on the Exchange rather than after the 
opening of the underlying security.\7\
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    \7\ See Notice, supra note 3, at 9913.
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    CBOE also proposes to impose a continuous quoting obligation on 
LMMs in Hybrid 3.0 classes.\8\ LLMs in Hybrid classes currently must 
provide continuous electronic quotes in the lesser of 99% of the non-
adjusted option series or 100% of the non-adjusted option series minus 
one call-put pair, with the term ``call-put pair'' referring to one 
call and one put that cover the same underlying instrument and have the 
same expiration date and exercise price.\9\ According to CBOE, its 
rules currently do not prescribe for LMMs a continuous electronic 
quoting requirement for Hybrid 3.0 classes, though CBOE has 
historically assumed a requirement of at least 90% of the series of 
each appointed class for 99% of the time.\10\ CBOE now proposes to 
codify for LMMs a continuous quoting requirement for Hybrid 3.0 classes 
to be identical to the existing requirement for LMMs assigned to Hybrid 
classes.\11\
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    \8\ See Notice, supra note 3, at 9915.
    \9\ See CBOE Rule 8.15A(b)(i).
    \10\ See Notice, supra note 3, at 9915.
    \11\ See id. As proposed, this obligation would not apply to 
intra-day add-on series on the day during which such series are 
added for trading, and would apply to an LMM's appointed classes 
collectively. CBOE would determine compliance with an LMM's 
continuous electronic quoting obligation on a monthly basis 
(however, determining compliance with this obligation on a monthly 
basis would not relieve an LMM from meeting this obligation on a 
daily basis, nor would it prohibit the Exchange from taking 
disciplinary action against an LMM for failing to meet these 
obligations each trading day). Further, the proposed Rule would 
provide that when the underlying security for a class is in a limit 
up-limit down state, LMMs in Hybrid 3.0 classes would have no 
quoting obligations in the class. The Exchange represents that these 
obligations are identical to the obligations currently imposed on 
LMMs in Hybrid classes, as well as DPMs in Hybrid 3.0 classes. See 
Notice, supra note 3, at 9915.
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    The Exchange also proposes modifications to Rules 8.15, 8.15A, 8.83 
and 8.85 as they relate to the Off-Floor DPM and Off-/On-Floor LMM 
programs. For instance, CBOE proposes to amend Rule 8.83(g) to conform 
Hybrid 3.0 classes to Hybrid classes by providing that in a Hybrid 3.0 
class in which an Off-Floor DPM has been appointed, the Exchange also 
would be permitted to appoint an On-Floor LMM, which would be eligible 
to receive a participation entitlement under current

[[Page 21932]]

Rule 8.15B with respect to orders represented in open outcry.\12\
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    \12\ The provisions in current Rule 8.15A related to the on-
floor LMM program would apply to Hybrid 3.0 classes pursuant to 
proposed Rule 8.15.
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    CBOE also proposes that the Exchange have the discretion to appoint 
an On-Floor LMM in any class in which an Off-Floor LMM has been 
appointed, and that any such On-Floor LMM would be eligible to receive 
a participation entitlement under current Rule 8.15B with respect to 
orders represented in open outcry.\13\ The Exchange also proposes to 
treat Off-Floor LMMs in a manner similar to the current treatment of 
Off-Floor DPMs with respect to their quoting requirement and 
appointments.
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    \13\ See proposed Rule 8.15, Interpretation and Policy .01(c). 
This proposed change is consistent with the program for Off-Floor 
DPMs/On-Floor LMMs and would extend the applicability of the 
provision to Hybrid and Hybrid 3.0 classes that have Off-Floor LMMs 
(rather than Off-Floor DPMs).
---------------------------------------------------------------------------

    CBOE also proposes to make changes to eliminate obsolete 
references, including those related to individual LMMs, SMMs, an 
expired pilot program, the former Linkage Plan, and strike price 
interval, bid/ask differential and quote continuity requirements. 
Further, CBOE proposes to make non-substantive or technical 
modifications to Rules 1.1(fff) and (ggg), 3.2, 6.1A, 6.2A, 6.45A, 
6.45B, 6.74, 8.7, 8.13, 8.14, 8.15, 8.15A, 8.83, 8.85, 17.50, 22.14, 
24.9, and 29.17, including amendments to correct typographical errors, 
update headings, update cross-references to Rules 8.15, 8.15A and 
8.15B, make the rule text more plain English, and make the rule text 
more consistently organized, numbered and worded.

