81_FR_22220 81 FR 22148 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to SPXPM Pilot Program

81 FR 22148 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to SPXPM Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 72 (April 14, 2016)

Page Range22148-22150
FR Document2016-08560

Federal Register, Volume 81 Issue 72 (Thursday, April 14, 2016)
[Federal Register Volume 81, Number 72 (Thursday, April 14, 2016)]
[Notices]
[Pages 22148-22150]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08560]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77573; File No. SR-CBOE-2016-036]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to SPXPM Pilot Program

April 8, 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 April 7, 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 and II below, which Items have been prepared by the 
Exchange. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 
\3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to extend the operation of its SPXPM pilot 
program through May 3, 2017. The text of the proposed rule change is 
provided below.

(additions are italicized; deletions are [bracketed])
* * * * *

Chicago Board Options Exchange, Incorporated

Rules

* * * * *

Rule 24.9. Terms of Index Option Contracts

    No change.
    . . . Interpretations and Policies:
    .01-.13 No change.
    .14 In addition to A.M.-settled Standard & Poor's 500 Stock Index 
options approved for trading on the Exchange pursuant to Rule 24.9, the 
Exchange may also list options on the S&P 500 Index whose exercise 
settlement value is derived from closing prices on the last trading day 
prior to expiration (``SPXPM''). The Exchange may also list options on 
the Mini-SPX Index (``XSP'') whose exercise settlement value is derived 
from closing prices on the last trading day prior to expiration 
(``P.M.-settled''). SPXPM options and P.M.-settled XSP options will be 
listed for trading for a pilot period ending May 3, 201[6]7.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On February 8, 2013, the Exchange received approval of a rule 
change that established a Pilot Program that allows the Exchange to 
list options on the S&P 500 Index whose exercise settlement value is 
derived from closing prices on the last trading day prior to expiration 
(``SPXPM'').\5\ On July 31, 2013, the Exchange received approval of a 
rule change that amended the Pilot Program to allow the Exchange to 
list options on the Mini-SPX Index (``XSP'') whose exercise settlement 
value is derived from closing prices on the last trading day prior to 
expiration (``P.M.-settled'') \6\ (together, SPXPM and P.M.-settled XSP 
to be referred to herein as the ``Pilot Products'').\7\ In January 
2014, the

[[Page 22149]]

