81_FR_26943 81 FR 26857 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to FLEX Options Pilot Program

81 FR 26857 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to FLEX Options Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 86 (May 4, 2016)

Page Range26857-26861
FR Document2016-10436

Federal Register, Volume 81 Issue 86 (Wednesday, May 4, 2016)
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Notices]
[Pages 26857-26861]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10436]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77742; File No. SR-CBOE-2016-032]


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

April 29, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on April 15, 2016, Chicago Board Options Exchange, Incorporated (the 
``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (``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 Flexible 
Exchange Options (``FLEX Options'') pilot program through May 3, 
2017.\5\ The text of the proposed rule change is provided below.
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    \5\ FLEX Options provide investors with the ability to customize 
basic option features including size, expiration date, exercise 
style, and certain exercise prices. FLEX Options can be FLEX Index 
Options or FLEX Equity Options. In addition, other products are 
permitted to be traded pursuant to the FLEX trading procedures. For 
example, credit options are eligible for trading as FLEX Options 
pursuant to the FLEX rules in Chapters XXIVA and XXIVB. See CBOE 
Rules 24A.1(e) and (f), 24A.4(b)(1) and (c)(1), 24B.1(f) and (g), 
24B.4(b)(1) and (c)(1), and 29.18. The rules governing the trading 
of FLEX Options on the FLEX Request for Quote (``RFQ'') System 
platform are contained in Chapter XXIVA. The rules governing the 
trading of FLEX Options on the FLEX Hybrid Trading System platform 
are contained in Chapter XXIVB.

(additions are italicized; deletions are [bracketed])
* * * * *
Chicago Board Options Exchange, Incorporated Rules
* * * * *
Rule 24A.4. Terms of FLEX Options
No change.

[[Page 26858]]

. . . Interpretations and Policies:
.01 FLEX Index Option PM Settlements Pilot Program: Notwithstanding 
subparagraph (a)(2)(iv) above, for a pilot period ending the earlier of 
May 3, 201[6]7 or the date on which the pilot program is approved on a 
permanent basis, a FLEX Index Option that expires on an Expiration 
Friday may have any exercise settlement value that is permissible 
pursuant to subparagraph (b)(3) above.
.02 No change.
* * * * *
Rule 24B.4. Terms of FLEX Options
No change.
. . . Interpretations and Policies:
.01 FLEX Index Option PM Settlements Pilot Program: Notwithstanding 
subparagraph (a)(2)(iv) above, for a pilot period ending the earlier of 
May 3, 201[6]7 or the date on which the pilot program is approved on a 
permanent basis, a FLEX Index Option that expires on an Expiration 
Friday may have any exercise settlement value that is permissible 
pursuant to subparagraph (b)(3) above.
.02 No change.
* * * * *
    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 January 28, 2010, the Exchange received approval of a rule 
change that, among other things, established a pilot program regarding 
permissible exercise settlement values for FLEX Index Options.\6\ The 
Exchange has extended the pilot period five times, which is currently 
set to expire on the earlier of May 3, 2016 or the date on which the 
pilot program is approved on a permanent basis.\7\ The purpose of this 
rule change filing is to extend the pilot program through the earlier 
of May 3, 2017 or the date on which the pilot program is approved on a 
permanent basis. This filing simply seeks to extend the operation of 
the pilot program and does not propose any substantive changes to the 
pilot program.
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    \6\ Securities Exchange Act Release No. 61439 (January 28, 
2010), 75 FR 5831 (February 4, 2010) (SR-CBOE-2009-087) (``Approval 
Order''). The initial pilot period was set to expire on March 28, 
2011, which date was added to the rules in 2010. See Securities 
Exchange Act Release No. 61676 (March 9, 2010), 75 FR 13191 (March 
18, 2010) (SR-CBOE-2010-026).
    \7\ See Securities Exchange Act Release Nos. 64110 (March 23 
[sic], 2011), 76 FR 17463 (March 29, 2011) (SR-CBOE-2011-024) 
(extending the pilot program through the earlier of March 30, 2012 
or the date on which the pilot program is approved on the permanent 
basis); 66701 (March 30, 2012), 77 FR 20673 (April 5, 2012) (SR-
CBOE-2012-027) (extending the pilot through the earlier of November 
2, 2012 or the date on which the pilot program is approved on a 
permanent basis); 68145 (November 2, 2012), 77 FR 67044 (November 8, 
2012) (SR-CBOE-2012-102) (extending the pilot program through the 
earlier of November 2, 2013 or the date on which the pilot program 
is approved on a permanent basis); 70752 (October 24, 2013), 78 FR 
65023 (October 30, 2013) (SR-CBOE-2013-099) (extending the pilot 
program through the earlier of November 3, 2014 or the date on which 
the pilot program is approved on a permanent basis); and 73460 
(October 29, 2014), 79 FR 65464 (November 4, 2014) (SR-CBOE-2014-
080) (extending the pilot program through the earlier of May 3, 2016 
or the date on which the pilot program is approved on a permanent 
basis). At the same time the permissible exercise settlement values 
pilot was established for FLEX Index Options, the Exchange also 
established a pilot program eliminating the minimum value size 
requirements for all FLEX Options. See Approval Order, supra note 2 
[sic]. The pilot program eliminating the minimum value size 
requirements was extended twice pursuant to the same rule filings 
that extended the permissible exercise settlement values (for the 
same extended periods) and was approved on a permanent basis in a 
separate rule change filing. See id. and Securities Exchange Act 
Release No. 67624 (August 8, 2012), 77 FR 48580 (August 14, 2012) 
(SR-CBOE-2012-040).
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    Under Rules 24A.4, Terms of FLEX Options, and 24B.4, Terms of FLEX 
Options, a FLEX Option may expire on any business day specified as to 
day, month and year, not to exceed a maximum term of fifteen years. In 
addition, the exercise settlement value for a FLEX Index Option can be 
specified as the index value determined by reference to the reported 
level of the index as derived from the opening or closing prices of the 
component securities (``a.m. settlement'' or ``p.m. settlement,'' 
respectively) or as a specified average, provided that the average 
index value must conform to the averaging parameters established by the 
Exchange.\8\ However, prior to the initiation of the exercise 
settlement values pilot, only a.m. settlements were permitted if a FLEX 
Index Option expired on, or within two business days of, a third 
Friday-of-the-month expiration (``Expiration Friday'').\9\
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    \8\ See Rules 24A.4(b)(3) and 24B.4(b)(3); see also Securities 
Exchange Act Release No. 31920 (February 24, 1993), 58 FR 12280 
(March 3, 1993) (SR-CBOE-92-017). The Exchange has determined to 
limit the averaging parameters to three alternatives: The average of 
the opening and closing index values on the expiration date; the 
average of intra-day high and low index values on the expiration 
date; and the average of the opening, closing, and intra-day high 
and low index values on the expiration date. Any changes to the 
averaging parameters established by the Exchange would be announced 
to Trading Permit Holders via circular.
    \9\ For example, prior to the pilot, the exercise settlement 
value of a FLEX Index Option that expires on the Tuesday before 
Expiration Friday could have an a.m., p.m. or specified average 
settlement. However, the exercise settlement value of a FLEX Index 
Option that expires on the Wednesday before Expiration Friday could 
only have an a.m. settlement.
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    Under the exercise settlement values pilot, this restriction on 
p.m. and specified average price settlements in FLEX Index Options was 
eliminated.\10\ The exercise settlement values pilot is currently set 
to expire on the earlier of May 3, 2016 or the date on which the pilot 
program is approved on a permanent basis.
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    \10\ No change was necessary or requested with respect to FLEX 
Equity Options. Regardless of the expiration date, FLEX Equity 
Options are settled by physical delivery of the underlying.
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    CBOE is proposing to extend the pilot program through the earlier 
of May 3, 2017 or the date on which the pilot program is approved on a 
permanent basis. CBOE believes the pilot program has been successful 
and well received by its Trading Permit Holders and the investing 
public for the period that it has been in operation as a pilot. In 
support of the proposed extension of the pilot program, and as required 
by the pilot program's Approval Order, the Exchange has submitted to 
the Securities and Exchange Commission (the ``Commission'') pilot 
program reports regarding the pilot, which detail the Exchange's 
experience with the program. Specifically, the Exchange provided the 
Commission with annual reports analyzing volume and open interest for 
each broad-based FLEX Index Options class overlying an Expiration 
Friday, p.m.-settled FLEX Index Options series.\11\ The annual reports 
also contained information and analysis of FLEX Index Options trading

