81_FR_31373 81 FR 31277 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule To Amend the Fees Schedule

81 FR 31277 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule To Amend the Fees Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 96 (May 18, 2016)

Page Range31277-31279
FR Document2016-11645

Federal Register, Volume 81 Issue 96 (Wednesday, May 18, 2016)
[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Notices]
[Pages 31277-31279]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11645]



[[Page 31277]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77822; File No. SR-CBOE-2016-043]


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

May 12, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on May 2, 2016, Chicago Board Options Exchange, Incorporated (the 
``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I and II, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule. On April 1, 2016, 
the Exchange adopted a program that offers transaction fee rebates to 
Customers (origin code ``C'') that meet certain volume thresholds in 
CBOE VIX Volatility Index options (``VIX options'') and S&P 500 Index 
options (``SPX''), weekly S&P 500 options (``SPXW'') and p.m.-settled 
SPX Index options (``SPXpm'') (collectively referred to as ``SPX 
options'') provided the Customer registers for the program (the 
``Frequent Trader Program'' or ``Program'').\3\
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    \3\ See SR-CBOE-2016-023.
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    To participate in the Frequent Trader Program, Customers register 
with the Exchange. Once registered, the Customer is provided a unique 
identification number (``FTID'') that can be affixed to each of its 
orders. The FTID allows the Exchange to identify and aggregate all 
electronic and manual trades during both the Regular Trading Hours and 
Extended Trading Hours sessions from that Customer for purposes of 
determining whether the Customer meets any of the various volume 
thresholds. The Customer has to provide its FTID to the Trading Permit 
Holder (``TPH'') submitting that Customer's order to the Exchange 
(executing agent'' [sic] or ``executing TPH'') and that executing TPH 
would have to enter the Customer's FTID on each of that Customer's 
orders.\4\ As there are instances in which a Customer's FTID was not or 
could not be, affixed to an order, the Exchange also provided executing 
TPHs the ability to submit to the exchange [sic] a form (the ``Frequent 
Trader Program--Volume Corrections Form'' or ``Corrections Form'') that 
would provide a mechanism for executing TPHs to identify transactions 
to the Exchange that should have been, but were not, associated with 
particular FTIDs. More specifically, the executing TPH can identify on 
the form the ``correct'' FTID that should be associated with a specific 
transaction, so that such volume is properly counted towards the 
appropriate Customer's aggregated volume for purposes of determining 
what tier, if any, the customer meets. Currently, the Fees Schedule 
provides that the Corrections Form must be submitted to the Exchange 
within 3 business days in order to ensure timely processing (``3 
business day rule'').
---------------------------------------------------------------------------

    \4\ The Exchange notes that it is the responsibility of the 
Customer to request that the executing TPH affix its FTID to its 
order(s), and that it is voluntarily for the executing TPH to do so.
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    The Exchange now proposes to provide that for the month of April 
2016, it will not enforce the requirement that the Corrections Form be 
submitted within 3 business days and instead provide that the 
Corrections Form will be accepted through May 4, 2016 (by 5:00 p.m. 
CST), for all transactions, regardless of when in April the 
transaction(s) occurred. Specifically, the Exchange notes that a number 
of executing TPHs were unable to (i) affix FTIDs onto their Customers' 
orders and (ii) complete and submit the Corrections Form within 3 
business days for their Customers registered in the Frequent Trader 
Program. Many TPHs are still familiarizing themselves with this new 
program and its requirements and as such the Exchange desires to give 
them additional time to implement their systems and procedures, 
including their systems and procedures related to completing and 
submitting the Corrections Form. Additionally, the Exchange does not 
wish to penalize the Customers who would miss out on rebates they would 
otherwise be entitled to if the deadline is not extended. Accordingly, 
the Exchange does not wish to enforce the 3 business day rule for April 
2016. The Exchange believes providing additional time to submit 
Corrections Forms will ensure Customers are not unfairly deprived of 
any rebates that they are entitled to under the Frequent Trader Program 
for the month of April.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\5\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \6\ 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) \7\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
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    In particular, the Exchange believes not enforcing the 3 business 
day rule for

