81_FR_24758 81 FR 24678 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule

81 FR 24678 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 80 (April 26, 2016)

Page Range24678-24680
FR Document2016-09595

Federal Register, Volume 81 Issue 80 (Tuesday, April 26, 2016)
[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Notices]
[Pages 24678-24680]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09595]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77659; File No. SR-CBOE-2016-037]


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

April 20, 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 11, 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) of the Act \3\ and 
Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing this 
notice to

[[Page 24679]]

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

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule.\5\ By way of 
background, on April 1, 2016, the Exchange adopted a program that 
offers transaction fee rebates to Customers (origin code ``C'') that 
meet certain volume thresholds in CBOE VIX Volatility Index options 
(``VIX options'') and S&P 500 Index options (``SPX''), weekly S&P 500 
options (``SPXW'') and p.m.-settled SPX Index options (``SPXpm'') 
(collectively referred to as ``SPX options'') provided the Customer 
registers for the program (the ``Frequent Trader Program'' or 
``Program'').\6\
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    \5\ The Exchange initially filed the proposed change on April 4, 
2016 (SR-CBOE-2016-035). On April 11, 2016, the Exchange withdrew 
that filing and replaced it with SR-CBOE-2016-037.
    \6\ See SR-CBOE-2016-023
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    To participate in the Frequent Trader Program, Customers register 
with the Exchange. Once registered, the Customer is provided a unique 
identification number (``FTID'') that can be affixed to each of its 
orders. The FTID allows the Exchange to identify and aggregate all 
electronic and manual trades during both the Regular Trading Hours and 
Extended Trading Hours sessions from that Customer for purposes of 
determining whether the Customer meets any of the various volume 
thresholds. The Customer has to provide its FTID to the Trading Permit 
Holder (``TPH'') submitting that Customer's order to the Exchange 
(executing agent'' or ``executing TPH'') and that executing TPH would 
have to enter the Customer's FTID on each of that Customer's orders.\7\
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    \7\ The Exchange notes that it is the responsibility of the 
Customer to request that the executing TPH affix its FTID to its 
order(s), and that it is voluntarily for the executing TPH to do so.
---------------------------------------------------------------------------

    The Exchange notes that there are instances however, in which a 
Customer's FTID was not or could not be, affixed to an order. For 
example, an executing TPH may receive an order with multiple contra 
parties, including parties that are also customers with their own 
unique FTIDs. The executing TPH's front end system however, may only 
allow it to input only one FTID on the order. Thus the other Customers 
to the trade would not have their FTID represented at the time of 
submission. Additionally, an executing TPH's front end system may not 
yet allow for the input of an FTID on an order upon submission 
altogether. The Exchange also notes that it is possible that an 
executing TPH inadvertently enters an incorrect FTID number on an 
order. Accordingly, the Exchange is proposing to provide executing TPHs 
the ability to submit to the exchange a form (the ``Frequent Trader 
Program--Volume Corrections Form'' or ``Form'') that would provide a 
mechanism for executing TPHs to identify transactions to the Exchange 
that should have been, but were not, associated with particular FTIDs. 
More specifically, the executing TPH would identify on the form the 
``correct'' FTID that should be associated with a specific transaction, 
so that such volume is properly counted towards the appropriate 
Customer's aggregated volume for purposes of determining what tier, if 
any, the customer meets. The Exchange notes that transactions 
identified on the Form will only be counted towards the identified 
Customer's volume if that Customer was already registered for the 
Frequent Trader Program prior to the time the transaction occurred 
(e.g., if a customer trades 1,000 contracts the morning of April 1 and 
registers for the Frequent Trader Program the afternoon of April 1, 
that customer cannot have its executing TPH submit a form on its behalf 
for those 1,000 contracts executed prior to registration in the 
Program). The Exchange lastly proposes to provide that the Frequent 
Trader Program--Volume Corrections Form be submitted to the Exchange 
within 3 business days in order to ensure timely processing.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\8\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \9\ 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) \10\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes providing executing TPHs the 
ability to submit to the exchange a form that identifies transactions 
that should have been, but were not, associated with particular FTIDs, 
removes impediments to and perfects the mechanism of a free and open 
market and a national market system, and protects investors and the 
public interest because there are a number of instances in which a 
Customer's FTID may not be affixed to a particular transaction at the 
time of execution even though the traded contracts, or a portion 
thereof, is actually associated with that Customer. The Exchange notes 
that providing a mechanism to ``correct'' FTIDs post-trade, helps 
ensure that a Customer's total volume at the end of the month 
accurately reflects their real trading volume, including volume from 
transactions that, upon submission of the order, did not reflect their 
FTID. The Exchange believes it's reasonable to provide that the Form be 
submitted within 3 business days in order to ensure timely processing 
and finality. The Exchange also believes it's reasonable, equitable and 
not unfairly