Exchange filed a proposed rule change that extended the end date of the 
pilot period from February 8, 2014 to November 3, 2014.\8\ 
Additionally, in October 2014, the Exchange filed a proposed rule 
change that extended the end date of the pilot period from November 3, 
2014 to May 3, 2016.\9\ The Exchange hereby proposes to further extend 
the end date of the pilot period to May 3, 2017.
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    \5\ See Securities Exchange Act Release No. 68888 (February 8, 
2013), 78 FR 10668) (February 14, 2013) (SR-CBOE-2012-120) (the 
``SPXPM Approval Order'').
    \6\ See Securities Exchange Act Release No. 70087 (July 31, 
2013), 78 FR 47809 (August 6, 2013) (SR-CBOE-2013-055) (the ``P.M.-
settled XSP Approval Order'').
    \7\ For more information on the Pilot Products or the Pilot 
Program, see the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order.
    \8\ See Securities Exchange Act Release No. 71424 (January 28, 
2014), 79 FR 6249 (February 3, 2014) (SR-CBOE-2014-004).
    \9\ See Securities Exchange Act Release No. 73338 (October 10, 
2014), 79 FR 62502 (October 17, 2014) (SR-CBOE-2014-076).
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    During the course of the Pilot Program and in support of the 
extensions of the Pilot Program, the Exchange submits to the Securities 
and Exchange Commission (the ``Commission'') reports regarding the 
Pilot Program that detail the Exchange's experience with the Pilot 
Program, pursuant to the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order. To date, the Exchange has submitted two annual Pilot 
Program reports to the Commission, as well as various periodic interim 
reports, as required by the Commission while the Pilot Program is in 
effect. The annual reports contain an analysis of volume, open 
interest, and trading patterns. The analysis examines trading in Pilot 
Products as well as trading in the securities that comprise the 
underlying index. Additionally, for series that exceed certain minimum 
open interest parameters, the annual reports provide analysis of index 
price volatility and share trading activity. The periodic interim 
reports contain some, but not all, of the information contained in the 
annual reports. In providing the annual and periodic interim reports 
(the ``pilot reports'') to the Commission, the Exchange has requested 
confidential treatment of the pilot reports under the Freedom of 
Information Act (``FOIA'').\10\ The confidentiality of the pilot 
reports is subject to the provisions of FOIA.
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    \10\ 5 U.S.C. 552.
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    The pilot reports both contain the following volume and open 
interest data:
    (1) Monthly volume aggregated for all trades;
    (2) monthly volume aggregated by expiration date;
    (3) monthly volume for each individual series;
    (4) month-end open interest aggregated for all series;
    (5) month-end open interest for all series aggregated by expiration 
date; and
    (6) month-end open interest for each individual series.
    The annual reports also contain the information noted in Items (1) 
through (6) above for Expiration Friday, A.M.-settled, S&P 500 index 
options traded on CBOE, as well as the following analysis of trading 
patterns in the Pilot Products options series in the Pilot Program:
    (1) A time series analysis of open interest; and
    (2) an analysis of the distribution of trade sizes.
    Finally, for series that exceed certain minimum parameters, the 
annual reports contain the following analysis related to index price 
changes and underlying share trading volume at the close on Expiration 
Fridays:
    (1) A comparison of index price changes at the close of trading on 
a given Expiration Friday with comparable price changes from a control 
sample. The data includes a calculation of percentage price changes for 
various time intervals and compare that information to the respective 
control sample. Raw percentage price change data as well as percentage 
price change data normalized for prevailing market volatility, as 
measured by the CBOE Volatility Index (VIX), is provided; and
    (2) a calculation of share volume for a sample set of the component 
securities representing an upper limit on share trading that could be 
attributable to expiring in-the-money series. The data includes a 
comparison of the calculated share volume for securities in the sample 
set to the average daily trading volumes of those securities over a 
sample period.
    The minimum open interest parameters, control sample, time 
intervals, method for randomly selecting the component securities, and 
sample periods are determined by the Exchange and the Commission. In 
proposing to extend the Pilot Program, the Exchange will continue to 
abide by the reporting requirements described herein, as well as in the 
SPXPM Approval Order and the P.M.-settled XSP Approval Order.\11\ 
Additionally, all such pilot reports provided by the Exchange will 
continue to include a request for confidential treatment under 
FOIA.\12\
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    \11\ Pursuant to Securities Exchange Act Release No. 75914 
(September 14, 2015), 80 FR 56522 (September 18, 2015) (SR-CBOE-
2015-079), the Exchange added SPXPM and P.M.-settled XSP options to 
the list of products approved for trading during Extended Trading 
Hours (``ETH''). The Exchange will also include the applicable 
information regarding SPXPM and P.M.-settled XSP options that trade 
during ETH in its annual and interim reports.
    \12\ See supra note 10 and surrounding discussion. If the 
Exchange seeks permanent approval of the pilot program, the Exchange 
recognizes that certain information in the pilot reports may need to 
be made available on a public basis.
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    The Exchange proposes the extension of the Pilot Program in order 
to continue to give the Commission more time to consider the impact of 
the Pilot Program. To this point, CBOE believes that the Pilot Program 
has been well-received by its Trading Permit Holders and the investing 
public, and the Exchange would like to continue to provide investors 
with the ability to trade SPXPM and P.M.-settled XSP options. All terms 
regarding the trading of the Pilot Products shall continue to operate 
as described in the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order. The Exchange merely proposes herein to extend the term 
of the Pilot Program to May 3, 2017.
2. Statutory Basis
    The Exchange 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. \13\ Specifically, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \14\ requirements that the rules 
of an exchange be designed to prevent fraudulent and manipulative acts 
and practices, to promote just and equitable principles of trade, to 
foster cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general, to protect investors and the public interest. 
Additionally, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \15\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ Id.
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    In particular, the Exchange believes that the proposed extension of 
the Pilot Program will continue to provide greater opportunities for 
investors. Further, the Exchange believes that it has not experienced 
any adverse effects or meaningful regulatory concerns from the 
operation of the Pilot Program. As such, the Exchange believes that the 
extension of the Pilot Program does not raise any unique or prohibitive 
regulatory concerns. Also, the Exchange believes that such trading has 
not, and will not, adversely impact fair and orderly markets on 
Expiration Fridays for the underlying stocks comprising the

[[Page 22150]]

S&P 500 index. The extension of the Pilot Program will continue to 
provide investors with the opportunity to trade the desirable products 
of SPXPM and P.M.-settled XSP, while also providing the Commission 
further opportunity to observe such trading of the Pilot Products.