[[Page 31278]]

the month of April 2016 provides executing TPHs additional time to 
submit Corrections Forms, which removes impediments to and perfects the 
mechanism of a free and open market and a national market system, and 
protects investors and the public interest as it avoids penalizing 
Customers who would otherwise miss out on rebates they are entitled to 
under the Frequent Trader Program. Corrections Forms allow the Exchange 
to ensure that a customer's total volume at the end of the month 
accurately reflects their real trading volume, including volume from 
transactions that, upon submission of the order, did not reflect their 
FTID. As noted above, many TPHs are still in the process of 
familiarizing themselves with the new Frequent Trader Program and its 
requirements and do not yet have the systems or procedures in place to 
process the Corrections Forms within the timeframe the Exchange 
initially required. As such, the Exchange does not believe it would be 
fair to the Customers to enforce the 3 business day rule for the first 
month of the Frequent Trader Program (i.e., April 2016). Additionally, 
waiving the 3 business day rule for April 2016 eliminates confusion in 
that it gives the executing TPHs extra time to understand the 
requirements of the Program and implement policies, procedures, and 
system changes needed to properly take advantage of the program, which 
again removes impediments to and perfects the mechanism of a free and 
open market and a national market system, and protects investors and 
the public interest.

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

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act because the proposed change 
applies uniformly to all executing TPHs of Customer FTID orders and 
because it provides for a clear process to rectify scenarios in which a 
FTID(s) were not or could not be applied to Customer's order and where 
Corrections Forms were not submitted in a timely manner in April 2016. 
The Exchange believes that the proposed rule change will not cause an 
unnecessary burden on intermarket competition because it only applies 
to trading on CBOE. To the extent that the proposed changes make CBOE a 
more attractive marketplace for market participants at other exchanges, 
such market participants are welcome to become CBOE market 
participants.

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

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

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6)(iii) requires the 
Exchange to provide the Commission with written notice of its intent 
to file the proposed rule change, along with a brief description and 
the text of the proposed rule change, at least five business days 
prior to the date of filing of the proposed rule change, or such 
shorter time as designated by the Commission. The Commission has 
determined to waive the five business day requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \10\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. Consistent 
with the protection of investors and the public interest, waiver of the 
30-day operative delay will provide TPHs with additional time (to May 
4) to submit Corrections Forms for participating Customer transactions 
that occurred in April under the new Frequent Trader Program, which 
should help TPHs acclimate to the new process for submitting their 
participating Customer trades to CBOE and thereby ensure that their 
April volume under the program accurately reflects their trading 
volume. Therefore, the Commission hereby waives the operative delay and 
designates the proposal operative upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2016-043 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-2016-043. 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

[[Page 31279]]

information that you wish to make available publicly. All submissions 
should refer to File Number SR-CBOE-2016-043, and should be submitted 
on or before June 8, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-11645 Filed 5-17-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices                                                31277