[[Page 24680]]

discriminatory to provide that transactions identified on the Form will 
only be counted towards the identified Customer's volume if that 
Customer was already registered for the Frequent Trader Program because 
the Exchange does not wish to encourage or allow the Frequent Trader 
Program to be applied retroactively. Additionally, by establishing a 
clear process for identifying transactions in order for them to qualify 
for the Frequent Trader Program rebates, the proposed rule change 
eliminates confusion, thereby removing an impediment to and perfecting 
the mechanism of a free and open market system. The establishment of 
this process will also make it easier for CBOE to administer the 
Frequent Trader Program and ensure that it is appropriately assessed 
when it is applicable.

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

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act because the proposed change 
applies uniformly to all executing TPHs of Customer FTID orders and 
because it provides for a clear process to rectify scenarios in which a 
Customer's FTID was not applied to that Customer's order. The Exchange 
believes that the proposed rule change will not cause an unnecessary 
burden on intermarket competition because it only applies to trading on 
CBOE. To the extent that the proposed changes make CBOE a more 
attractive marketplace for market participants at other exchanges, such 
market participants are welcome to become CBOE market participants.

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, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \13\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. Consistent 
with the protection of investors and the public interest, waiver of the 
30-day operative delay will facilitate the implementation of the 
Frequent Trader Program and allow executing TPHs to use the Exchange's 
process to claim rebates for their customers. Therefore, the Commission 
hereby waives the operative delay and designates the proposal operative 
upon filing.\15\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ 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. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

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-2016-037 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-2016-037. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2016-037, and should be 
submitted on or before May 17, 2016.
    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-09595 Filed 4-25-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  24678                           Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Notices