III. Discussion

    The Commission believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder applicable to the 
Exchange and, in particular, the requirements of Section 6(b) of the 
Act.\14\ Specifically, the Commission believes the proposed rule change 
is consistent with the Section 6(b)(5) \15\ 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. 
In addition, the Commission believes the proposed rule change is 
consistent with the Section 6(b)(5) \16\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
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    In particular, the Commission believes that the proposed rule 
changes to amend Rules 8.15, 8.15A and 8.85 to revise descriptions of 
obligations of LMMs in Hybrid 3.0 classes, LMMs in Hybrid classes, and 
DPMs, respectively, as well as to combine the LMM obligations into a 
single rule for all classes, should benefit investors by providing more 
uniformity to the Rules related to market participants with 
substantially similar functions that are subject to analogous 
obligations. In addition, the Commission believes that CBOE's proposal 
to impose a continuous quoting obligation on LMMs in Hybrid 3.0 classes 
that mirrors the existing continuous quoting obligation in Hybrid 
classes should help facilitate transactions in securities in a manner 
that protects investors and the public interest.
    The CBOE's proposal also slightly modifies the opening quoting 
obligations of LMMs and DPMs to include a specific time by which 
opening quotes must be entered. The Commission believes that the 
Exchange's proposal to require an opening quotation within one minute 
rather than promptly should provide DPMs and LMMs with clearer guidance 
regarding the opening quote obligation, which should facilitate 
compliance by LMMs and DPMs with this obligation. The Commission notes 
the Exchange's representation that nearly all series open for trading 
within this timeframe on a daily basis.\17\ Therefore, the Commission 
believes this time frame should not be unduly burdensome to LMMs and 
DPMs while still helping to ensure a timely opening.
---------------------------------------------------------------------------

    \17\ See Notice, supra note 3, at 9913.
---------------------------------------------------------------------------

    Further, the Commission believes the proposed revisions to the 
descriptions of the Off-Floor DPM and Off-/On-Floor LMM programs should 
clarify these programs, including with respect to appointments. Among 
other things, CBOE's proposal extends to Hybrid 3.0 classes certain 
provisions currently applicable to Hybrid classes, including on-floor 
appointments, and clarifies the effect on an on-floor appointment when 
an off-floor appointment is reallocated. These changes further 
harmonize Hybrid 3.0 with Hybrid and codify into the CBOE rules 
important detail regarding on and off-floor appointments.
    Finally, the Commission believes that the CBOE's proposal to 
eliminate obsolete provisions, including those related to individual 
LMMs, SMMs, an expired pilot program, the former Linkage Plan, as well 
as references to the non-applicability of strike price intervals, bid/
ask differentials, and quote continuity requirements for LEAPs, should 
protect investors by eliminating potential confusion that may result 
from incorrect references in CBOE's rules. With respect to strike price 
intervals, bid/ask differentials, and quote continuity requirements for 
LEAPs, the CBOE represents that other existing rules address those 
requirements \18\ and, therefore, the proposed rule change should have 
no effect on the regulatory requirements applicable to CBOE market 
makers. The Commission notes that the non-substantive, technical 
changes proposed should help to reduce duplication, simplify and 
provide clarity in the Exchange's rules, which should benefit all CBOE 
market participants.
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    \18\ See Notice, supra note 3, at 9917.
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IV. Conclusion

    It is therefore ordered pursuant to Section 19(b)(2) of the Act 
\19\ that the proposed rule change (SR-CBOE-2016-009), be and hereby is 
approved.
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    \19\ 15.U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08426 Filed 4-12-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices                                                    21931