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

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
the continuation of the Pilot Program will impose any unnecessary or 
inappropriate burden on intramarket competition because it will 
continue to apply equally to all CBOE market participants, and the 
Pilot Products will be available to all CBOE market participants. The 
Exchange believes there is sufficient investor interest and demand in 
the Pilot Program to warrant its extension. The Exchange believes that, 
for the period that the Pilot Program has been in operation, it has 
provided investors with desirable products with which to trade. 
Furthermore, the Exchange believes that it has not experienced any 
adverse market effects or regulatory concerns with respect to the Pilot 
Program. The Exchange further does not believe that the proposed 
extension of the Pilot Program will impose any burden on intermarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act because it only applies to trading on CBOE. To the 
extent that the continued trading of the Pilot Products may make CBOE a 
more attractive marketplace to market participants at other exchanges, 
such market participants may elect to become CBOE market participants.

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

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

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-
4(f)(6)(iii) thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The existing Pilot Program currently expires on May 3, 2016. 
The Commission believes that waiving the 30-day operative delay to the 
extent necessary to allow the proposal to become operative on May 3, 
2016 is consistent with the protection of investors and the public 
interest, as it will allow the Pilot Program to continue uninterrupted 
after its current expiration date, thereby avoiding investor confusion 
that could result from a temporary interruption in the Pilot Program. 
For this reason, the Commission designates the proposed rule change to 
be operative on May 3, 2016.\18\
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    \18\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