                                                  greater positions when pursuing their                   public interest and will not impose any               communications relating to the
                                                  investment goals and needs.                             burden on competition as it only seeks                proposed rule change between the
                                                                                                          to extend the operation of a previously               Commission and any person, other than
                                                  B. Self-Regulatory Organization’s
                                                                                                          approved pilot program before it expires              those that may be withheld from the
                                                  Statement on Burden on Competition
                                                                                                          on May 6, 2016. The Commission                        public in accordance with the
                                                     The Exchange does not believe that                   believes that waiving the 30-day                      provisions of 5 U.S.C. 552, will be
                                                  the proposed rule change will impose                    operative delay is consistent with the                available for Web site viewing and
                                                  any burden on competition not                           protection of investors and the public                printing in the Commission’s Public
                                                  necessary or appropriate in furtherance                 interest. Therefore, the Commission                   Reference Room, 100 F Street NE.,
                                                  of the purposes of the Act. The                         hereby waives the operative delay and                 Washington, DC 20549 on official
                                                  Exchange notes that the proposed                        designates the proposal operative upon                business days between the hours of
                                                  extension will allow for the listing and                filing.12                                             10:00 a.m. and 3:00 p.m. Copies of such
                                                  trading of a novel index option product                    At any time within 60 days of the                  filing also will be available for
                                                  that will enhance competition among                     filing of the proposed rule change, the               inspection and copying at the principal
                                                  market participants, to the benefit of                  Commission summarily may                              office of the Exchange. All comments
                                                  investors and the marketplace.                          temporarily suspend such rule change if               received will be posted without change;
                                                  C. Self-Regulatory Organization’s                       it appears to the Commission that such                the Commission does not edit personal
                                                  Statement on Comments on the                            action is necessary or appropriate in the             identifying information from
                                                  Proposed Rule Change Received From                      public interest, for the protection of                submissions. You should submit only
                                                  Members, Participants, or Others                        investors, or otherwise in furtherance of             information that you wish to make
                                                                                                          the purposes of the Act. If the                       available publicly. All submissions
                                                    The Exchange has neither solicited                    Commission takes such action, the                     should refer to File Number SR–BOX–
                                                  nor received comments on the proposed                   Commission shall institute proceedings                2016–19, and should be submitted on or
                                                  rule change.                                            to determine whether the proposed rule                before May 17, 2016.
                                                  III. Date of Effectiveness of the                       change should be approved or                            For the Commission, by the Division of
                                                  Proposed Rule Change and Timing for                     disapproved.                                          Trading and Markets, pursuant to delegated
                                                  Commission Action                                       IV. Solicitation of Comments                          authority.13
                                                     Because the proposed rule change                                                                           Robert W. Errett,
                                                                                                            Interested persons are invited to
                                                  does not (i) significantly affect the                                                                         Deputy Secretary.
                                                                                                          submit written data, views, and
                                                  protection of investors or the public                   arguments concerning the foregoing,                   [FR Doc. 2016–09596 Filed 4–25–16; 8:45 am]
                                                  interest; (ii) impose any significant                   including whether the proposed rule                   BILLING CODE 8011–01–P
                                                  burden on competition; and (iii) become                 change is consistent with the Act.
                                                  operative for 30 days from the date on                  Comments may be submitted by any of
                                                  which it was filed, or such shorter time                                                                      SECURITIES AND EXCHANGE
                                                                                                          the following methods:
                                                  as the Commission may designate, it has                                                                       COMMISSION