[[Page 26859]]

patterns. The Exchange also provided the Commission, on a periodic 
basis, interim reports of volume and open interest. In providing the 
pilot reports to the Commission, the Exchange has requested 
confidential treatment of the pilot reports under the Freedom of 
Information Act (``FOIA'').\12\ The confidentiality of the pilot 
reports is subject to the provisions of FOIA.
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    \11\ The annual reports also contained certain pilot period and 
pre-pilot period analyses of volume and open interest for Expiration 
Friday, a.m.-settled FLEX Index series and Expiration Friday Non-
FLEX Index series overlying the same index as an Expiration Friday, 
p.m.-settled FLEX Index option.
    \12\ 5 U.S.C. 552.
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    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 has been in operation, the 
program has provided investors with additional means of managing their 
risk exposures and carrying out their investment objectives. 
Furthermore, the Exchange believes that it has not experienced any 
adverse market effects with respect to the pilot program, including any 
adverse market volatility effects that might occur as a result of large 
FLEX exercises in FLEX Option series that expire near Non-FLEX 
expirations and use a p.m. settlement (as discussed below).
    In that regard, based on the Exchange's experience in trading FLEX 
Options to date and over the pilot period, CBOE continues to believe 
that the restrictions on exercise settlement values are no longer 
necessary to insulate Non-FLEX expirations from the potential adverse 
market impacts of FLEX expirations.\13\ To the contrary, CBOE believes 
that the restriction actually places the Exchange at a competitive 
disadvantage to its OTC counterparts in the market for customized 
options, and unnecessarily limits market participants' ability to trade 
in an exchange environment that offers the added benefits of 
transparency, price discovery, liquidity, and financial stability.
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    \13\ In further support, the Exchange also notes that the p.m. 
and specified average price settlements are already permitted for 
FLEX Index Options on any other business day except on, or within 
two business days of, Expiration Friday. The Exchange is not aware 
of any market disruptions or problems caused by the use of these 
settlement methodologies on these expiration dates (or on the 
expiration dates addressed under the pilot program). The Exchange is 
also not aware of any market disruptions or problems caused by the 
use of customized options in the over-the-counter (``OTC'') markets 
that expire on or near Expiration Friday and have a p.m. or 
specified average exercise settlement value. In addition, the 
Exchange believes the reasons for limiting expirations to a.m. 
settlement, which is something the SEC has imposed since the early 
1990s for Non-FLEX Options, revolved around a concern about 
expiration pressure on the New York Stock Exchange (``NYSE'') at the 
close that are no longer relevant in today's market. Today, the 
Exchange believes stock exchanges are able to better handle volume. 
There are multiple primary listing and unlisted trading privilege 
(``UTP'') markets, and trading is dispersed among several exchanges 
and alternative trading systems. In addition, the Exchange believes 
that surveillance techniques are much more robust and automated. In 
the early 1990s, it was also thought by some that opening procedures 
allow more time to attract contra-side interest to reduce 
imbalances. The Exchange believes, however, that today, order flow 
is predominantly electronic and the ability to smooth out openings 
and closes is greatly reduced (e.g., market-on-close procedures work 
just as well as openings). Also, other markets, such as the NASDAQ 
Stock Exchange, do not have the same type of pre-opening imbalance 
disseminations as NYSE, so many stocks are not subject to the same 
procedures on Expiration Friday. In addition, the Exchange believes 
that NYSE has reduced the required time a specialist has to wait 
after disseminating a pre-opening indication. So, in this respect, 
the Exchange believes there is less time to react in the opening 
than in the close. Moreover, to the extent there may be a risk of 
adverse market effects attributable to p.m. settled options (or 
certain average price settled options related to the closing price) 
that would otherwise be traded in a non-transparent fashion in the 
OTC market, the Exchange continues to believe that such risk would 
be lessened by making these customized options eligible for trading 
in an exchange environment because of the added transparency, price 
discovery, liquidity, and financial stability available.
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    The Exchange also notes that certain position limit, aggregation 
and exercise limit requirements continue to apply to FLEX Index Options 
in accordance with Rules 24A.7, Position Limits and Reporting 
Requirements, 24A.8, Exercise Limits, 24B.7, Position Limits and 
Reporting Requirements, and 24B.8, Exercise Limits. Additionally, all 
FLEX Options remain subject to the position reporting requirements in 
paragraph (a) of CBOE Rule 4.13, Reports Related to Position 
Limits.\14\ Moreover, the Exchange and its Trading Permit Holder 
organizations each have the authority, pursuant to CBOE Rule 12.10, 
Margin Required is Minimum, to impose additional margin as deemed 
advisable. CBOE continues to believe these existing safeguards serve 
sufficiently to help monitor open interest in FLEX Option series and 
significantly reduce any risk of adverse market effects that might 
occur as a result of large FLEX exercises in FLEX Option series that 
expire near Non-FLEX expirations and use a p.m. settlement.
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    \14\ CBOE Rule 4.13(a) provides that ``[i]n a manner and form 
prescribed by the Exchange, each Trading Permit Holder shall report 
to the Exchange, the name, address, and social security or tax 
identification number of any customer who, acting alone, or in 
concert with others, on the previous business day maintained 
aggregate long or short positions on the same side of the market of 
200 or more contracts of any single class of option contracts dealt 
in on the Exchange. The report shall indicate for each such class of 
options, the number of option contracts comprising each such 
position and, in the case of short positions, whether covered or 
uncovered.'' For purposes of Rule 4.13, the term ``customer'' in 
respect of any Trading Permit Holder includes ``the Trading Permit 
Holder, any general or special partner of the Trading Permit Holder, 
any officer or director of the Trading Permit Holder, or any 
participant, as such, in any joint, group or syndicate account with 
the Trading Permit Holder or with any partner, officer or director 
thereof.'' Rule 4.13(d).
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    CBOE is also cognizant of the OTC market, in which similar 
restrictions on exercise settlement values do not apply. CBOE continues 
to believe that the pilot program is appropriate and reasonable and 
provides market participants with additional flexibility in determining 
whether to execute their customized options in an exchange environment 
or in the OTC market. CBOE continues to believe that market 
participants benefit from being able to trade these customized options 
in an exchange environment in several ways, including, but not limited 
to, enhanced efficiency in initiating and closing out positions, 
increased market transparency, and heightened contra-party 
creditworthiness due to the role of the Options Clearing Corporation as 
issuer and guarantor of FLEX Options.
    If, in the future, the Exchange proposes an additional extension of 
the pilot program, or should the Exchange propose to make the pilot 
program permanent, the Exchange will submit, along with any filing 
proposing such amendments to the pilot program, an annual report 
(addressing the same areas referenced above and consistent with the 
pilot program's Approval Order) to the Commission at least two months 
prior to the expiration date of the program. The Exchange will also 
continue, on a periodic basis, to submit interim reports of volume and 
open interest consistent with the terms of the exercise settlement 
values pilot program as described in the pilot program's Approval 
Order. All such pilot reports would continue to be provided by the 
Exchange along with a request for confidential treatment under 
FOIA.\15\ As noted in the pilot program's Approval Order, any positions 
established under the pilot program would not be impacted by the 
expiration of the pilot program.\16\
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    \15\ See supra note 7 [sic] 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.
    \16\ For example, a position in a p.m.-settled FLEX Index Option 
series that expires on Expiration Friday in January 2018 could be 
established during the exercise settlement values pilot. If the 
pilot program were not extended (or made permanent), then the 
position could continue to exist. However, the Exchange notes that 
any further trading in the series would be restricted to 
transactions where at least one side of the trade is a closing 
transaction. See Approval Order at footnotes 9 and 10, supra note 2 
[sic].
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act