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-2016-036 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-2016-036. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing will also 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-2016-036 and should be 
submitted on or before May 5, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08560 Filed 4-13-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  22148                            Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                  inspection and copying at the principal                   SECURITIES AND EXCHANGE                                  expiration (‘‘SPXPM’’). The Exchange
                                                  office of the Exchange. All comments                      COMMISSION                                               may also list options on the Mini-SPX
                                                  received will be posted without change;                                                                            Index (‘‘XSP’’) whose exercise
                                                                                                            [Release No. 34–77573; File No. SR–CBOE–                 settlement value is derived from closing
                                                  the Commission does not edit personal
                                                                                                            2016–036]                                                prices on the last trading day prior to
                                                  identifying information from
                                                  submissions. You should submit only                       Self-Regulatory Organizations;                           expiration (‘‘P.M.-settled’’). SPXPM
                                                  information that you wish to make                                                                                  options and P.M.-settled XSP options
                                                                                                            Chicago Board Options Exchange,
                                                  available publicly. All submissions                                                                                will be listed for trading for a pilot
                                                                                                            Incorporated; Notice of Filing and
                                                  should refer to File Number SR–BATS–                                                                               period ending May 3, 201[6]7.
                                                                                                            Immediate Effectiveness of a Proposed
                                                  2015–94 and should be submitted on or                     Rule Change Relating to SPXPM Pilot                      *      *     *    *     *
                                                  before May 5, 2016.                                       Program                                                     The text of the proposed rule change
                                                                                                                                                                     is also available on the Exchange’s Web
                                                  V. Accelerated Approval of Proposed                       April 8, 2016.                                           site (http://www.cboe.com/AboutCBOE/
                                                  Rule Change as Modified by                                   Pursuant to Section 19(b)(1) of the                   CBOELegalRegulatoryHome.aspx), at
                                                  Amendment Nos. 1, 2, and 3                                Securities Exchange Act of 1934 (the                     the Exchange’s Office of the Secretary,
                                                                                                            ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   and at the Commission’s Public
                                                     The Commission finds good cause to                     notice is hereby given that on April 7,                  Reference Room.
                                                  approve the proposed rule change, as                      2016, Chicago Board Options Exchange,
                                                  modified by Amendment No. 1, No. 2,                                                                                II. Self-Regulatory Organization’s
                                                                                                            Incorporated (the ‘‘Exchange’’ or                        Statement of the Purpose of, and
                                                  and No. 3, prior to the 30th day after the                ‘‘CBOE’’) filed with the Securities and                  Statutory Basis for, the Proposed Rule
                                                  date of publication of notice of                          Exchange Commission (the                                 Change
                                                  Amendment No. 1 in the Federal                            ‘‘Commission’’) the proposed rule
                                                  Register. The Exchange submitted                          change as described in Items I and II                       In its filing with the Commission, the
                                                  Amendment No. 1 to, among other                           below, which Items have been prepared                    Exchange included statements
                                                  things, provide clarifying details about                  by the Exchange. The Exchange filed the                  concerning the purpose of and basis for
                                                  the investments the Fund would be                         proposal as a ‘‘non-controversial’’                      the proposed rule change and discussed
                                                  permitted to hold; to further limit the                   proposed rule change pursuant to                         any comments it received on the
                                                                                                            Section 19(b)(3)(A)(iii) of the Act 3 and                proposed rule change. The text of these
                                                  percentage of the Fund’s portfolio that
                                                                                                            Rule 19b–4(f)(6) thereunder.4 The                        statements may be examined at the
                                                  may be composed of structured
                                                                                                            Commission is publishing this notice to                  places specified in Item IV below. The
                                                  securities and junior bank loans; to limit
                                                                                                            solicit comments on the proposed rule                    Exchange has prepared summaries, set
                                                  the potential risk associated with                                                                                 forth in sections A, B, and C below, of
                                                  derivative transactions; and to represent                 change from interested persons.
                                                                                                                                                                     the most significant aspects of such
                                                  that the Adviser believes there will be                   I. Self-Regulatory Organization’s                        statements.