                                                  become effective pursuant to Section                    Electronic Comments
                                                                                                                                                                [Release No. 34–77659; File No. SR–CBOE–
                                                  19(b)(3)(A) of the Act 8 and Rule 19b–                    • Use the Commission’s Internet                     2016–037]
                                                  4(f)(6) thereunder.9                                    comment form (http://www.sec.gov/
                                                     A proposed rule change filed                         rules/sro.shtml); or                                  Self-Regulatory Organizations;
                                                  pursuant to Rule 19b–4(f)(6) under the                    • Send an email to rule-comments@                   Chicago Board Options Exchange,
                                                  Act 10 normally does not become                         sec.gov. Please include File Number SR–               Incorporated; Notice of Filing and
                                                  operative for 30 days after the date of its             BOX–2016–19 on the subject line.                      Immediate Effectiveness of a Proposed
                                                  filing. However, Rule 19b–4(f)(6)(iii) 11                                                                     Rule Change To Amend the Fees
                                                  permits the Commission to designate a                   Paper Comments                                        Schedule
                                                  shorter time if such action is consistent                 • Send paper comments in triplicate
                                                  with the protection of investors and the                to Brent J. Fields, Secretary, Securities             April 20, 2016.
                                                  public interest. The Exchange requests                  and Exchange Commission, 100 F Street                    Pursuant to Section 19(b)(1) of the
                                                  that the Commission waive the 30-day                    NE., Washington, DC 20549–1090.                       Securities Exchange Act of 1934 (the
                                                  operative delay period and make the                     All submissions should refer to File                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  proposed rule change effective and                      Number SR–BOX–2016–19. This file                      notice is hereby given that on April 11,
                                                  operative upon filing because it will                   number should be included on the                      2016, Chicago Board Options Exchange,
                                                  allow for the listing and trading of a                  subject line if email is used. To help the            Incorporated (the ‘‘Exchange’’ or
                                                  previously approved novel index option                  Commission process and review your                    ‘‘CBOE’’) filed with the Securities and
                                                  product that will enhance competition                   comments more efficiently, please use                 Exchange Commission (the
                                                  among market participants, to the                       only one method. The Commission will                  ‘‘Commission’’) the proposed rule
                                                  benefit of investors and the marketplace.               post all comments on the Commission’s                 change as described in Items I and II
                                                  The Exchange believes that the proposal                 Internet Web site (http://www.sec.gov/                below, which Items have been prepared
                                                  is non-controversial and would not                      rules/sro.shtml). Copies of the                       by the Exchange. The Exchange filed the
                                                  affect the protection of investors or the               submission, all subsequent                            proposal as a ‘‘non-controversial’’
                                                                                                          amendments, all written statements                    proposed rule change pursuant to
                                                    8 15  U.S.C. 78s(b)(3)(A).                            with respect to the proposed rule                     Section 19(b)(3)(A) of the Act 3 and Rule
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    9 17  CFR 240.19b–4(f)(6). As required under Rule
                                                                                                          change that are filed with the                        19b–4(f)(6) thereunder.4 The
                                                  19b-4(f)(6)(iii), the Exchange provided the                                                                   Commission is publishing this notice to
                                                  Commission with written notice of its intent to file    Commission, and all written
                                                  the proposed rule change, along with a brief
                                                                                                                                                                  13 17 CFR 200.30–3(a)(12).
                                                  description and the text of the proposed rule              12 For purposes only of waiving the 30-day
                                                                                                                                                                  1 15 U.S.C. 78s(b)(1).
                                                  change, at least five business days prior to the date   operative delay, the Commission has also
                                                  of filing of the proposed rule change.                                                                          2 17 CFR 240.19b–4.
                                                                                                          considered the proposed rule’s impact on
                                                    10 17 CFR 240.19b–4(f)(6).                                                                                    3 15 U.S.C. 78s(b)(3)(A).
                                                                                                          efficiency, competition, and capital formation. See
                                                    11 17 CFR 240.19b–4(f)(6)(iii).                       15 U.S.C. 78c(f).                                       4 17 CFR 240.19b–4(f)(6).