[[Page 26860]]

and the rules and regulations thereunder applicable to the Exchange 
and, in particular, the requirements of Section 6(b) of the Act.\17\ 
Specifically, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \18\ 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) \19\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ Id.
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    In particular, the Exchange believes that the proposed extension of 
the pilot program, which permits additional exercise settlement values, 
would provide greater opportunities for investors to manage risk 
through the use of FLEX Options. Further, the Exchange believes that it 
has not experienced any adverse effects from the operation of the pilot 
program, including any adverse market volatility effects that might 
occur as a result of large FLEX exercises in FLEX Option series that 
expire near Non-FLEX expirations and use a p.m. settlement. The 
Exchange also believes that the extension of the exercise settlement 
values pilot does not raise any unique regulatory concerns. In 
particular, although p.m. settlements may raise questions with the 
Commission, the Exchange believes that, based on the Exchange's 
experience in trading FLEX Options to date and over the pilot period, 
market impact and investor protection concerns will not be raised by 
this rule change. The Exchange also believes that the proposed rule 
change would continue to provide Trading Permit Holders and investors 
with additional opportunities to trade customized options in an 
exchange environment (which offers the added benefits of transparency, 
price discovery, liquidity, and financial stability as compared to the 
over-the-counter market) and subject to exchange-based rules, and 
investors would benefit as a result.

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 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 has been in operation, the program has provided investors with 
additional means of managing their risk exposures and carrying out 
their investment objectives. Furthermore, the Exchange believes that it 
has not experienced any adverse market effects with respect to the 
pilot program, including any adverse market volatility effects that 
might occur as a result of large FLEX exercises in FLEX Option series 
that expire near Non-Flex expirations and use a p.m. settlement. CBOE 
believes that the restriction actually places the Exchange at a 
competitive disadvantage to its OTC counterparts in the market for 
customized options, and unnecessarily limits market participants' 
ability to trade in an exchange environment that offers the added 
benefits of transparency, price discovery, liquidity, and financial 
stability. Therefore, the Exchange does not believe that the proposed 
rule change will impose any burden on competition.

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 \20\ and Rule 19b-4(f)(6) 
thereunder.\21\
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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires the Exchange to give the Commission written notice of its 
intent to file the proposed rule change, along with a brief 
description and 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. The 
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \22\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\23\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has 
requested that the Commission waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
states that such waiver will allow the Exchange to extend the pilot 
program prior to its expiration on May 3, 2016, and maintain the status 
quo, thereby reducing market disruption.
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    \22\ 17 CFR 240.19b-4(f)(6).
    \23\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Waiver of the operative delay will allow the Exchange to extend the 
pilot program prior to its expiration on May 3, 2016, which will ensure 
that the program continues to operate uninterrupted. Therefore, the 
Commission hereby waives the 30-day operative delay and designates the 
proposed rule change to be operative upon filing with the 
Commission.\24\
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    \24\ For purposes only of waiving the operative delay for this 
proposal, the Commission has 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 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

[[Page 26861]]

     Send an email to [email protected]. Please include 
File Number SR-CBOE-2016-032 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-2016-032. 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-2016-032 and should be 
submitted on or before May 25, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12) and (59).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-10436 Filed 5-3-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices                                                      26857

                                                    SECURITIES AND EXCHANGE                                 total burden of approximately 2,250                   SECURITIES AND EXCHANGE
                                                    COMMISSION                                              hours, based upon past submissions.                   COMMISSION
                                                                                                            This figure is based on eighteen
                                                    Submission for OMB Review;                                                                                    [Release No. 34–77742; File No. SR–CBOE–
                                                                                                            respondents, spending approximately                   2016–032]
                                                    Comment Request                                         125 hours each per year. It is estimated
                                                    Upon Written Request, Copies Available                  that each respondent will submit                      Self-Regulatory Organizations;
                                                     From: Securities and Exchange                          approximately 250 responses.                          Chicago Board Options Exchange,
                                                     Commission, Office of FOIA Services,                   Commission staff estimates that the                   Incorporated; Notice of Filing and
                                                     100 F Street NE., Washington, DC                       average number of hours necessary to                  Immediate Effectiveness of a Proposed
                                                     20549–2736.                                            comply with the requirements of Rule                  Rule Change Relating to FLEX Options
                                                    Extension:                                              19d–1 for each submission is 0.5 hours.               Pilot Program
                                                      Rule 19d–1, SEC File No. 270–242, OMB                 The average cost per hour, per each                   April 29, 2016.
                                                        Control No. 3235–0206.                              submission is approximately $101.                        Pursuant to Section 19(b)(1) of the
                                                       Notice is hereby given that pursuant                 Therefore, it is estimated that the                   Securities Exchange Act of 1934
                                                    to the Paperwork Reduction Act of 1995                  internal labor cost of compliance for all             (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the                 respondents is approximately $227,250                 notice is hereby given that on April 15,
                                                    Securities and Exchange Commission                      (18 respondents × 250 responses per                   2016, Chicago Board Options Exchange,
                                                    (‘‘Commission’’) has submitted to the                   respondent × 0.5 hours per response ×                 Incorporated (the ‘‘Exchange’’ or
                                                    Office of Management and Budget                         $101 per hour).                                       ‘‘CBOE’’) filed with the Securities and
                                                    (‘‘OMB’’) a request for approval of                       The filing of notices pursuant to Rule              Exchange Commission (‘‘Commission’’)
                                                    extension of the previously approved                                                                          the proposed rule change as described
                                                                                                            19d–1 is mandatory for the SROs, but
                                                    collection of information provided for in                                                                     in Items I and II below, which Items
                                                                                                            does not involve the collection of
                                                    Rule 19d–1 (17 CFR 240.19d–1) under                                                                           have been prepared by the Exchange.
                                                    the Securities Exchange Act of 1934 (17                 confidential information. Rule 19d–1
                                                                                                            does not have a record retention                      The Exchange filed the proposal as a
                                                    U.S.C. 78a et seq.) (‘‘Exchange Act’’).                                                                       ‘‘non-controversial’’ proposed rule
                                                       Rule 19d–1 prescribes the form and                   requirement.
                                                                                                                                                                  change pursuant to Section
                                                    content of notices to be filed with the                   An agency may not conduct or                        19(b)(3)(A)(iii) of the Act 3 and Rule
                                                    Commission by self-regulatory                           sponsor, and a person is not required to              19b–4(f)(6) thereunder.4 The
                                                    organizations (‘‘SROs’’) for which the                  respond to, a collection of information               Commission is publishing this notice to
                                                    Commission is the appropriate                           under the PRA unless it displays a                    solicit comments on the proposed rule
                                                    regulatory agency concerning the                        currently valid OMB control number.                   change from interested persons.
                                                    following final SRO actions: (1)
                                                    Disciplinary actions with respect to any                  The public may view background                      I. Self-Regulatory Organization’s
                                                    person; (2) denial, bar, prohibition, or                documentation for this information                    Statement of the Terms of Substance of
                                                    limitation of membership, participation                 collection at the following Web site,                 the Proposed Rule Change
                                                    or association with a member or of                      www.reginfo.gov. Comments should be                      The Exchange proposes to extend the
                                                    access to services offered by an SRO or                 directed to: (i) Desk Officer for the                 operation of its Flexible Exchange
                                                    member thereof; (3) summarily                           Securities and Exchange Commission,                   Options (‘‘FLEX Options’’) pilot
                                                    suspending a member, participant, or                    Office of Information and Regulatory                  program through May 3, 2017.5 The text
                                                    person associated with a member, or                     Affairs, Office of Management and                     of the proposed rule change is provided
                                                    summarily limiting or prohibiting any                   Budget, Room 10102, New Executive                     below.
                                                    persons with respect to access to or                    Office Building, Washington, DC 20503                 (additions are italicized; deletions are
                                                    services offered by the SRO or a member                 or by sending an email to:                               [bracketed])
                                                    thereof; and (4) delisting a security.                  Shagufta_Ahmed@omb.eop.gov; and (ii)
                                                       The Rule enables the Commission to                                                                         *      *    *     *     *
                                                                                                            Pamela C. Dyson, Director/Chief                       Chicago Board Options Exchange,
                                                    obtain reports from the SROs containing                 Information Officer, Securities and                      Incorporated Rules
                                                    information regarding SRO                               Exchange Commission, c/o Remi Pavlik-
                                                    determinations to delist a security,                                                                          *      *    *     *     *
                                                                                                            Simon, 100 F Street NE., Washington,                  Rule 24A.4. Terms of FLEX Options
                                                    discipline members or associated                        DC 20549, or by sending an email to:
                                                    persons of members, deny membership                                                                           No change.
                                                                                                            PRA_Mailbox@sec.gov. Comments must
                                                    or participation or association with a
                                                                                                            be submitted to OMB within 30 days of                   1 15  U.S.C. 78s(b)(1).
                                                    member, and similar adjudicated
                                                                                                            this notice.                                            2 17  CFR 240.19b–4.
                                                    findings. The Rule requires that such                                                                            3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                    actions be promptly reported to the                       Dated: April 28, 2016.                                 4 17 CFR 240.19b–4(f)(6).