                                                SECURITIES AND EXCHANGE                                  transaction fee rebates to Customers                     be accepted through May 4, 2016 (by
                                                COMMISSION                                               (origin code ‘‘C’’) that meet certain                    5:00 p.m. CST), for all transactions,
                                                                                                         volume thresholds in CBOE VIX                            regardless of when in April the
                                                [Release No. 34–77822; File No. SR–CBOE–
                                                2016–043]
                                                                                                         Volatility Index options (‘‘VIX options’’)               transaction(s) occurred. Specifically, the
                                                                                                         and S&P 500 Index options (‘‘SPX’’),                     Exchange notes that a number of
                                                Self-Regulatory Organizations;                           weekly S&P 500 options (‘‘SPXW’’) and                    executing TPHs were unable to (i) affix
                                                Chicago Board Options Exchange,                          p.m.-settled SPX Index options                           FTIDs onto their Customers’ orders and
                                                Incorporated; Notice of Filing and                       (‘‘SPXpm’’) (collectively referred to as                 (ii) complete and submit the Corrections
                                                Immediate Effectiveness of a Proposed                    ‘‘SPX options’’) provided the Customer                   Form within 3 business days for their
                                                Rule To Amend the Fees Schedule                          registers for the program (the ‘‘Frequent                Customers registered in the Frequent
                                                                                                         Trader Program’’ or ‘‘Program’’).3                       Trader Program. Many TPHs are still
                                                May 12, 2016.                                               To participate in the Frequent Trader                 familiarizing themselves with this new
                                                   Pursuant to Section 19(b)(1) of the                   Program, Customers register with the                     program and its requirements and as
                                                Securities Exchange Act of 1934 (the                     Exchange. Once registered, the                           such the Exchange desires to give them
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   Customer is provided a unique                            additional time to implement their
                                                notice is hereby given that on May 2,                    identification number (‘‘FTID’’) that can                systems and procedures, including their
                                                2016, Chicago Board Options Exchange,                    be affixed to each of its orders. The                    systems and procedures related to
                                                Incorporated (the ‘‘Exchange’’ or                        FTID allows the Exchange to identify                     completing and submitting the
                                                ‘‘CBOE’’) filed with the Securities and                  and aggregate all electronic and manual                  Corrections Form. Additionally, the
                                                Exchange Commission (the                                 trades during both the Regular Trading                   Exchange does not wish to penalize the
                                                ‘‘Commission’’) the proposed rule                        Hours and Extended Trading Hours                         Customers who would miss out on
                                                change as described in Items I and II,                   sessions from that Customer for                          rebates they would otherwise be entitled
                                                which Items have been prepared by the                    purposes of determining whether the                      to if the deadline is not extended.
                                                Exchange. The Commission is                              Customer meets any of the various                        Accordingly, the Exchange does not
                                                publishing this notice to solicit                        volume thresholds. The Customer has to                   wish to enforce the 3 business day rule
                                                comments on the proposed rule change                     provide its FTID to the Trading Permit                   for April 2016. The Exchange believes
                                                from interested persons.                                 Holder (‘‘TPH’’) submitting that                         providing additional time to submit
                                                I. Self-Regulatory Organization’s                        Customer’s order to the Exchange                         Corrections Forms will ensure
                                                Statement of the Terms of Substance of                   (executing agent’’ [sic] or ‘‘executing                  Customers are not unfairly deprived of
                                                the Proposed Rule Change                                 TPH’’) and that executing TPH would                      any rebates that they are entitled to
                                                                                                         have to enter the Customer’s FTID on                     under the Frequent Trader Program for
                                                   The Exchange proposes to amend the                                                                             the month of April.
                                                Frequent Trader Program. The text of                     each of that Customer’s orders.4 As
                                                the proposed rule change is available on                 there are instances in which a                           2. Statutory Basis
                                                the Exchange’s Web site (http://                         Customer’s FTID was not or could not
                                                                                                                                                                     The Exchange believes the proposed
                                                www.cboe.com/AboutCBOE/                                  be, affixed to an order, the Exchange
                                                                                                                                                                  rule change is consistent with the
                                                CBOELegalRegulatoryHome.aspx), at                        also provided executing TPHs the
                                                                                                                                                                  Securities Exchange Act of 1934 (the
                                                the Exchange’s Office of the Secretary,                  ability to submit to the exchange [sic] a
                                                                                                                                                                  ‘‘Act’’) and the rules and regulations