                                                  minimal, if any, impact to the arbitrage                  Statement of the Terms of Substance of
                                                  mechanism as a result of the Fund’s use                   the Proposed Rule Change                                 A. Self-Regulatory Organization’s
                                                  of derivatives. This information aided                                                                             Statement of the Purpose of, and
                                                                                                              The Exchange proposes to extend the                    Statutory Basis for, the Proposed Rule
                                                  the Commission in evaluating the                          operation of its SPXPM pilot program
                                                  likelihood that market participants may                                                                            Change
                                                                                                            through May 3, 2017. The text of the
                                                  engage in effective arbitrage.                            proposed rule change is provided                         1. Purpose
                                                  Accordingly, the Commission finds                         below.                                                      On February 8, 2013, the Exchange
                                                  good cause, pursuant to Section 19(b)(2)                  (additions are italicized; deletions are                 received approval of a rule change that
                                                  of the Act,44 to approve the proposed                     [bracketed])                                             established a Pilot Program that allows
                                                  rule change, as modified by Amendment                                                                              the Exchange to list options on the S&P
                                                                                                            *    *     *      *     *
                                                  No. 1, No. 2, and No. 3, on an                                                                                     500 Index whose exercise settlement
                                                  accelerated basis.                                        Chicago Board Options Exchange,                          value is derived from closing prices on
                                                                                                            Incorporated                                             the last trading day prior to expiration
                                                  VI. Conclusion
                                                                                                            Rules                                                    (‘‘SPXPM’’).5 On July 31, 2013, the
                                                    IT IS THEREFORE ORDERED,                                                                                         Exchange received approval of a rule
                                                                                                            *          *     *       *      *                        change that amended the Pilot Program
                                                  pursuant to Section 19(b)(2) of the
                                                  Exchange Act, that the proposed rule                      Rule 24.9. Terms of Index Option                         to allow the Exchange to list options on
                                                  change (SR–BATS–2015–94), as                              Contracts                                                the Mini-SPX Index (‘‘XSP’’) whose
                                                  modified by Amendment No. 1, No. 2,                                                                                exercise settlement value is derived
                                                                                                              No change.                                             from closing prices on the last trading
                                                  and No. 3, is hereby approved on an                         . . . Interpretations and Policies:
                                                  accelerated basis.                                                                                                 day prior to expiration (‘‘P.M.-settled’’) 6
                                                                                                              .01–.13 No change.                                     (together, SPXPM and P.M.-settled XSP
                                                    For the Commission, by the Division of                    .14 In addition to A.M.-settled                        to be referred to herein as the ‘‘Pilot
                                                  Trading and Markets, pursuant to delegated                Standard & Poor’s 500 Stock Index                        Products’’).7 In January 2014, the
                                                  authority.45                                              options approved for trading on the
                                                  Robert W. Errett,                                         Exchange pursuant to Rule 24.9, the                         5 See Securities Exchange Act Release No. 68888
                                                                                                            Exchange may also list options on the                    (February 8, 2013), 78 FR 10668) (February 14,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Deputy Secretary.
                                                                                                            S&P 500 Index whose exercise                             2013) (SR–CBOE–2012–120) (the ‘‘SPXPM
                                                  [FR Doc. 2016–08554 Filed 4–13–16; 8:45 am]                                                                        Approval Order’’).
                                                                                                            settlement value is derived from closing
                                                                                                                                                                        6 See Securities Exchange Act Release No. 70087
                                                  BILLING CODE 8011–01–P                                    prices on the last trading day prior to
                                                                                                                                                                     (July 31, 2013), 78 FR 47809 (August 6, 2013) (SR–
                                                                                                                                                                     CBOE–2013–055) (the ‘‘P.M.-settled XSP Approval
                                                                                                                1 15 U.S.C. 78s(b)(1).                               Order’’).
                                                                                                                2 17 CFR 240.19b–4.                                     7 For more information on the Pilot Products or
                                                    44 15   U.S.C. 78s(b)(2).                                   3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                     the Pilot Program, see the SPXPM Approval Order
                                                    45 17   CFR 200.30–3(a)(12).                                4 17 CFR 240.19b–4(f)(6).                            and the P.M.-settled XSP Approval Order.