                                                    Commission. The Rule also requires that                 Robert W. Errett,                                        5 FLEX Options provide investors with the ability

                                                    the reports and notices supply sufficient               Deputy Secretary.                                     to customize basic option features including size,
                                                    information regarding the background,                                                                         expiration date, exercise style, and certain exercise
                                                                                                            [FR Doc. 2016–10364 Filed 5–3–16; 8:45 am]            prices. FLEX Options can be FLEX Index Options
                                                    factual basis and issues involved in the                                                                      or FLEX Equity Options. In addition, other products
                                                                                                            BILLING CODE 8011–01–P
                                                    proceeding to enable the Commission:                                                                          are permitted to be traded pursuant to the FLEX
                                                    (1) To determine whether the matter
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  trading procedures. For example, credit options are
                                                    should be called up for review on the                                                                         eligible for trading as FLEX Options pursuant to the
                                                                                                                                                                  FLEX rules in Chapters XXIVA and XXIVB. See
                                                    Commission’s own motion; and (2) to                                                                           CBOE Rules 24A.1(e) and (f), 24A.4(b)(1) and (c)(1),
                                                    ascertain generally whether the SRO has                                                                       24B.1(f) and (g), 24B.4(b)(1) and (c)(1), and 29.18.
                                                    adequately carried out its                                                                                    The rules governing the trading of FLEX Options on
                                                    responsibilities under the Exchange Act.                                                                      the FLEX Request for Quote (‘‘RFQ’’) System
                                                                                                                                                                  platform are contained in Chapter XXIVA. The rules
                                                       It is estimated that approximately                                                                         governing the trading of FLEX Options on the FLEX
                                                    eighteen respondents will utilize this                                                                        Hybrid Trading System platform are contained in
                                                    application procedure annually, with a                                                                        Chapter XXIVB.



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                                                    26858                         Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices

                                                    . . . Interpretations and Policies:                     Options.6 The Exchange has extended                    Exchange.8 However, prior to the
                                                    .01 FLEX Index Option PM Settlements                    the pilot period five times, which is                  initiation of the exercise settlement
                                                       Pilot Program: Notwithstanding                       currently set to expire on the earlier of              values pilot, only a.m. settlements were
                                                       subparagraph (a)(2)(iv) above, for a                 May 3, 2016 or the date on which the                   permitted if a FLEX Index Option
                                                       pilot period ending the earlier of May               pilot program is approved on a                         expired on, or within two business days
                                                       3, 201[6]7 or the date on which the                  permanent basis.7 The purpose of this                  of, a third Friday-of-the-month
                                                       pilot program is approved on a                       rule change filing is to extend the pilot              expiration (‘‘Expiration Friday’’).9
                                                       permanent basis, a FLEX Index                        program through the earlier of May 3,                     Under the exercise settlement values
                                                       Option that expires on an Expiration                 2017 or the date on which the pilot                    pilot, this restriction on p.m. and
                                                       Friday may have any exercise                         program is approved on a permanent                     specified average price settlements in
                                                       settlement value that is permissible                 basis. This filing simply seeks to extend              FLEX Index Options was eliminated.10
                                                       pursuant to subparagraph (b)(3)                      the operation of the pilot program and                 The exercise settlement values pilot is
                                                       above.                                               does not propose any substantive                       currently set to expire on the earlier of
                                                    .02 No change.                                          changes to the pilot program.                          May 3, 2016 or the date on which the
                                                                                                              Under Rules 24A.4, Terms of FLEX                     pilot program is approved on a
                                                    *      *     *    *     *
                                                                                                            Options, and 24B.4, Terms of FLEX                      permanent basis.
                                                    Rule 24B.4. Terms of FLEX Options
                                                                                                            Options, a FLEX Option may expire on                      CBOE is proposing to extend the pilot
                                                    No change.                                              any business day specified as to day,
                                                    . . . Interpretations and Policies:                                                                            program through the earlier of May 3,
                                                                                                            month and year, not to exceed a                        2017 or the date on which the pilot
                                                    .01 FLEX Index Option PM Settlements                    maximum term of fifteen years. In
                                                       Pilot Program: Notwithstanding                                                                              program is approved on a permanent
                                                                                                            addition, the exercise settlement value                basis. CBOE believes the pilot program
                                                       subparagraph (a)(2)(iv) above, for a                 for a FLEX Index Option can be
                                                       pilot period ending the earlier of May                                                                      has been successful and well received
                                                                                                            specified as the index value determined                by its Trading Permit Holders and the
                                                       3, 201[6]7 or the date on which the                  by reference to the reported level of the
                                                       pilot program is approved on a                                                                              investing public for the period that it
                                                                                                            index as derived from the opening or                   has been in operation as a pilot. In
                                                       permanent basis, a FLEX Index                        closing prices of the component
                                                       Option that expires on an Expiration                                                                        support of the proposed extension of the
                                                                                                            securities (‘‘a.m. settlement’’ or ‘‘p.m.              pilot program, and as required by the
                                                       Friday may have any exercise                         settlement,’’ respectively) or as a
                                                       settlement value that is permissible                                                                        pilot program’s Approval Order, the
                                                                                                            specified average, provided that the                   Exchange has submitted to the
                                                       pursuant to subparagraph (b)(3)                      average index value must conform to the
                                                       above.                                                                                                      Securities and Exchange Commission
                                                                                                            averaging parameters established by the                (the ‘‘Commission’’) pilot program
                                                    .02 No change.
                                                                                                                                                                   reports regarding the pilot, which detail
                                                    *      *     *    *     *                                  6 Securities Exchange Act Release No. 61439
                                                                                                                                                                   the Exchange’s experience with the
                                                       The text of the proposed rule change                 (January 28, 2010), 75 FR 5831 (February 4, 2010)
                                                                                                            (SR–CBOE–2009–087) (‘‘Approval Order’’). The           program. Specifically, the Exchange
                                                    is also available on the Exchange’s Web                 initial pilot period was set to expire on March 28,    provided the Commission with annual
                                                    site (http://www.cboe.com/AboutCBOE/                    2011, which date was added to the rules in 2010.       reports analyzing volume and open
                                                    CBOELegalRegulatoryHome.aspx), at                       See Securities Exchange Act Release No. 61676
                                                                                                                                                                   interest for each broad-based FLEX
                                                                                                            (March 9, 2010), 75 FR 13191 (March 18, 2010) (SR–
                                                    the Exchange’s Office of the Secretary,                 CBOE–2010–026).                                        Index Options class overlying an
                                                    and at the Commission’s Public                             7 See Securities Exchange Act Release Nos. 64110    Expiration Friday, p.m.-settled FLEX
                                                    Reference Room.                                         (March 23 [sic], 2011), 76 FR 17463 (March 29,         Index Options series.11 The annual
                                                                                                            2011) (SR–CBOE–2011–024) (extending the pilot
                                                    II. Self-Regulatory Organization’s                      program through the earlier of March 30, 2012 or       reports also contained information and
                                                    Statement of the Purpose of, and                        the date on which the pilot program is approved on     analysis of FLEX Index Options trading
                                                    Statutory Basis for, the Proposed Rule                  the permanent basis); 66701 (March 30, 2012), 77
                                                                                                            FR 20673 (April 5, 2012) (SR–CBOE–2012–027)               8 See Rules 24A.4(b)(3) and 24B.4(b)(3); see also
                                                    Change                                                  (extending the pilot through the earlier of            Securities Exchange Act Release No. 31920
                                                      In its filing with the Commission, the                November 2, 2012 or the date on which the pilot        (February 24, 1993), 58 FR 12280 (March 3, 1993)
                                                                                                            program is approved on a permanent basis); 68145       (SR–CBOE–92–017). The Exchange has determined
                                                    Exchange included statements                            (November 2, 2012), 77 FR 67044 (November 8,           to limit the averaging parameters to three
                                                    concerning the purpose of and basis for                 2012) (SR–CBOE–2012–102) (extending the pilot          alternatives: The average of the opening and closing
                                                    the proposed rule change and discussed                  program through the earlier of November 2, 2013 or     index values on the expiration date; the average of
                                                    any comments it received on the                         the date on which the pilot program is approved on     intra-day high and low index values on the
                                                                                                            a permanent basis); 70752 (October 24, 2013), 78 FR    expiration date; and the average of the opening,
                                                    proposed rule change. The text of these                 65023 (October 30, 2013) (SR–CBOE–2013–099)            closing, and intra-day high and low index values on
                                                    statements may be examined at the                       (extending the pilot program through the earlier of    the expiration date. Any changes to the averaging
                                                    places specified in Item IV below. The                  November 3, 2014 or the date on which the pilot        parameters established by the Exchange would be
                                                                                                            program is approved on a permanent basis); and
                                                    Exchange has prepared summaries, set                    73460 (October 29, 2014), 79 FR 65464 (November
                                                                                                                                                                   announced to Trading Permit Holders via circular.
                                                                                                                                                                      9 For example, prior to the pilot, the exercise
                                                    forth in sections A, B, and C below, of                 4, 2014) (SR–CBOE–2014–080) (extending the pilot
                                                                                                                                                                   settlement value of a FLEX Index Option that
                                                    the most significant aspects of such                    program through the earlier of May 3, 2016 or the
                                                                                                                                                                   expires on the Tuesday before Expiration Friday
                                                    statements.                                             date on which the pilot program is approved on a
                                                                                                            permanent basis). At the same time the permissible     could have an a.m., p.m. or specified average
                                                                                                                                                                   settlement. However, the exercise settlement value
                                                    A. Self-Regulatory Organization’s                       exercise settlement values pilot was established for
                                                                                                                                                                   of a FLEX Index Option that expires on the
                                                    Statement of the Purpose of, and                        FLEX Index Options, the Exchange also established
                                                                                                            a pilot program eliminating the minimum value size     Wednesday before Expiration Friday could only
                                                    Statutory Basis for, the Proposed Rule                                                                         have an a.m. settlement.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            requirements for all FLEX Options. See Approval
                                                                                                                                                                      10 No change was necessary or requested with
                                                    Change                                                  Order, supra note 2 [sic]. The pilot program
                                                                                                            eliminating the minimum value size requirements        respect to FLEX Equity Options. Regardless of the
                                                    1. Purpose                                              was extended twice pursuant to the same rule           expiration date, FLEX Equity Options are settled by
                                                                                                            filings that extended the permissible exercise         physical delivery of the underlying.
                                                      On January 28, 2010, the Exchange                     settlement values (for the same extended periods)         11 The annual reports also contained certain pilot

                                                    received approval of a rule change that,                and was approved on a permanent basis in a             period and pre-pilot period analyses of volume and
                                                    among other things, established a pilot                 separate rule change filing. See id. and Securities    open interest for Expiration Friday, a.m.-settled
                                                                                                            Exchange Act Release No. 67624 (August 8, 2012),       FLEX Index series and Expiration Friday Non-FLEX
                                                    program regarding permissible exercise                  77 FR 48580 (August 14, 2012) (SR–CBOE–2012–           Index series overlying the same index as an
                                                    settlement values for FLEX Index                        040).                                                  Expiration Friday, p.m.-settled FLEX Index option.