                                                and at the Commission’s Public                           form (the ‘‘Frequent Trader Program—
                                                                                                                                                                  thereunder applicable to the Exchange
                                                Reference Room.                                          Volume Corrections Form’’ or
                                                                                                                                                                  and, in particular, the requirements of
                                                                                                         ‘‘Corrections Form’’) that would provide
                                                II. Self-Regulatory Organization’s                                                                                Section 6(b) of the Act.5 Specifically,
                                                                                                         a mechanism for executing TPHs to
                                                Statement of the Purpose of, and                                                                                  the Exchange believes the proposed rule
                                                                                                         identify transactions to the Exchange
                                                Statutory Basis for, the Proposed Rule                                                                            change is consistent with the Section
                                                                                                         that should have been, but were not,
                                                Change                                                                                                            6(b)(5) 6 requirements that the rules of
                                                                                                         associated with particular FTIDs. More
                                                                                                                                                                  an exchange be designed to prevent
                                                   In its filing with the Commission, the                specifically, the executing TPH can
                                                                                                                                                                  fraudulent and manipulative acts and
                                                Exchange included statements                             identify on the form the ‘‘correct’’ FTID
                                                                                                                                                                  practices, to promote just and equitable
                                                concerning the purpose of and basis for                  that should be associated with a specific
                                                                                                                                                                  principles of trade, to foster cooperation
                                                the proposed rule change and discussed                   transaction, so that such volume is
                                                                                                                                                                  and coordination with persons engaged
                                                any comments it received on the                          properly counted towards the
                                                                                                                                                                  in regulating, clearing, settling,
                                                proposed rule change. The text of these                  appropriate Customer’s aggregated
                                                                                                                                                                  processing information with respect to,
                                                statements may be examined at the                        volume for purposes of determining
                                                                                                                                                                  and facilitating transactions in
                                                places specified in Item IV below. The                   what tier, if any, the customer meets.
                                                                                                                                                                  securities, to remove impediments to
                                                Exchange has prepared summaries, set                     Currently, the Fees Schedule provides
                                                                                                                                                                  and perfect the mechanism of a free and
                                                forth in sections A, B, and C below, of                  that the Corrections Form must be
                                                                                                                                                                  open market and a national market
                                                the most significant aspects of such                     submitted to the Exchange within 3
                                                                                                                                                                  system, and, in general, to protect
                                                statements.                                              business days in order to ensure timely
                                                                                                                                                                  investors and the public interest.
                                                                                                         processing (‘‘3 business day rule’’).
                                                A. Self-Regulatory Organization’s                                                                                 Additionally, the Exchange believes the
                                                                                                            The Exchange now proposes to
                                                Statement of the Purpose of, and the                                                                              proposed rule change is consistent with
                                                                                                         provide that for the month of April
                                                Statutory Basis for, the Proposed Rule                                                                            the Section 6(b)(5) 7 requirement that
                                                                                                         2016, it will not enforce the requirement
                                                Change                                                                                                            the rules of an exchange not be designed
                                                                                                         that the Corrections Form be submitted
sradovich on DSK3TPTVN1PROD with NOTICES