                                                    only one method. The Commission will                    amend its rules relating to Lead Market-               that opening quotes must be entered
                                                    post all comments on the Commission’s                   Makers (‘‘LMMs’’), Designated Primary                  within one minute in any series that is
                                                    Internet Web site (http://www.sec.gov/                  Market-Makers (‘‘DPMs’’) and                           not open due to the lack of a quote. The
                                                    rules/sro.shtml). Copies of the                         Supplemental Market-Makers                             proposed rule change also modifies the
                                                    submission, all subsequent                              (‘‘SMMs’’). The proposed rule change                   Rules’ language to provide that the
                                                    amendments, all written statements                      was published for comment in the                       timing of the opening quoting obligation
                                                    with respect to the proposed rule                       Federal Register on February 26, 2016.3                begins after the initiation of an opening
                                                    change that are filed with the                          The Commission received no comments                    rotation on the Exchange rather than
                                                    Commission, and all written                             on the proposal. This order approves the               after the opening of the underlying
                                                    communications relating to the                          proposed rule change.                                  security.7
                                                    proposed rule change between the                                                                                  CBOE also proposes to impose a
                                                                                                            II. Description of the Proposed Rule
                                                    Commission and any person, other than                                                                          continuous quoting obligation on LMMs
                                                                                                            Change 4
                                                    those that may be withheld from the                                                                            in Hybrid 3.0 classes.8 LLMs in Hybrid
                                                    public in accordance with the                              The Exchange proposes to (i)                        classes currently must provide
                                                    provisions of 5 U.S.C. 552, will be                     reorganize, simplify and make
                                                                                                                                                                   continuous electronic quotes in the
                                                    available for Web site viewing and                      consistent certain text relating to LMM
                                                                                                                                                                   lesser of 99% of the non-adjusted option
                                                    printing in the Commission’s Public                     and DPM obligations generally, (ii)
                                                                                                                                                                   series or 100% of the non-adjusted
                                                    Reference Room, 100 F Street NE.,                       amend its Rules related to LMMs, (iii)
                                                                                                                                                                   option series minus one call-put pair,
                                                    Washington, DC 20549, on official                       delete outdated references in its Rules to
                                                                                                                                                                   with the term ‘‘call-put pair’’ referring to
                                                    business days between the hours of                      SMMs and other obsolete language and
                                                                                                                                                                   one call and one put that cover the same
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  (iv) make other clarifying changes.
                                                                                                               Specifically, the Exchange proposes to              underlying instrument and have the
                                                    filing also will be available for                                                                              same expiration date and exercise
                                                    inspection and copying at the principal                 make modifications to Rules 8.15
                                                                                                            (pertaining to LMMs in Hybrid 3.0                      price.9 According to CBOE, its rules
                                                    office of the Exchange. All comments                                                                           currently do not prescribe for LMMs a
                                                    received will be posted without change;                 classes), 8.15A (pertaining to LMMs in
                                                                                                            Hybrid classes) and 8.85 (pertaining to                continuous electronic quoting
                                                    the Commission does not edit personal                                                                          requirement for Hybrid 3.0 classes,
                                                    identifying information from                            DPMs) to modify the descriptions of
                                                                                                            certain obligations of LMMs and DPMs                   though CBOE has historically assumed
                                                    submissions. You should submit only                                                                            a requirement of at least 90% of the
                                                    information that you wish to make                       (e.g., obligations related to quote
                                                                                                            accuracy, bid/ask differentials,                       series of each appointed class for 99%
                                                    available publicly. All submissions                                                                            of the time.10 CBOE now proposes to
                                                    should refer to File Number SR–CBOE–                    minimum size and trading rotations,
                                                                                                            competitive markets and promotion of                   codify for LMMs a continuous quoting
                                                    2016–023, and should be submitted on                                                                           requirement for Hybrid 3.0 classes to be
                                                    or before May 4, 2016.                                  the Exchange, and material operational
                                                                                                            or financial change notifications) to be               identical to the existing requirement for
                                                      For the Commission, by the Division of                more consistent with each other.5 The                  LMMs assigned to Hybrid classes.11
                                                    Trading and Markets, pursuant to delegated                                                                        The Exchange also proposes
                                                    authority.11                                            Exchange notes that LMMs and DPMs
                                                                                                            have substantially similar functions and               modifications to Rules 8.15, 8.15A, 8.83
                                                    Robert W. Errett,                                                                                              and 8.85 as they relate to the Off-Floor
                                                                                                            obligations (including the same
                                                    Deputy Secretary.                                                                                              DPM and Off-/On-Floor LMM programs.
                                                                                                            continuous quoting obligations, along
                                                    [FR Doc. 2016–08427 Filed 4–12–16; 8:45 am]             with the same participation entitlement                For instance, CBOE proposes to amend
                                                    BILLING CODE 8011–01–P                                  percentages), and therefore, having                    Rule 8.83(g) to conform Hybrid 3.0
                                                                                                            consistent language with respect to                    classes to Hybrid classes by providing
                                                                                                            these obligations will simplify its rules              that in a Hybrid 3.0 class in which an
                                                    SECURITIES AND EXCHANGE                                                                                        Off-Floor DPM has been appointed, the
                                                                                                            and reflect the similar roles served by
                                                    COMMISSION                                                                                                     Exchange also would be permitted to
                                                                                                            LMMs and DPMs.6
                                                    [Release No. 34–77553; File No. SR–CBOE–                   Of significance, CBOE proposes to                   appoint an On-Floor LMM, which
                                                    2016–009]                                               change the opening quoting obligations                 would be eligible to receive a
                                                                                                            of LMMs and DPMs. CBOE Rules                           participation entitlement under current
                                                    Self-Regulatory Organizations;                          8.15A(b)(iv) and 8.85(a)(xi) require
                                                    Chicago Board Options Exchange,                         LMMs and DPMs, respectively, to                          7 See  Notice, supra note 3, at 9913.
                                                    Incorporated; Order Approving a                         ensure that a trading rotation is initiated              8 See  Notice, supra note 3, at 9915.
                                                    Proposed Rule Change Relating to                        promptly following the opening of the                     9 See CBOE Rule 8.15A(b)(i).