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                                                                                Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices                                            22149

                                                  Exchange filed a proposed rule change                      The annual reports also contain the                    The Exchange proposes the extension
                                                  that extended the end date of the pilot                 information noted in Items (1) through                 of the Pilot Program in order to continue
                                                  period from February 8, 2014 to                         (6) above for Expiration Friday, A.M.-                 to give the Commission more time to
                                                  November 3, 2014.8 Additionally, in                     settled, S&P 500 index options traded                  consider the impact of the Pilot
                                                  October 2014, the Exchange filed a                      on CBOE, as well as the following                      Program. To this point, CBOE believes
                                                  proposed rule change that extended the                  analysis of trading patterns in the Pilot              that the Pilot Program has been well-
                                                  end date of the pilot period from                       Products options series in the Pilot                   received by its Trading Permit Holders
                                                  November 3, 2014 to May 3, 2016.9 The                   Program:                                               and the investing public, and the
                                                  Exchange hereby proposes to further                        (1) A time series analysis of open                  Exchange would like to continue to
                                                  extend the end date of the pilot period                 interest; and                                          provide investors with the ability to
                                                  to May 3, 2017.                                            (2) an analysis of the distribution of              trade SPXPM and P.M.-settled XSP
                                                     During the course of the Pilot Program               trade sizes.                                           options. All terms regarding the trading
                                                  and in support of the extensions of the                    Finally, for series that exceed certain             of the Pilot Products shall continue to
                                                  Pilot Program, the Exchange submits to                  minimum parameters, the annual                         operate as described in the SPXPM
                                                  the Securities and Exchange                             reports contain the following analysis                 Approval Order and the P.M.-settled
                                                  Commission (the ‘‘Commission’’)                         related to index price changes and                     XSP Approval Order. The Exchange
                                                  reports regarding the Pilot Program that                underlying share trading volume at the                 merely proposes herein to extend the
                                                  detail the Exchange’s experience with                   close on Expiration Fridays:                           term of the Pilot Program to May 3,
                                                                                                             (1) A comparison of index price                     2017.
                                                  the Pilot Program, pursuant to the
                                                                                                          changes at the close of trading on a
                                                  SPXPM Approval Order and the P.M.-                                                                             2. Statutory Basis
                                                                                                          given Expiration Friday with
                                                  settled XSP Approval Order. To date,
                                                                                                          comparable price changes from a control                   The Exchange believes the proposed
                                                  the Exchange has submitted two annual
                                                                                                          sample. The data includes a calculation                rule change is consistent with the Act
                                                  Pilot Program reports to the
                                                                                                          of percentage price changes for various                and the rules and regulations
                                                  Commission, as well as various periodic
                                                                                                          time intervals and compare that                        thereunder applicable to the Exchange
                                                  interim reports, as required by the                     information to the respective control
                                                  Commission while the Pilot Program is                                                                          and, in particular, the requirements of
                                                                                                          sample. Raw percentage price change                    Section 6(b) of the Act. 13 Specifically,
                                                  in effect. The annual reports contain an                data as well as percentage price change                the Exchange believes the proposed rule
                                                  analysis of volume, open interest, and                  data normalized for prevailing market                  change is consistent with the Section
                                                  trading patterns. The analysis examines                 volatility, as measured by the CBOE                    6(b)(5) 14 requirements that the rules of
                                                  trading in Pilot Products as well as                    Volatility Index (VIX), is provided; and               an exchange be designed to prevent
                                                  trading in the securities that comprise                    (2) a calculation of share volume for               fraudulent and manipulative acts and
                                                  the underlying index. Additionally, for                 a sample set of the component securities               practices, to promote just and equitable
                                                  series that exceed certain minimum                      representing an upper limit on share                   principles of trade, to foster cooperation
                                                  open interest parameters, the annual                    trading that could be attributable to                  and coordination with persons engaged
                                                  reports provide analysis of index price                 expiring in-the-money series. The data                 in regulating, clearing, settling,
                                                  volatility and share trading activity. The              includes a comparison of the calculated                processing information with respect to,
                                                  periodic interim reports contain some,                  share volume for securities in the                     and facilitating transactions in
                                                  but not all, of the information contained               sample set to the average daily trading                securities, to remove impediments to
                                                  in the annual reports. In providing the                 volumes of those securities over a                     and perfect the mechanism of a free and
                                                  annual and periodic interim reports (the                sample period.                                         open market and a national market
                                                  ‘‘pilot reports’’) to the Commission, the                  The minimum open interest                           system, and, in general, to protect
                                                  Exchange has requested confidential                     parameters, control sample, time                       investors and the public interest.
                                                  treatment of the pilot reports under the                intervals, method for randomly selecting               Additionally, the Exchange believes the
                                                  Freedom of Information Act (‘‘FOIA’’).10                the component securities, and sample                   proposed rule change is consistent with
                                                  The confidentiality of the pilot reports                periods are determined by the Exchange                 the Section 6(b)(5) 15 requirement that
                                                  is subject to the provisions of FOIA.                   and the Commission. In proposing to                    the rules of an exchange not be designed
                                                     The pilot reports both contain the                   extend the Pilot Program, the Exchange                 to permit unfair discrimination between
                                                  following volume and open interest                      will continue to abide by the reporting                customers, issuers, brokers, or dealers.
                                                  data:                                                   requirements described herein, as well                    In particular, the Exchange believes
                                                     (1) Monthly volume aggregated for all                as in the SPXPM Approval Order and                     that the proposed extension of the Pilot
                                                  trades;                                                 the P.M.-settled XSP Approval Order.11                 Program will continue to provide greater
                                                     (2) monthly volume aggregated by                     Additionally, all such pilot reports                   opportunities for investors. Further, the
                                                  expiration date;                                        provided by the Exchange will continue                 Exchange believes that it has not
                                                     (3) monthly volume for each                          to include a request for confidential                  experienced any adverse effects or
                                                  individual series;                                      treatment under FOIA.12                                meaningful regulatory concerns from
                                                     (4) month-end open interest                                                                                 the operation of the Pilot Program. As
                                                  aggregated for all series;                                 11 Pursuant to Securities Exchange Act Release
                                                                                                                                                                 such, the Exchange believes that the
                                                     (5) month-end open interest for all                  No. 75914 (September 14, 2015), 80 FR 56522
                                                                                                          (September 18, 2015) (SR–CBOE–2015–079), the           extension of the Pilot Program does not
                                                  series aggregated by expiration date; and               Exchange added SPXPM and P.M.-settled XSP              raise any unique or prohibitive
                                                     (6) month-end open interest for each                 options to the list of products approved for trading   regulatory concerns. Also, the Exchange
                                                  individual series.                                      during Extended Trading Hours (‘‘ETH’’). The
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                                                                                                          Exchange will also include the applicable              believes that such trading has not, and
                                                                                                          information regarding SPXPM and P.M.-settled XSP       will not, adversely impact fair and
                                                     8 See Securities Exchange Act Release No. 71424
                                                                                                          options that trade during ETH in its annual and        orderly markets on Expiration Fridays
                                                  (January 28, 2014), 79 FR 6249 (February 3, 2014)       interim reports.
                                                  (SR–CBOE–2014–004).                                        12 See supra note 10 and surrounding discussion.
                                                                                                                                                                 for the underlying stocks comprising the
                                                     9 See Securities Exchange Act Release No. 73338
                                                                                                          If the Exchange seeks permanent approval of the
                                                                                                                                                                  13 15    U.S.C. 78f(b).
                                                  (October 10, 2014), 79 FR 62502 (October 17, 2014)      pilot program, the Exchange recognizes that certain
                                                  (SR–CBOE–2014–076).                                     information in the pilot reports may need to be         14 15    U.S.C. 78f(b)(5).
                                                     10 5 U.S.C. 552.                                     made available on a public basis.                       15 Id.