                                                                                                                                                                  to permit unfair discrimination between
                                                1. Purpose                                               within 3 business days and instead
                                                                                                                                                                  customers, issuers, brokers, or dealers.
                                                   The Exchange proposes to amend its                    provide that the Corrections Form will
                                                                                                                                                                     In particular, the Exchange believes
                                                Fees Schedule. On April 1, 2016, the                       3 See
                                                                                                                                                                  not enforcing the 3 business day rule for
                                                                                                                  SR–CBOE–2016–023.
                                                Exchange adopted a program that offers                     4 The   Exchange notes that it is the responsibility
                                                                                                                                                                   5 15    U.S.C. 78f(b).
                                                                                                         of the Customer to request that the executing TPH
                                                  1 15 U.S.C. 78s(b)(1).                                                                                           6 15    U.S.C. 78f(b)(5).
                                                                                                         affix its FTID to its order(s), and that it is
                                                  2 17 CFR 240.19b–4.                                    voluntarily for the executing TPH to do so.               7 Id.




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                                                31278                        Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices

                                                the month of April 2016 provides                        C. Self-Regulatory Organization’s                        Commission summarily may
                                                executing TPHs additional time to                       Statement on Comments on the                             temporarily suspend such rule change if
                                                submit Corrections Forms, which                         Proposed Rule Change Received From                       it appears to the Commission that such
                                                removes impediments to and perfects                     Members, Participants, or Others                         action is necessary or appropriate in the
                                                the mechanism of a free and open                          The Exchange neither solicited nor                     public interest, for the protection of
                                                market and a national market system,                    received comments on the proposed                        investors, or otherwise in furtherance of
                                                and protects investors and the public                   rule change.                                             the purposes of the Act. If the
                                                interest as it avoids penalizing                                                                                 Commission takes such action, the
                                                Customers who would otherwise miss                      III. Date of Effectiveness of the                        Commission shall institute proceedings
                                                out on rebates they are entitled to under               Proposed Rule Change and Timing for                      to determine whether the proposed rule
                                                the Frequent Trader Program.                            Commission Action                                        change should be approved or
                                                Corrections Forms allow the Exchange                       Because the proposed rule change                      disapproved.
                                                to ensure that a customer’s total volume                does not (i) significantly affect the                    IV. Solicitation of Comments
                                                at the end of the month accurately                      protection of investors or the public
                                                reflects their real trading volume,                     interest; (ii) impose any significant                      Interested persons are invited to
                                                including volume from transactions                      burden on competition; and (iii) become                  submit written data, views, and
                                                that, upon submission of the order, did                 operative for 30 days from the date on                   arguments concerning the foregoing,
                                                not reflect their FTID. As noted above,                 which it was filed, or such shorter time                 including whether the proposed rule
                                                many TPHs are still in the process of                   as the Commission may designate, it has                  change is consistent with the Act.
                                                familiarizing themselves with the new                   become effective pursuant to Section                     Comments may be submitted by any of
                                                Frequent Trader Program and its                         19(b)(3)(A) of the Act 8 and Rule 19b–                   the following methods:
                                                requirements and do not yet have the                    4(f)(6) thereunder.9                                     Electronic Comments
                                                systems or procedures in place to                          A proposed rule change filed
                                                process the Corrections Forms within                    pursuant to Rule 19b–4(f)(6) under the                     • Use the Commission’s Internet
                                                the timeframe the Exchange initially                    Act 10 normally does not become                          comment form (http://www.sec.gov/
                                                required. As such, the Exchange does                    operative for 30 days after the date of its              rules/sro.shtml); or
                                                not believe it would be fair to the                                                                                • Send an email to rule-comments@
                                                                                                        filing. However, Rule 19b–4(f)(6)(iii) 11
                                                Customers to enforce the 3 business day                                                                          sec.gov. Please include File Number SR–
                                                                                                        permits the Commission to designate a
                                                rule for the first month of the Frequent                                                                         CBOE–2016–043 on the subject line.
                                                                                                        shorter time if such action is consistent
                                                Trader Program (i.e., April 2016).                      with the protection of investors and the                 Paper Comments
                                                Additionally, waiving the 3 business                    public interest. The Exchange has asked                     • Send paper comments in triplicate
                                                day rule for April 2016 eliminates                      the Commission to waive the 30-day                       to Secretary, Securities and Exchange
                                                confusion in that it gives the executing                operative delay so that the proposal may                 Commission, 100 F Street NE.,