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                                                                                   Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices                                                        26859

                                                    patterns. The Exchange also provided                    CBOE believes that the restriction                      expire near Non-FLEX expirations and
                                                    the Commission, on a periodic basis,                    actually places the Exchange at a                       use a p.m. settlement.
                                                    interim reports of volume and open                      competitive disadvantage to its OTC                        CBOE is also cognizant of the OTC
                                                    interest. In providing the pilot reports to             counterparts in the market for                          market, in which similar restrictions on
                                                    the Commission, the Exchange has                        customized options, and unnecessarily                   exercise settlement values do not apply.
                                                    requested confidential treatment of the                 limits market participants’ ability to                  CBOE continues to believe that the pilot
                                                    pilot reports under the Freedom of                      trade in an exchange environment that                   program is appropriate and reasonable
                                                    Information Act (‘‘FOIA’’).12 The                       offers the added benefits of                            and provides market participants with
                                                    confidentiality of the pilot reports is                 transparency, price discovery, liquidity,               additional flexibility in determining
                                                    subject to the provisions of FOIA.                      and financial stability.                                whether to execute their customized
                                                       The Exchange believes there is                          The Exchange also notes that certain                 options in an exchange environment or
                                                    sufficient investor interest and demand                 position limit, aggregation and exercise                in the OTC market. CBOE continues to
                                                    in the pilot program to warrant its                     limit requirements continue to apply to                 believe that market participants benefit
                                                    extension. The Exchange believes that,                  FLEX Index Options in accordance with                   from being able to trade these
                                                    for the period that the pilot has been in               Rules 24A.7, Position Limits and                        customized options in an exchange
                                                    operation, the program has provided                     Reporting Requirements, 24A.8,                          environment in several ways, including,
                                                    investors with additional means of                      Exercise Limits, 24B.7, Position Limits                 but not limited to, enhanced efficiency
                                                    managing their risk exposures and                       and Reporting Requirements, and 24B.8,                  in initiating and closing out positions,
                                                    carrying out their investment objectives.               Exercise Limits. Additionally, all FLEX                 increased market transparency, and
                                                    Furthermore, the Exchange believes that                 Options remain subject to the position                  heightened contra-party
                                                    it has not experienced any adverse                      reporting requirements in paragraph (a)                 creditworthiness due to the role of the
                                                    market effects with respect to the pilot                of CBOE Rule 4.13, Reports Related to                   Options Clearing Corporation as issuer
                                                    program, including any adverse market                   Position Limits.14 Moreover, the                        and guarantor of FLEX Options.
                                                    volatility effects that might occur as a                Exchange and its Trading Permit Holder                     If, in the future, the Exchange
                                                    result of large FLEX exercises in FLEX                  organizations each have the authority,                  proposes an additional extension of the
                                                    Option series that expire near Non-                     pursuant to CBOE Rule 12.10, Margin                     pilot program, or should the Exchange
                                                    FLEX expirations and use a p.m.                         Required is Minimum, to impose                          propose to make the pilot program
                                                    settlement (as discussed below).                        additional margin as deemed advisable.                  permanent, the Exchange will submit,
                                                       In that regard, based on the                         CBOE continues to believe these                         along with any filing proposing such
                                                    Exchange’s experience in trading FLEX                   existing safeguards serve sufficiently to               amendments to the pilot program, an
                                                    Options to date and over the pilot                      help monitor open interest in FLEX                      annual report (addressing the same
                                                    period, CBOE continues to believe that                                                                          areas referenced above and consistent
                                                                                                            Option series and significantly reduce
                                                    the restrictions on exercise settlement                                                                         with the pilot program’s Approval
                                                                                                            any risk of adverse market effects that
                                                    values are no longer necessary to                                                                               Order) to the Commission at least two
                                                                                                            might occur as a result of large FLEX
                                                    insulate Non-FLEX expirations from the                                                                          months prior to the expiration date of
                                                                                                            exercises in FLEX Option series that
                                                    potential adverse market impacts of                                                                             the program. The Exchange will also
                                                    FLEX expirations.13 To the contrary,                    type of pre-opening imbalance disseminations as         continue, on a periodic basis, to submit
                                                                                                            NYSE, so many stocks are not subject to the same        interim reports of volume and open
                                                      12 5 U.S.C. 552.                                      procedures on Expiration Friday. In addition, the       interest consistent with the terms of the
                                                      13 In further support, the Exchange also notes that   Exchange believes that NYSE has reduced the             exercise settlement values pilot program
                                                    the p.m. and specified average price settlements are    required time a specialist has to wait after
                                                    already permitted for FLEX Index Options on any         disseminating a pre-opening indication. So, in this     as described in the pilot program’s
                                                    other business day except on, or within two             respect, the Exchange believes there is less time to    Approval Order. All such pilot reports
                                                    business days of, Expiration Friday. The Exchange       react in the opening than in the close. Moreover, to    would continue to be provided by the
                                                    is not aware of any market disruptions or problems      the extent there may be a risk of adverse market        Exchange along with a request for
                                                    caused by the use of these settlement methodologies     effects attributable to p.m. settled options (or
                                                    on these expiration dates (or on the expiration dates   certain average price settled options related to the    confidential treatment under FOIA.15 As
                                                    addressed under the pilot program). The Exchange        closing price) that would otherwise be traded in a      noted in the pilot program’s Approval
                                                    is also not aware of any market disruptions or          non-transparent fashion in the OTC market, the          Order, any positions established under
                                                    problems caused by the use of customized options        Exchange continues to believe that such risk would      the pilot program would not be
                                                    in the over-the-counter (‘‘OTC’’) markets that expire   be lessened by making these customized options
                                                    on or near Expiration Friday and have a p.m. or         eligible for trading in an exchange environment         impacted by the expiration of the pilot
                                                    specified average exercise settlement value. In         because of the added transparency, price discovery,     program.16
                                                    addition, the Exchange believes the reasons for         liquidity, and financial stability available.
                                                    limiting expirations to a.m. settlement, which is          14 CBOE Rule 4.13(a) provides that ‘‘[i]n a manner   2. Statutory Basis
                                                    something the SEC has imposed since the early           and form prescribed by the Exchange, each Trading          The Exchange believes the proposed
                                                    1990s for Non-FLEX Options, revolved around a           Permit Holder shall report to the Exchange, the
                                                    concern about expiration pressure on the New York       name, address, and social security or tax
                                                                                                                                                                    rule change is consistent with the Act
                                                    Stock Exchange (‘‘NYSE’’) at the close that are no      identification number of any customer who, acting
                                                                                                                                                                      15 See supra note 7 [sic] and surrounding
                                                    longer relevant in today’s market. Today, the           alone, or in concert with others, on the previous
                                                    Exchange believes stock exchanges are able to better    business day maintained aggregate long or short         discussion. If the Exchange seeks permanent
                                                    handle volume. There are multiple primary listing       positions on the same side of the market of 200 or      approval of the pilot program, the Exchange
                                                    and unlisted trading privilege (‘‘UTP’’) markets, and   more contracts of any single class of option            recognizes that certain information in the pilot
                                                    trading is dispersed among several exchanges and        contracts dealt in on the Exchange. The report shall    reports may need to be made available on a public
                                                    alternative trading systems. In addition, the           indicate for each such class of options, the number     basis.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Exchange believes that surveillance techniques are      of option contracts comprising each such position         16 For example, a position in a p.m.-settled FLEX

                                                    much more robust and automated. In the early            and, in the case of short positions, whether covered    Index Option series that expires on Expiration
                                                    1990s, it was also thought by some that opening         or uncovered.’’ For purposes of Rule 4.13, the term     Friday in January 2018 could be established during
                                                    procedures allow more time to attract contra-side       ‘‘customer’’ in respect of any Trading Permit Holder    the exercise settlement values pilot. If the pilot
                                                    interest to reduce imbalances. The Exchange             includes ‘‘the Trading Permit Holder, any general       program were not extended (or made permanent),
                                                    believes, however, that today, order flow is            or special partner of the Trading Permit Holder, any    then the position could continue to exist. However,
                                                    predominantly electronic and the ability to smooth      officer or director of the Trading Permit Holder, or    the Exchange notes that any further trading in the
                                                    out openings and closes is greatly reduced (e.g.,       any participant, as such, in any joint, group or        series would be restricted to transactions where at
                                                    market-on-close procedures work just as well as         syndicate account with the Trading Permit Holder        least one side of the trade is a closing transaction.
                                                    openings). Also, other markets, such as the             or with any partner, officer or director thereof.’’     See Approval Order at footnotes 9 and 10, supra
                                                    NASDAQ Stock Exchange, do not have the same             Rule 4.13(d).                                           note 2 [sic].