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                                                                                 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Notices                                             24679

                                                  solicit comments on the proposed rule                   sessions from that Customer for                         Program—Volume Corrections Form be
                                                  change from interested persons.                         purposes of determining whether the                     submitted to the Exchange within 3
                                                                                                          Customer meets any of the various                       business days in order to ensure timely
                                                  I. Self-Regulatory Organization’s
                                                                                                          volume thresholds. The Customer has to                  processing.
                                                  Statement of the Terms of Substance of
                                                                                                          provide its FTID to the Trading Permit
                                                  the Proposed Rule Change                                                                                        2. Statutory Basis
                                                                                                          Holder (‘‘TPH’’) submitting that
                                                     The Exchange proposes to amend the                   Customer’s order to the Exchange                           The Exchange believes the proposed
                                                  Frequent Trader Program. The text of                    (executing agent’’ or ‘‘executing TPH’’)                rule change is consistent with the
                                                  the proposed rule change is available on                and that executing TPH would have to                    Securities Exchange Act of 1934 (the
                                                  the Exchange’s Web site (http://                        enter the Customer’s FTID on each of                    ‘‘Act’’) and the rules and regulations
                                                  www.cboe.com/AboutCBOE/                                 that Customer’s orders.7                                thereunder applicable to the Exchange
                                                  CBOELegalRegulatoryHome.aspx), at                          The Exchange notes that there are                    and, in particular, the requirements of
                                                  the Exchange’s Office of the Secretary,                 instances however, in which a                           Section 6(b) of the Act.8 Specifically,
                                                  and at the Commission’s Public                          Customer’s FTID was not or could not                    the Exchange believes the proposed rule
                                                  Reference Room.                                         be, affixed to an order. For example, an                change is consistent with the Section
                                                                                                          executing TPH may receive an order                      6(b)(5) 9 requirements that the rules of
                                                  II. Self-Regulatory Organization’s                                                                              an exchange be designed to prevent
                                                                                                          with multiple contra parties, including
                                                  Statement of the Purpose of, and                                                                                fraudulent and manipulative acts and
                                                                                                          parties that are also customers with
                                                  Statutory Basis for, the Proposed Rule                                                                          practices, to promote just and equitable
                                                                                                          their own unique FTIDs. The executing
                                                  Change                                                                                                          principles of trade, to foster cooperation
                                                                                                          TPH’s front end system however, may
                                                     In its filing with the Commission, the               only allow it to input only one FTID on                 and coordination with persons engaged
                                                  Exchange included statements                            the order. Thus the other Customers to                  in regulating, clearing, settling,
                                                  concerning the purpose of and basis for                 the trade would not have their FTID                     processing information with respect to,
                                                  the proposed rule change and discussed                  represented at the time of submission.                  and facilitating transactions in
                                                  any comments it received on the                         Additionally, an executing TPH’s front                  securities, to remove impediments to
                                                  proposed rule change. The text of these                 end system may not yet allow for the                    and perfect the mechanism of a free and
                                                  statements may be examined at the                       input of an FTID on an order upon                       open market and a national market
                                                  places specified in Item IV below. The                  submission altogether. The Exchange                     system, and, in general, to protect
                                                  Exchange has prepared summaries, set                    also notes that it is possible that an                  investors and the public interest.
                                                  forth in sections A, B, and C below, of                 executing TPH inadvertently enters an                   Additionally, the Exchange believes the
                                                  the most significant aspects of such                    incorrect FTID number on an order.                      proposed rule change is consistent with
                                                  statements.                                             Accordingly, the Exchange is proposing                  the Section 6(b)(5) 10 requirement that
                                                                                                          to provide executing TPHs the ability to                the rules of an exchange not be designed
                                                  A. Self-Regulatory Organization’s                                                                               to permit unfair discrimination between
                                                  Statement of the Purpose of, and the                    submit to the exchange a form (the
                                                                                                          ‘‘Frequent Trader Program—Volume                        customers, issuers, brokers, or dealers.
                                                  Statutory Basis for, the Proposed Rule                                                                             In particular, the Exchange believes
                                                  Change                                                  Corrections Form’’ or ‘‘Form’’) that