                                                TPHs extra time to understand the                       become operative immediately upon                        Washington, DC 20549–1090.
                                                requirements of the Program and                         filing. Consistent with the protection of
                                                                                                                                                                 All submissions should refer to File
                                                implement policies, procedures, and                     investors and the public interest, waiver
                                                system changes needed to properly take                                                                           Number SR–CBOE–2016–043. This file
                                                                                                        of the 30-day operative delay will
                                                advantage of the program, which again                                                                            number should be included on the
                                                                                                        provide TPHs with additional time (to
                                                removes impediments to and perfects                                                                              subject line if email is used. To help the
                                                                                                        May 4) to submit Corrections Forms for
                                                the mechanism of a free and open                                                                                 Commission process and review your
                                                                                                        participating Customer transactions that
                                                market and a national market system,                                                                             comments more efficiently, please use
                                                                                                        occurred in April under the new
                                                and protects investors and the public                                                                            only one method. The Commission will
                                                                                                        Frequent Trader Program, which should
                                                interest.                                                                                                        post all comments on the Commission’s
                                                                                                        help TPHs acclimate to the new process
                                                                                                                                                                 Internet Web site (http://www.sec.gov/
                                                B. Self-Regulatory Organization’s                       for submitting their participating
                                                                                                                                                                 rules/sro.shtml). Copies of the
                                                Statement on Burden on Competition                      Customer trades to CBOE and thereby
                                                                                                        ensure that their April volume under                     submission, all subsequent
                                                   CBOE does not believe that the                       the program accurately reflects their                    amendments, all written statements
                                                proposed rule change will impose any                    trading volume. Therefore, the                           with respect to the proposed rule
                                                burden on competition that is not                       Commission hereby waives the                             change that are filed with the
                                                necessary or appropriate in furtherance                 operative delay and designates the                       Commission, and all written
                                                of the purposes of the Act because the                  proposal operative upon filing.12                        communications relating to the
                                                proposed change applies uniformly to                       At any time within 60 days of the                     proposed rule change between the
                                                all executing TPHs of Customer FTID                     filing of the proposed rule change, the                  Commission and any person, other than
                                                orders and because it provides for a                                                                             those that may be withheld from the
                                                clear process to rectify scenarios in                     8 15  U.S.C. 78s(b)(3)(A).                             public in accordance with the
                                                which a FTID(s) were not or could not                     9 17  CFR 240.19b–4(f)(6). Rule 19b–4(f)(6)(iii)       provisions of 5 U.S.C. 552, will be
                                                be applied to Customer’s order and                      requires the Exchange to provide the Commission          available for Web site viewing and
                                                                                                        with written notice of its intent to file the proposed   printing in the Commission’s Public
                                                where Corrections Forms were not                        rule change, along with a brief description and the
                                                submitted in a timely manner in April                   text of the proposed rule change, at least five          Reference Room, 100 F Street NE.,
                                                2016. The Exchange believes that the                    business days prior to the date of filing of the         Washington, DC 20549, on official
                                                proposed rule change will not cause an                  proposed rule change, or such shorter time as            business days between the hours of
                                                                                                        designated by the Commission. The Commission
                                                unnecessary burden on intermarket                                                                                10:00 a.m. and 3:00 p.m. Copies of the
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                                                                                                        has determined to waive the five business day
                                                competition because it only applies to                  requirement.                                             filing also will be available for
                                                trading on CBOE. To the extent that the                    10 17 CFR 240.19b–4(f)(6).                            inspection and copying at the principal
                                                proposed changes make CBOE a more                          11 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                 office of the Exchange. All comments
                                                                                                           12 For purposes only of waiving the 30-day
                                                attractive marketplace for market                                                                                received will be posted without change;
                                                                                                        operative delay, the Commission has also
                                                participants at other exchanges, such                   considered the proposed rule’s impact on
                                                                                                                                                                 the Commission does not edit personal
                                                market participants are welcome to                      efficiency, competition, and capital formation. See      identifying information from
                                                become CBOE market participants.                        15 U.S.C. 78c(f).                                        submissions. You should submit only