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                                                    26860                             Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices

                                                    and the rules and regulations                               B. Self-Regulatory Organization’s                         A proposed rule change filed under
                                                    thereunder applicable to the Exchange                       Statement on Burden on Competition                     Rule 19b–4(f)(6) 22 normally does not
                                                    and, in particular, the requirements of                        CBOE does not believe that the                      become operative for 30 days after the
                                                    Section 6(b) of the Act.17 Specifically,                    proposed rule change will impose any                   date of filing. However, pursuant to
                                                    the Exchange believes the proposed rule                     burden on competition that is not                      Rule 19b–4(f)(6)(iii),23 the Commission
                                                    change is consistent with the Section                       necessary or appropriate in furtherance                may designate a shorter time if such
                                                    6(b)(5) 18 requirements that the rules of                   of the purposes of the Act. The                        action is consistent with the protection
                                                    an exchange be designed to prevent                          Exchange believes there is sufficient                  of investors and the public interest. The
                                                    fraudulent and manipulative acts and                        investor interest and demand in the                    Exchange has requested that the
                                                    practices, to promote just and equitable                    pilot program to warrant its extension.                Commission waive the 30-day operative
                                                    principles of trade, to foster cooperation                  The Exchange believes that, for the                    delay so that the proposal may become
                                                    and coordination with persons engaged                       period that the pilot has been in                      operative immediately upon filing. The
                                                    in regulating, clearing, settling,                          operation, the program has provided                    Exchange states that such waiver will
                                                    processing information with respect to,                                                                            allow the Exchange to extend the pilot
                                                                                                                investors with additional means of
                                                    and facilitating transactions in                                                                                   program prior to its expiration on May
                                                                                                                managing their risk exposures and
                                                    securities, to remove impediments to                                                                               3, 2016, and maintain the status quo,
                                                                                                                carrying out their investment objectives.
                                                    and perfect the mechanism of a free and                                                                            thereby reducing market disruption.
                                                                                                                Furthermore, the Exchange believes that                   The Commission believes that
                                                    open market and a national market                           it has not experienced any adverse
                                                    system, and, in general, to protect                                                                                waiving the 30-day operative delay is
                                                                                                                market effects with respect to the pilot               consistent with the protection of
                                                    investors and the public interest.                          program, including any adverse market
                                                    Additionally, the Exchange believes the                                                                            investors and the public interest. Waiver
                                                                                                                volatility effects that might occur as a               of the operative delay will allow the
                                                    proposed rule change is consistent with                     result of large FLEX exercises in FLEX
                                                    the Section 6(b)(5) 19 requirement that                                                                            Exchange to extend the pilot program
                                                                                                                Option series that expire near Non-Flex                prior to its expiration on May 3, 2016,
                                                    the rules of an exchange not be designed                    expirations and use a p.m. settlement.
                                                    to permit unfair discrimination between                                                                            which will ensure that the program
                                                                                                                CBOE believes that the restriction                     continues to operate uninterrupted.
                                                    customers, issuers, brokers, or dealers.                    actually places the Exchange at a                      Therefore, the Commission hereby
                                                       In particular, the Exchange believes                     competitive disadvantage to its OTC                    waives the 30-day operative delay and
                                                    that the proposed extension of the pilot                    counterparts in the market for                         designates the proposed rule change to
                                                    program, which permits additional                           customized options, and unnecessarily                  be operative upon filing with the
                                                    exercise settlement values, would                           limits market participants’ ability to                 Commission.24
                                                    provide greater opportunities for                           trade in an exchange environment that                     At any time within 60 days of the
                                                    investors to manage risk through the use                    offers the added benefits of                           filing of the proposed rule change, the
                                                    of FLEX Options. Further, the Exchange                      transparency, price discovery, liquidity,              Commission summarily may
                                                    believes that it has not experienced any                    and financial stability. Therefore, the                temporarily suspend such rule change if
                                                    adverse effects from the operation of the                   Exchange does not believe that the                     it appears to the Commission that such
                                                    pilot program, including any adverse                        proposed rule change will impose any                   action is necessary or appropriate in the
                                                    market volatility effects that might occur                  burden on competition.                                 public interest, for the protection of
                                                    as a result of large FLEX exercises in                                                                             investors, or otherwise in furtherance of
                                                                                                                C. Self-Regulatory Organization’s
                                                    FLEX Option series that expire near                                                                                the purposes of the Act. If the
                                                                                                                Statement on Comments on the
                                                    Non-FLEX expirations and use a p.m.                                                                                Commission takes such action, the
                                                                                                                Proposed Rule Change Received From
                                                    settlement. The Exchange also believes                                                                             Commission shall institute proceedings
                                                                                                                Members, Participants, or Others
                                                    that the extension of the exercise                                                                                 to determine whether the proposed rule
                                                    settlement values pilot does not raise                        The Exchange neither solicited nor                   should be approved or disapproved.
                                                    any unique regulatory concerns. In                          received comments on the proposed
                                                    particular, although p.m. settlements                       rule change.                                           IV. Solicitation of Comments
                                                    may raise questions with the                                III. Date of Effectiveness of the                        Interested persons are invited to
                                                    Commission, the Exchange believes                           Proposed Rule Change and Timing for                    submit written data, views and
                                                    that, based on the Exchange’s                               Commission Action                                      arguments concerning the foregoing,
                                                    experience in trading FLEX Options to                                                                              including whether the proposed rule
                                                    date and over the pilot period, market                         Because the proposed rule change                    change is consistent with the Act.
                                                    impact and investor protection concerns                     does not (i) significantly affect the                  Comments may be submitted by any of
                                                    will not be raised by this rule change.                     protection of investors or the public                  the following methods:
                                                    The Exchange also believes that the                         interest; (ii) impose any significant
                                                                                                                burden on competition; and (iii) become                Electronic Comments
                                                    proposed rule change would continue to
                                                    provide Trading Permit Holders and                          operative for 30 days from the date on                   • Use the Commission’s Internet
                                                    investors with additional opportunities                     which it was filed, or such shorter time               comment form (http://www.sec.gov/
                                                    to trade customized options in an                           as the Commission may designate if                     rules/sro.shtml); or
                                                    exchange environment (which offers the                      consistent with the protection of
                                                    added benefits of transparency, price                       investors and the public interest, the                 and text of the proposed rule change, at least five
                                                                                                                proposed rule change has become                        business days prior to the date of filing of the
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                                                    discovery, liquidity, and financial                                                                                proposed rule change, or such shorter time as
                                                    stability as compared to the over-the-                      effective pursuant to Section 19(b)(3)(A)
                                                                                                                                                                       designated by the Commission. The Exchange has
                                                    counter market) and subject to                              of the Act 20 and Rule 19b–4(f)(6)                     satisfied this requirement.
                                                    exchange-based rules, and investors                         thereunder.21                                             22 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                          23 17 CFR 240.19b–4(f)(6)(iii).
                                                    would benefit as a result.                                    20 15  U.S.C. 78s(b)(3)(A).                             24 For purposes only of waiving the operative
                                                                                                                  21 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–   delay for this proposal, the Commission has
                                                      17 15    U.S.C. 78f(b).                                   4(f)(6) requires the Exchange to give the              considered the proposed rule’s impact on
                                                      18 15    U.S.C. 78f(b)(5).                                Commission written notice of its intent to file the    efficiency, competition, and capital formation. See
                                                      19 Id.                                                    proposed rule change, along with a brief description   15 U.S.C. 78c(f).