                                                                                                          would provide a mechanism for                           providing executing TPHs the ability to
                                                  1. Purpose                                              executing TPHs to identify transactions                 submit to the exchange a form that
                                                                                                          to the Exchange that should have been,                  identifies transactions that should have
                                                     The Exchange proposes to amend its                                                                           been, but were not, associated with
                                                  Fees Schedule.5 By way of background,                   but were not, associated with particular
                                                                                                          FTIDs. More specifically, the executing                 particular FTIDs, removes impediments
                                                  on April 1, 2016, the Exchange adopted                                                                          to and perfects the mechanism of a free
                                                  a program that offers transaction fee                   TPH would identify on the form the
                                                                                                          ‘‘correct’’ FTID that should be                         and open market and a national market
                                                  rebates to Customers (origin code ‘‘C’’)                                                                        system, and protects investors and the
                                                  that meet certain volume thresholds in                  associated with a specific transaction, so
                                                                                                          that such volume is properly counted                    public interest because there are a
                                                  CBOE VIX Volatility Index options                                                                               number of instances in which a
                                                  (‘‘VIX options’’) and S&P 500 Index                     towards the appropriate Customer’s
                                                                                                          aggregated volume for purposes of                       Customer’s FTID may not be affixed to
                                                  options (‘‘SPX’’), weekly S&P 500                                                                               a particular transaction at the time of
                                                  options (‘‘SPXW’’) and p.m.-settled SPX                 determining what tier, if any, the
                                                                                                          customer meets. The Exchange notes                      execution even though the traded
                                                  Index options (‘‘SPXpm’’) (collectively                                                                         contracts, or a portion thereof, is
                                                  referred to as ‘‘SPX options’’) provided                that transactions identified on the Form
                                                                                                          will only be counted towards the                        actually associated with that Customer.
                                                  the Customer registers for the program                                                                          The Exchange notes that providing a
                                                  (the ‘‘Frequent Trader Program’’ or                     identified Customer’s volume if that
                                                                                                          Customer was already registered for the                 mechanism to ‘‘correct’’ FTIDs post-
                                                  ‘‘Program’’).6                                                                                                  trade, helps ensure that a Customer’s
                                                     To participate in the Frequent Trader                Frequent Trader Program prior to the
                                                                                                          time the transaction occurred (e.g., if a               total volume at the end of the month
                                                  Program, Customers register with the
                                                                                                          customer trades 1,000 contracts the                     accurately reflects their real trading
                                                  Exchange. Once registered, the
                                                                                                          morning of April 1 and registers for the                volume, including volume from
                                                  Customer is provided a unique
                                                                                                          Frequent Trader Program the afternoon                   transactions that, upon submission of
                                                  identification number (‘‘FTID’’) that can
                                                                                                          of April 1, that customer cannot have its               the order, did not reflect their FTID. The
                                                  be affixed to each of its orders. The
                                                                                                          executing TPH submit a form on its                      Exchange believes it’s reasonable to
                                                  FTID allows the Exchange to identify
                                                                                                          behalf for those 1,000 contracts                        provide that the Form be submitted
                                                  and aggregate all electronic and manual
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                                                                                                          executed prior to registration in the                   within 3 business days in order to
                                                  trades during both the Regular Trading
                                                                                                          Program). The Exchange lastly proposes                  ensure timely processing and finality.
                                                  Hours and Extended Trading Hours
                                                                                                          to provide that the Frequent Trader                     The Exchange also believes it’s
                                                    5 The Exchange initially filed the proposed
                                                                                                                                                                  reasonable, equitable and not unfairly
                                                  change on April 4, 2016 (SR–CBOE–2016–035). On             7 The Exchange notes that it is the responsibility
                                                                                                                                                                   8 15 U.S.C. 78f(b).
                                                  April 11, 2016, the Exchange withdrew that filing       of the Customer to request that the executing TPH
                                                  and replaced it with SR–CBOE–2016–037.                  affix its FTID to its order(s), and that it is           9 15 U.S.C. 78f(b)(5).
                                                    6 See SR–CBOE–2016–023                                voluntarily for the executing TPH to do so.              10 Id.