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                                                                                 Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices                                             31279

                                                information that you wish to make                          Voluntary Professional                                series] at one[a particular] price[ or
                                                available publicly. All submissions                           (fff) The term ‘‘Voluntary                         prices, he shall, at the next lower
                                                should refer to File Number SR–CBOE–                       Professional’’ means any person or                    (higher) price at which a Trading Permit
                                                2016–043, and should be submitted on                       entity that is not a broker or dealer in              Holder other than the Order Book
                                                or before June 8, 2016.                                    securities that elects, in writing, to be             Official is bidding (offering),] will have
                                                  For the Commission, by the Division of                   treated in the same manner as a broker                priority [in] over all other orders and
                                                Trading and Markets, pursuant to delegated                 or dealer in securities for purposes of               quotes, except public customer orders
                                                authority.13                                               Rules 6.2A, 6.2B, 6.8C, 6.9, 6.13A,                   resting in the book, to buy [purchasing
                                                Robert W. Errett,                                          6.13B, 6.25, 6.45, 6.45A (except for                  ](sell[ing]) up to the [equivalent]same
                                                Deputy Secretary.                                          Interpretation and Policy .02), 6.45B                 number of [option] contracts of those
                                                [FR Doc. 2016–11645 Filed 5–17–16; 8:45 am]                (except for Interpretation and Policy                 remaining from the same order or offer
                                                                                                           .02), 6.47, 6.53C(c)(ii), 6.53C(d)(v),                (bid)[series that he purchased (sold)] at
                                                BILLING CODE 8011–01–P
                                                                                                           subparagraphs (b) and (c) under                       the next lower (higher[ (lower]) price[ or
                                                                                                           Interpretation and Policy .06 to Rule                 prices, but only if his bid (offer) is made
                                                SECURITIES AND EXCHANGE                                    6.53C, 6.74 (except Voluntary                         promptly and the purchase (sale) so
                                                COMMISSION                                                 Professional orders may be considered                 effected represents the opposite side of
                                                                                                           public customer orders subject to                     a transaction with the same order or
                                                                                                           facilitation under paragraphs (b) and                 offer (bid) as the earlier purchase or
                                                [Release No. 34–77823; File No. SR–CBOE–
                                                                                                           (d)), 6.74A, 6.74B, 8.13, 8.15(d), 8.87,              purchases (sale or sales). This paragraph
                                                2016–034]
                                                                                                           24.19, 43.1, 44.4, 44.14, and for                     only applies to transactions effected in
                                                Self-Regulatory Organizations;                             cancellation fee treatment. The                       open outcry].
                                                Chicago Board Options Exchange,                            Voluntary Professional designation is                    (b) [Purchase or sale]Split-Price
                                                Incorporated; Notice of Filing and                         not available in Hybrid 3.0 classes.                  [p]Priority for O[o]rders or Offers (Bids)
                                                Immediate Effectiveness of a Proposed                                                                            of 100 or More [c]Contracts[ or more]. If
                                                Rule Change Relating to Split-Price                        Professional                                          an order or offer (bid) of 100 or more
                                                Priority                                                      (ggg) The term ‘‘Professional’’ means              contracts of a series is represented to the
                                                                                                           any person or entity that (i) is not a                crowd, a Trading Permit Holder that
                                                May 12, 2016.                                              broker or dealer in securities, and (ii)              buys[purchases] (sells) 50[fifty] or more
                                                   Pursuant to Section 19(b)(1) of the                     places more than 390 orders in listed                 of the [option ]contracts of that order or
                                                Securities Exchange Act of 1934                            options per day on average during a                   offer (bid)[a particular series] at one[a
                                                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                    calendar month for its own beneficial                 particular] price [or prices, he shall, at
                                                notice is hereby given that on May 6,                      account(s). A Professional will be                    the next lower (higher) price]will have
                                                2016, Chicago Board Options Exchange,                      treated in the same manner as a broker                priority [in]over all other orders and
                                                Incorporated (the ‘‘Exchange’’ or                          or dealer in securities for purposes of               quotes to buy [purchasing ](sell[ing]) up
                                                ‘‘CBOE’’) filed with the Securities and                    Rules 6.2A, 6.2B, 6.8C, 6.9, 6.13A,                   to the [equivalent ]same number of