                                                    LMMs and DPMs                                           underlying security in 100% of the                        10 See Notice, supra note 3, at 9915.
                                                                                                                                                                      11 See id. As proposed, this obligation would not
                                                    April 7, 2016.                                          series of each allocated class by entering             apply to intra-day add-on series on the day during
                                                                                                            opening quotes as necessary. The                       which such series are added for trading, and would
                                                    I. Introduction                                         Exchange proposes to modify the                        apply to an LMM’s appointed classes collectively.
                                                       On February 8, 2016, Chicago Board                   opening quote requirement to require                   CBOE would determine compliance with an LMM’s
                                                                                                                                                                   continuous electronic quoting obligation on a
                                                    Options Exchange, Incorporated (the                                                                            monthly basis (however, determining compliance
                                                                                                              3 See Securities Exchange Act Release No. 77200
                                                    ‘‘Exchange’’ or ‘‘CBOE’’) filed with the                                                                       with this obligation on a monthly basis would not
                                                                                                            (February 22, 2016), 81 FR 9910 (‘‘Notice’’).
                                                    Securities and Exchange Commission                        4 A more detailed description of the proposed
                                                                                                                                                                   relieve an LMM from meeting this obligation on a
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (the ‘‘Commission’’), pursuant to                                                                              daily basis, nor would it prohibit the Exchange from
                                                                                                            rule change appears in the Notice. See Notice, supra   taking disciplinary action against an LMM for
                                                    Section 19(b)(1) of the Securities                      note 3.                                                failing to meet these obligations each trading day).
                                                    Exchange Act of 1934 (‘‘Act’’ or                          5 See Notice, supra note 3, at 9913.
                                                                                                                                                                   Further, the proposed Rule would provide that
                                                    ‘‘Exchange Act’’) 1 and Rule 19b–4                        6 See id. Currently, the primary difference          when the underlying security for a class is in a limit
                                                    thereunder,2 a proposed rule change to                  between LMMs and DPMs relates to their                 up-limit down state, LMMs in Hybrid 3.0 classes
                                                                                                            appointment terms. An LMM receives an                  would have no quoting obligations in the class. The
                                                                                                            appointment for a limited term (e.g., one month),      Exchange represents that these obligations are
                                                      11 17 CFR 200.30–3(a)(12).                            while a DPM serves in that role until it resigns or    identical to the obligations currently imposed on
                                                      1 15 U.S.C. 78s(b)(1).                                the Exchange removes it from that role pursuant to     LMMs in Hybrid classes, as well as DPMs in Hybrid
                                                      2 17 CFR 240.19b–4.                                   Rule 8.90.                                             3.0 classes. See Notice, supra note 3, at 9915.