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                                                  24680                          Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Notices

                                                  discriminatory to provide that                          19(b)(3)(A) of the Act 11 and Rule 19b–                   • Send an email to rule-comments@
                                                  transactions identified on the Form will                4(f)(6) thereunder.12                                   sec.gov. Please include File Number SR–
                                                  only be counted towards the identified                     A proposed rule change filed                         CBOE–2016–037 on the subject line.
                                                  Customer’s volume if that Customer was                  pursuant to Rule 19b–4(f)(6) under the
                                                  already registered for the Frequent                                                                             Paper Comments
                                                                                                          Act 13 normally does not become
                                                  Trader Program because the Exchange                     operative for 30 days after the date of its               • Send paper comments in triplicate
                                                  does not wish to encourage or allow the                 filing. However, Rule 19b–4(f)(6)(iii) 14               to Secretary, Securities and Exchange
                                                  Frequent Trader Program to be applied                   permits the Commission to designate a                   Commission, 100 F Street NE.,
                                                  retroactively. Additionally, by                         shorter time if such action is consistent               Washington, DC 20549–1090.
                                                  establishing a clear process for                        with the protection of investors and the
                                                  identifying transactions in order for                   public interest. The Exchange has asked                 All submissions should refer to File
                                                  them to qualify for the Frequent Trader                 the Commission to waive the 30-day                      Number SR–CBOE–2016–037. This file
                                                  Program rebates, the proposed rule                      operative delay so that the proposal may                number should be included on the
                                                  change eliminates confusion, thereby                    become operative immediately upon                       subject line if email is used. To help the
                                                  removing an impediment to and                           filing. Consistent with the protection of               Commission process and review your
                                                  perfecting the mechanism of a free and                  investors and the public interest, waiver               comments more efficiently, please use
                                                  open market system. The establishment                   of the 30-day operative delay will                      only one method. The Commission will
                                                  of this process will also make it easier                facilitate the implementation of the                    post all comments on the Commission’s
                                                  for CBOE to administer the Frequent                     Frequent Trader Program and allow                       Internet Web site (http://www.sec.gov/
                                                  Trader Program and ensure that it is                    executing TPHs to use the Exchange’s                    rules/sro.shtml). Copies of the
                                                  appropriately assessed when it is                       process to claim rebates for their                      submission, all subsequent
                                                  applicable.                                             customers. Therefore, the Commission                    amendments, all written statements
                                                  B. Self-Regulatory Organization’s                       hereby waives the operative delay and                   with respect to the proposed rule
                                                  Statement on Burden on Competition                      designates the proposal operative upon                  change that are filed with the
                                                                                                          filing.15                                               Commission, and all written
                                                     CBOE does not believe that the                          At any time within 60 days of the                    communications relating to the
                                                  proposed rule change will impose any                    filing of the proposed rule change, the                 proposed rule change between the
                                                  burden on competition that is not                       Commission summarily may                                Commission and any person, other than
                                                  necessary or appropriate in furtherance                 temporarily suspend such rule change if                 those that may be withheld from the
                                                  of the purposes of the Act because the                  it appears to the Commission that such                  public in accordance with the
                                                  proposed change applies uniformly to                    action is necessary or appropriate in the               provisions of 5 U.S.C. 552, will be
                                                  all executing TPHs of Customer FTID                     public interest, for the protection of                  available for Web site viewing and
                                                  orders and because it provides for a                    investors, or otherwise in furtherance of
                                                                                                                                                                  printing in the Commission’s Public
                                                  clear process to rectify scenarios in                   the purposes of the Act. If the
                                                  which a Customer’s FTID was not                                                                                 Reference Room, 100 F Street NE.,
                                                                                                          Commission takes such action, the
                                                  applied to that Customer’s order. The                                                                           Washington, DC 20549, on official
                                                                                                          Commission shall institute proceedings
                                                  Exchange believes that the proposed                     to determine whether the proposed rule                  business days between the hours of
                                                  rule change will not cause an                           change should be approved or                            10:00 a.m. and 3:00 p.m. Copies of the
                                                  unnecessary burden on intermarket                       disapproved.                                            filing also will be available for
                                                  competition because it only applies to                                                                          inspection and copying at the principal
                                                  trading on CBOE. To the extent that the                 IV. Solicitation of Comments                            office of the Exchange. All comments
                                                  proposed changes make CBOE a more                         Interested persons are invited to                     received will be posted without change;
                                                  attractive marketplace for market                       submit written data, views, and                         the Commission does not edit personal
                                                  participants at other exchanges, such                   arguments concerning the foregoing,                     identifying information from
                                                  market participants are welcome to                      including whether the proposed rule                     submissions. You should submit only
                                                  become CBOE market participants.                        change is consistent with the Act.                      information that you wish to make
                                                                                                          Comments may be submitted by any of                     available publicly. All submissions
                                                  C. Self-Regulatory Organization’s
                                                                                                          the following methods:                                  should refer to File Number SR–CBOE–
                                                  Statement on Comments on the
                                                                                                                                                                  2016–037, and should be submitted on
                                                  Proposed Rule Change Received From                      Electronic Comments
                                                  Members, Participants, or Others                                                                                or before May 17, 2016.
                                                                                                            • Use the Commission’s Internet                          For the Commission, by the Division
                                                    The Exchange neither solicited nor                    comment form (http://www.sec.gov/                       of Trading and Markets, pursuant to
                                                  received comments on the proposed                       rules/sro.shtml); or                                    delegated authority.16
                                                  rule change.
                                                                                                            11 15  U.S.C. 78s(b)(3)(A).                           Robert W. Errett,
                                                  III. Date of Effectiveness of the                         12 17  CFR 240.19b–4(f)(6). As required under Rule    Deputy Secretary.
                                                  Proposed Rule Change and Timing for                     19b–4(f)(6)(iii), the Exchange provided the             [FR Doc. 2016–09595 Filed 4–25–16; 8:45 am]
                                                  Commission Action                                       Commission with written notice of its intent to file
                                                                                                          the proposed rule change, along with a brief            BILLING CODE 8011–01–P
                                                    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
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                                                                                                          of filing of the proposed rule change, or such
                                                  protection of investors or the public                   shorter time as designated by the Commission.
                                                  interest; (ii) impose any significant                      13 17 CFR 240.19b–4(f)(6).

                                                  burden on competition; and (iii) become                    14 17 CFR 240.19b–4(f)(6)(iii).

                                                  operative for 30 days from the date on                     15 For purposes only of waiving the 30-day

                                                  which it was filed, or such shorter time                operative delay, the Commission has also
                                                                                                          considered the proposed rule’s impact on
                                                  as the Commission may designate, it has                 efficiency, competition, and capital formation. See
                                                  become effective pursuant to Section                    15 U.S.C. 78c(f).                                         16 17   CFR 200.30–3(a)(12).



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Document Created: 2016-04-26 01:36:36
Document Modified: 2016-04-26 01:36:36
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 24678 

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