                                                Exchange Commission (‘‘Commission’’)                       6.13B, 6.25, 6.45, 6.45A (except for                  [option ]contracts of those remaining
                                                the proposed rule change as described                      Interpretation and Policy .02), 6.45B                 from the same [series that he purchased
                                                in Items I and II below, which Items                       (except for Interpretation and Policy                 (sold)]order or offer (bid) at the next
                                                have been prepared by the Exchange.                        .02), 6.47, 6.53C(c)(ii), 6.53C(d)(v),                lower (higher[ (lower]) price[ or prices,
                                                The Commission is publishing this                          subparagraphs (b) and (c) under                       but only if his bid (offer) is made
                                                notice to solicit comments on the                          Interpretation and Policy .06 to Rule                 promptly and the purchase (sale) so
                                                proposed rule change from interested                       6.53C, 6.74 (except Professional orders               effected represents the opposite side of
                                                persons.                                                   may be considered public customer                     a transaction with the same order or
                                                                                                           orders subject to facilitation under                  offer (bid) as the earlier purchase or
                                                I. Self-Regulatory Organization’s                                                                                purchases (sale or sales)]. The Exchange
                                                                                                           paragraphs (b) and (d)), 6.74A, 6.74B,
                                                Statement of the Terms of Substance of                                                                           may increase the [‘‘]minimum
                                                                                                           8.13, 8.15(d), 8.87, 24.19, 43.1, 44.4,
                                                the Proposed Rule Change                                                                                         qualifying [order ]size[’’ above] of 100
                                                                                                           44.14. The Professional designation is
                                                  The Exchange proposes to amend its                       not available in Hybrid 3.0 classes. All              contracts on a class-by-class basis[.],
                                                rules related to split-price priority. The                 Professional orders shall be marked                   [Announcements regarding]which
                                                text of the proposed rule change is                        with the appropriate origin code as                   changes [to the minimum qualifying
                                                provided below.                                            determined by the Exchange.                           order size shall be made]the Exchange
                                                                                                           . . . Interpretations and Policies:                   will announce via Regulatory Circular.[
                                                (additions are italicized; deletions are                                                                         This paragraph only applies to
                                                [bracketed])                                               .01 No change.
                                                                                                                                                                 transactions effected in open outcry.]
                                                *    *     *      *     *                                  (hhh)—(sss) No change.                                   (c) Two or [m]More Trading Permit
                                                                                                           . . . Interpretations and Policies:                   Holders [e]Entitled to [p]Priority. If the
                                                Chicago Board Options Exchange,
                                                Incorporated Rules                                         .01—.05 No change.                                    bids or offers of two or more Trading
                                                                                                           *      *     *    *      *                            Permit Holders are both entitled to split-
                                                *           *   *       *        *                                                                               price priority[ in accordance with
                                                                                                           Rule 6.47. Priority on Split-Price                    paragraph (a) or paragraph (b)], it
                                                Rule 1.1. Definitions                                      Transactions Occurring in Open Outcry                 [shall]will be afforded [them insofar
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                                                  When used in these Rules, unless the                       (a) [Purchase or sale]Split-Price                   as]to the extent practicable[,] on a pro-
                                                context otherwise requires:                                [p]Priority. If an order or offer (bid) for           rata basis.
                                                  (a)–(eee) No change.                                     any number of contracts of a series is                   (d) Conditions. Split-price priority is
                                                                                                           represented to the crowd, a Trading                   subject to the following:
                                                    13 17 CFR 200.30–3(a)(12).                             Permit Holder that buys [purchases]                      (i) The priority is available for open
                                                    1 15 U.S.C. 78s(b)(1).                                 (sells) one or more [option ]contracts of             outcry transactions only and does not
                                                    2 17 CFR 240.19b–4.                                    that order or offer (bid)[a particular                apply to complex orders.


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Document Created: 2016-05-18 00:05:50
Document Modified: 2016-05-18 00:05:50
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 31277 

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