                                               VerDate Sep<11>2014   17:41 Apr 12, 2016   Jkt 238001   PO 00000   Frm 00096   Fmt 4703   Sfmt 4703   E:\FR\FM\13APN1.SGM     13APN1


                                                    21932                        Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices

                                                    Rule 8.15B with respect to orders                       proposed rule change is consistent with                  obsolete provisions, including those
                                                    represented in open outcry.12                           the Section 6(b)(5) 16 requirement that                  related to individual LMMs, SMMs, an
                                                       CBOE also proposes that the Exchange                 the rules of an exchange not be designed                 expired pilot program, the former
                                                    have the discretion to appoint an On-                   to permit unfair discrimination between                  Linkage Plan, as well as references to
                                                    Floor LMM in any class in which an                      customers, issuers, brokers, or dealers.                 the non-applicability of strike price
                                                    Off-Floor LMM has been appointed, and                      In particular, the Commission                         intervals, bid/ask differentials, and
                                                    that any such On-Floor LMM would be                     believes that the proposed rule changes                  quote continuity requirements for
                                                    eligible to receive a participation                     to amend Rules 8.15, 8.15A and 8.85 to                   LEAPs, should protect investors by
                                                    entitlement under current Rule 8.15B                    revise descriptions of obligations of                    eliminating potential confusion that
                                                    with respect to orders represented in                   LMMs in Hybrid 3.0 classes, LMMs in                      may result from incorrect references in
                                                    open outcry.13 The Exchange also                        Hybrid classes, and DPMs, respectively,                  CBOE’s rules. With respect to strike
                                                    proposes to treat Off-Floor LMMs in a                   as well as to combine the LMM                            price intervals, bid/ask differentials, and
                                                    manner similar to the current treatment                 obligations into a single rule for all                   quote continuity requirements for
                                                    of Off-Floor DPMs with respect to their                 classes, should benefit investors by                     LEAPs, the CBOE represents that other
                                                    quoting requirement and appointments.                   providing more uniformity to the Rules                   existing rules address those
                                                       CBOE also proposes to make changes                   related to market participants with                      requirements 18 and, therefore, the
                                                    to eliminate obsolete references,                       substantially similar functions that are                 proposed rule change should have no
                                                    including those related to individual                   subject to analogous obligations. In                     effect on the regulatory requirements
                                                    LMMs, SMMs, an expired pilot                            addition, the Commission believes that                   applicable to CBOE market makers. The
                                                    program, the former Linkage Plan, and                   CBOE’s proposal to impose a                              Commission notes that the non-
                                                    strike price interval, bid/ask differential             continuous quoting obligation on LMMs                    substantive, technical changes proposed
                                                    and quote continuity requirements.                      in Hybrid 3.0 classes that mirrors the                   should help to reduce duplication,
                                                    Further, CBOE proposes to make non-                     existing continuous quoting obligation                   simplify and provide clarity in the
                                                    substantive or technical modifications                  in Hybrid classes should help facilitate                 Exchange’s rules, which should benefit
                                                    to Rules 1.1(fff) and (ggg), 3.2, 6.1A,                 transactions in securities in a manner                   all CBOE market participants.
                                                    6.2A, 6.45A, 6.45B, 6.74, 8.7, 8.13, 8.14,              that protects investors and the public
                                                    8.15, 8.15A, 8.83, 8.85, 17.50, 22.14,                  interest.                                                IV. Conclusion
                                                    24.9, and 29.17, including amendments                      The CBOE’s proposal also slightly                       It is therefore ordered pursuant to
                                                    to correct typographical errors, update                 modifies the opening quoting                             Section 19(b)(2) of the Act 19 that the
                                                    headings, update cross-references to                    obligations of LMMs and DPMs to                          proposed rule change (SR–CBOE–2016–
                                                    Rules 8.15, 8.15A and 8.15B, make the                   include a specific time by which                         009), be and hereby is approved.
                                                    rule text more plain English, and make                  opening quotes must be entered. The                        For the Commission, by the Division of
                                                    the rule text more consistently                         Commission believes that the                             Trading and Markets, pursuant to delegated
                                                    organized, numbered and worded.                         Exchange’s proposal to require an                        authority.20
                                                                                                            opening quotation within one minute
                                                    III. Discussion
                                                                                                            rather than promptly should provide                      Robert W. Errett,
                                                       The Commission believes the                          DPMs and LMMs with clearer guidance                      Deputy Secretary.
                                                    proposed rule change is consistent with                 regarding the opening quote obligation,                  [FR Doc. 2016–08426 Filed 4–12–16; 8:45 am]