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                                                  22150                         Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                  S&P 500 index. The extension of the                     consistent with the protection of                       Commission, 100 F Street NE.,
                                                  Pilot Program will continue to provide                  investors and the public interest, the                  Washington, DC 20549–1090.
                                                  investors with the opportunity to trade                 proposed rule change has become                         All submissions should refer to File
                                                  the desirable products of SPXPM and                     effective pursuant to Section 19(b)(3)(A)               Number SR–CBOE–2016–036. This file
                                                  P.M.-settled XSP, while also providing                  of the Act 16 and Rule 19b–4(f)(6)(iii)                 number should be included on the
                                                  the Commission further opportunity to                   thereunder.17                                           subject line if email is used. To help the
                                                  observe such trading of the Pilot                          The Exchange has asked the                           Commission process and review your
                                                  Products.                                               Commission to waive the 30-day                          comments more efficiently, please use
                                                                                                          operative delay so that the proposal may                only one method. The Commission will
                                                  B. Self-Regulatory Organization’s                       become operative immediately upon
                                                  Statement on Burden on Competition                                                                              post all comments on the Commission’s
                                                                                                          filing. The existing Pilot Program                      Internet Web site (http://www.sec.gov/
                                                     CBOE does not believe that the                       currently expires on May 3, 2016. The                   rules/sro.shtml). Copies of the
                                                  proposed rule change will impose any                    Commission believes that waiving the                    submission, all subsequent
                                                  burden on competition that is not                       30-day operative delay to the extent                    amendments, all written statements
                                                  necessary or appropriate in furtherance                 necessary to allow the proposal to                      with respect to the proposed rule
                                                  of the purposes of the Act. The                         become operative on May 3, 2016 is                      change that are filed with the
                                                  Exchange does not believe the                           consistent with the protection of                       Commission, and all written
                                                  continuation of the Pilot Program will                  investors and the public interest, as it                communications relating to the
                                                  impose any unnecessary or                               will allow the Pilot Program to continue                proposed rule change between the
                                                  inappropriate burden on intramarket                     uninterrupted after its current                         Commission and any person, other than
                                                  competition because it will continue to                 expiration date, thereby avoiding                       those that may be withheld from the
                                                  apply equally to all CBOE market                        investor confusion that could result                    public in accordance with the
                                                  participants, and the Pilot Products will               from a temporary interruption in the                    provisions of 5 U.S.C. 552, will be
                                                  be available to all CBOE market                         Pilot Program. For this reason, the                     available for Web site viewing and
                                                  participants. The Exchange believes                     Commission designates the proposed                      printing in the Commission’s Public
                                                  there is sufficient investor interest and               rule change to be operative on May 3,
                                                                                                                                                                  Reference Room, 100 F Street NE.,
                                                  demand in the Pilot Program to warrant                  2016.18
                                                                                                                                                                  Washington, DC 20549, on official
                                                  its extension. The Exchange believes                       At any time within 60 days of the
                                                                                                          filing of the proposed rule change, the                 business days between the hours of
                                                  that, for the period that the Pilot
                                                                                                          Commission summarily may                                10:00 a.m. and 3:00 p.m. Copies of such
                                                  Program has been in operation, it has
                                                                                                          temporarily suspend such rule change if                 filing will also be available for
                                                  provided investors with desirable
                                                                                                          it appears to the Commission that such                  inspection and copying at the principal
                                                  products with which to trade.
                                                                                                          action is necessary or appropriate in the               office of the Exchange. All comments
                                                  Furthermore, the Exchange believes that
                                                                                                          public interest, for the protection of                  received will be posted without change;
                                                  it has not experienced any adverse
                                                                                                          investors, or otherwise in furtherance of               the Commission does not edit personal
                                                  market effects or regulatory concerns
                                                                                                          the purposes of the Act.                                identifying information from
                                                  with respect to the Pilot Program. The
                                                                                                                                                                  submissions. You should submit only
                                                  Exchange further does not believe that                  IV. Solicitation of Comments                            information that you wish to make
                                                  the proposed extension of the Pilot
                                                                                                            Interested persons are invited to                     available publicly. All submissions
                                                  Program will impose any burden on
                                                                                                          submit written data, views, and                         should refer to File Number SR–CBOE–
                                                  intermarket competition that is not
                                                                                                          arguments concerning the foregoing,                     2016–036 and should be submitted on
                                                  necessary or appropriate in furtherance
                                                                                                          including whether the proposed rule                     or before May 5, 2016.
                                                  of the purposes of the Act because it
                                                  only applies to trading on CBOE. To the                 change is consistent with the Act.                        For the Commission, by the Division of
                                                  extent that the continued trading of the                Comments may be submitted by any of                     Trading and Markets, pursuant to delegated
                                                  Pilot Products may make CBOE a more                     the following methods:                                  authority.19
                                                  attractive marketplace to market                        Electronic Comments                                     Robert W. Errett,
                                                  participants at other exchanges, such                                                                           Deputy Secretary.
                                                                                                            • Use the Commission’s Internet
                                                  market participants may elect to become                 comment form (http://www.sec.gov/
                                                                                                                                                                  [FR Doc. 2016–08560 Filed 4–13–16; 8:45 am]
                                                  CBOE market participants.                               rules/sro.shtml); or                                    BILLING CODE 8011–01–P