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                                                                                    Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices                                                26861

                                                      • Send an email to rule-comments@                         SUMMARY:    The U.S. Small Business                   of operation that include most, if not all,
                                                    sec.gov. Please include File Number SR–                     Administration (SBA) announces the                    of the following elements:
                                                    CBOE–2016–032 on the subject line.                          2016 Growth Accelerator Fund                             • Selective process to choose
                                                                                                                Competition, pursuant to the America                  participating startups.
                                                    Paper Comments                                                                                                       • Regular networking opportunities
                                                                                                                Competes Act, to identify the nation’s
                                                       • Send paper comments in triplicate                      most innovative accelerators and similar              offered to startups.
                                                    to Secretary, Securities and Exchange                       organizations and award them cash                        • Introductions to customers,
                                                    Commission, 100 F Street NE.,                               prizes they may use to fund their                     partners, suppliers, advisory boards and
                                                    Washington, DC 20549–1090.                                  operations costs and allow them to bring              other players.
                                                    All submissions should refer to File                        startup companies to scale and new                       • High-growth and tech-driven
                                                    Number SR–CBOE–2016–032. This file                          ideas to life.                                        startup mentorship and
                                                    number should be included on the                                                                                  commercialization assistance.
                                                                                                                DATES: The submission period for
                                                                                                                                                                         • Shared working environments
                                                    subject line if email is used. To help the                  entries begins 12:00 p.m. EDT, May 2,
                                                                                                                                                                      focused on building a strong startup
                                                    Commission process and review your                          2016 and ends June 3, 2016 at 11:59
                                                                                                                                                                      community.
                                                    comments more efficiently, please use                       p.m. EDT. Winners will be announced                      • Resource sharing and co-working
                                                    only one method. The Commission will                        no later than August 24, 2016.                        arrangements for startups.
                                                    post all comments on the Commission’s                       FOR FURTHER INFORMATION CONTACT:                         • Opportunities to pitch ideas and
                                                    Internet Web site (http://www.sec.gov/                      Nareg Sagherian, Office of Investment                 startups to investors along with other
                                                    rules/sro.shtml). Copies of the                             and Innovation, U.S. Small Business                   capital formation avenues to startups.
                                                    submission, all subsequent                                  Administration, 409 Third Street SW.,                    • Small amounts of angel money,
                                                    amendments, all written statements                          6th Floor Washington, DC 20416, (202)                 seed capital or structured loans to
                                                    with respect to the proposed rule                           205–7576, accelerators@sba.gov.                       startups.
                                                    change that are filed with the                              SUPPLEMENTARY INFORMATION:                               • Service to underserved
                                                    Commission, and all written                                                                                       communities, such as women, veterans,
                                                    communications relating to the                              Competition Details                                   and economically disadvantaged
                                                    proposed rule change between the                               1. Subject of Competition: The SBA is              individuals.
                                                    Commission and any person, other than                       seeking to identify the nation’s most                    3. Registration Process for
                                                    those that may be withheld from the                         innovative and promising small                        Participants: Competition participants
                                                    public in accordance with the                               business accelerators and incubators in               must submit their 2016 Growth
                                                    provisions of 5 U.S.C. 552, will be                         order to infuse them with additional                  Accelerator Fund applications online
                                                    available for Web site viewing and                          resource capital that ultimately                      using the link designated for that
                                                    printing in the Commission’s Public                         stimulates the growth and development                 purpose on challenge.gov, either by
                                                    Reference Room, 100 F Street NE.,                           of startups from within the                           filtering search criteria to ‘‘Small
                                                    Washington, DC 20549, on official                           entrepreneurial communities they serve.               Business Administration’’ or going to
                                                    business days between the hours of                          For the purposes of this competition,                 sba.gov/accelerators, where the link will
                                                    10:00 a.m. and 3:00 p.m. Copies of the                      Growth Accelerators include                           be posted. In addition to the basic
                                                    filing also will be available for                           accelerators, incubators, co-working                  details collected in that short
                                                    inspection and copying at the principal                     startup communities, shared tinker-                   application form, contestants must also
                                                    office of the Exchange. All comments                        spaces or other models to accomplish                  complete and submit via challenge.gov
                                                    received will be posted without change;                     similar goals. Regardless of the specific             a deck, similar to one that would be
                                                    the Commission does not edit personal                       model employed, Growth Accelerators                   used in a pitch competition, which must
                                                    identifying information from                                focus on helping entrepreneurs and                    address all of the items identified
                                                    submissions. You should submit only                         their startups speed the launch, growth               below:
                                                    information that you wish to make                           and scale of their businesses. A broad
                                                    available publicly. All submissions                                                                               Mission and Vision
                                                                                                                set of models used to support start-ups
                                                    should refer to File Number SR–CBOE–                        will better serve the entire                            • What is your accelerator’s mission
                                                    2016–032 and should be submitted on                         entrepreneurial ecosystem. Whether an                 in one sentence?
                                                    or before May 25, 2016.                                     accelerator is industry focused,                        • What specific elements make your
                                                                                                                technology focused, product centric,                  accelerator model stand out?
                                                      For the Commission, by the Division of
                                                    Trading and Markets, pursuant to delegated                  cohort based or more long term, all are                 • What experiences prepare your
                                                    authority.25                                                valuable players in the nation’s high-                team for this?
                                                    Robert W. Errett,                                           growth entrepreneurial ecosystem that                 Impact
                                                    Deputy Secretary.                                           ultimately creates jobs.                                • What gaps does or will your
                                                    [FR Doc. 2016–10436 Filed 5–3–16; 8:45 am]                     2. Eligibility Rules for Participating in
                                                                                                                                                                      accelerator fill?
                                                    BILLING CODE 8011–01–P
                                                                                                                the Competition: This Competition is                    • What are the specifics of your
                                                                                                                open only to private entities, such as                model and how it will accomplish the
                                                                                                                corporations or non-profit organizations              above?
                                                                                                                that are incorporated in and maintain a                 • For existing accelerators, what has
                                                    SMALL BUSINESS ADMINISTRATION                               primary place of business in the United               been your success/metrics so far?
                                                                                                                States. Entities that have an outstanding,              • For existing accelerators, please
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                                                    Announcement of Growth Accelerator                          unresolved financial obligation to, or
                                                    Fund Competition                                                                                                  explain your overall statistics of the
                                                                                                                that are currently suspended or                       start-up life cycle?
                                                    AGENCY: U.S. Small Business                                 debarred by, the federal government are
                                                    Administration.                                             not eligible for this Competition.                    Implementation
                                                    ACTION: Notice.
                                                                                                                Federal, state, local and tribal agencies               • What is your plan for the prize
                                                                                                                are also not eligible for this                        money if you win?
                                                                                                                Competition. Additionally, participants                 • If you are an existing accelerator
                                                      25 17   CFR 200.30–3(a)(12) and (59).                     in this Competition must utilize models               using the funds to scale up, provide


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Document Created: 2016-05-04 01:23:26
Document Modified: 2016-05-04 01:23:26
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 26857 

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