                                                    the Act and the rules and regulations                   which should facilitate compliance by                    BILLING CODE 8011–01–P
                                                    thereunder applicable to the Exchange                   LMMs and DPMs with this obligation.
                                                    and, in particular, the requirements of                 The Commission notes the Exchange’s
                                                    Section 6(b) of the Act.14 Specifically,                representation that nearly all series                    SECURITIES AND EXCHANGE
                                                    the Commission believes the proposed                    open for trading within this timeframe                   COMMISSION
                                                    rule change is consistent with the                      on a daily basis.17 Therefore, the
                                                    Section 6(b)(5) 15 requirements that the                                                                         [File No. 500–1]
                                                                                                            Commission believes this time frame
                                                    rules of an exchange be designed to                     should not be unduly burdensome to
                                                    prevent fraudulent and manipulative                                                                              Order of Suspension of Trading; In the
                                                                                                            LMMs and DPMs while still helping to                     Matter of Business Marketing Services,
                                                    acts and practices, to promote just and                 ensure a timely opening.
                                                    equitable principles of trade, to foster                                                                         Inc., Diversified Corporate Resources,
                                                                                                               Further, the Commission believes the                  Inc., Great Lakes Recreation Co.,
                                                    cooperation and coordination with                       proposed revisions to the descriptions
                                                    persons engaged in regulating, clearing,                                                                         Green Nature USA, Inc., Green St.
                                                                                                            of the Off-Floor DPM and Off-/On-Floor                   Energy, Inc., International Total
                                                    settling, processing information with                   LMM programs should clarify these
                                                    respect to, and facilitating transactions                                                                        Services, Inc., J.P. Cabot Realty, Inc.,
                                                                                                            programs, including with respect to                      Multicom Publishing, Pan American
                                                    in securities, to remove impediments to                 appointments. Among other things,
                                                    and perfect the mechanism of a free and                                                                          Resources, Inc., Printron, Inc.,
                                                                                                            CBOE’s proposal extends to Hybrid 3.0                    Seaboard Associates, Inc., Sona
                                                    open market and a national market                       classes certain provisions currently
                                                    system, and, in general, to protect                                                                              Mobile Holdings Group, Ltd., Standard
                                                                                                            applicable to Hybrid classes, including                  Holdings Group, Ltd., TraceGuard
                                                    investors and the public interest. In                   on-floor appointments, and clarifies the
                                                    addition, the Commission believes the                                                                            Technologies, Inc., Tradings.net, Inc.,
                                                                                                            effect on an on-floor appointment when                   US-Worldlink.com, Inc., Versadial, Inc.,
                                                      12 The provisions in current Rule 8.15A related to
                                                                                                            an off-floor appointment is reallocated.                 Voxcorp, Inc., and W3OTC, Inc.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    the on-floor LMM program would apply to Hybrid
                                                                                                            These changes further harmonize
                                                    3.0 classes pursuant to proposed Rule 8.15.             Hybrid 3.0 with Hybrid and codify into                   April 11, 2016.
                                                      13 See proposed Rule 8.15, Interpretation and         the CBOE rules important detail                            It appears to the Securities and
                                                    Policy .01(c). This proposed change is consistent       regarding on and off-floor appointments.                 Exchange Commission that there is a
                                                    with the program for Off-Floor DPMs/On-Floor               Finally, the Commission believes that
                                                    LMMs and would extend the applicability of the
                                                                                                                                                                     lack of current and accurate information
                                                    provision to Hybrid and Hybrid 3.0 classes that         the CBOE’s proposal to eliminate
                                                    have Off-Floor LMMs (rather than Off-Floor DPMs).                                                                  18 See Notice, supra note 3, at 9917.
                                                      14 15 U.S.C. 78f(b).                                    16 Id.                                                   19 15.U.S.C.78s(b)(2).
                                                      15 15 U.S.C. 78f(b)(5).                                 17 See   Notice, supra note 3, at 9913.                  20 17 CFR 200.30–3(a)(12).




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Document Created: 2016-04-13 03:11:48
Document Modified: 2016-04-13 03:11:48
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 21931 

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