                                                  C. Self-Regulatory Organization’s                         • Send an email to rule-comments@
                                                  Statement on Comments on the                            sec.gov. Please include File Number SR–
                                                                                                                                                                  SECURITIES AND EXCHANGE
                                                  Proposed Rule Change Received From                      CBOE–2016–036 on the subject line.
                                                                                                                                                                  COMMISSION
                                                  Members, Participants, or Others                        Paper Comments
                                                    The Exchange neither solicited nor                                                                            Submission for OMB Review;
                                                                                                            • Send paper comments in triplicate
                                                  received comments on the proposed                       to Secretary, Securities and Exchange                   Comment Request
                                                  rule change.                                                                                                    Upon Written Request, Copies Available
                                                                                                            16 15  U.S.C. 78s(b)(3)(A).
                                                  III. Date of Effectiveness of the                                                                                From: Securities and Exchange
                                                                                                             17 17 CFR 240.19b–4(f)(6)(iii). As required under
                                                  Proposed Rule Change and Timing for                                                                              Commission, Office of FOIA Services,
                                                                                                          Rule 19b–4(f)(6)(iii), the Exchange provided the
                                                  Commission Action                                       Commission with written notice of its intent to file     100 F Street NE., Washington, DC
                                                                                                          the proposed rule change, along with a brief             20549–2736.
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                                                     Because the proposed rule change
                                                                                                          description and the text of the proposed rule
                                                  does not (i) significantly affect the                   change, at least five business days prior to the date
                                                                                                                                                                  Extension:
                                                  protection of investors or the public                   of filing of the proposed rule change, or such            Rule 15b1–1/Form BD, SEC File No. 270–
                                                  interest; (ii) impose any significant                   shorter time as designated by the Commission.               19, OMB Control No. 3235–0012.
                                                                                                             18 For purposes only of waiving the 30-day
                                                  burden on competition; and (iii) become                                                                           Notice is hereby given that, pursuant
                                                                                                          operative delay, the Commission has also
                                                  operative for 30 days from the date on                  considered the proposed rule’s impact on                to the Paperwork Reduction Act of 1995
                                                  which it was filed, or such shorter time                efficiency, competition, and capital formation. See
                                                  as the Commission may designate if                      15 U.S.C. 78c(f).                                         19 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-07 13:48:08
Document Modified: 2018-02-07 13:48:08
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 22148 

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