81_FR_3215 81 FR 3203 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 8.3 Relating to Appointment Costs

81 FR 3203 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 8.3 Relating to Appointment Costs

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 12 (January 20, 2016)

Page Range3203-3205
FR Document2016-00905

Federal Register, Volume 81 Issue 12 (Wednesday, January 20, 2016)
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3203-3205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00905]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76895; File No. SR-CBOE-2015-121]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Rule 8.3 Relating to Appointment Costs

January 13, 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 December 31, 2015, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I and II below, which Items have been prepared by the 
Exchange. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to section 19(b)(3)(A)(iii) of the Act 
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend CBOE Rule 8.3 relating to the 
appointment costs for options on the Russell 2000 Index (``RUT 
options'') and P.M.-Settled options on the Standard & Poor's 500 
(``SPXPM options''). The text of the proposed rule change is provided 
below.
    (additions are underlined; deletions are [bracketed])
* * * * *
Chicago Board Options Exchange, Incorporated
Rules
* * * * *
Rule 8.3. Appointment of Market-Makers
    (a)-(b) No change.
    (c) Market-Maker Appointments. Absent an exemption by the Exchange, 
an appointment of a Market-Maker confers the right to quote 
electronically and in open outcry in the Market-Maker's appointed 
classes during Regular Trading Hours as described below. Subject to 
paragraph (e) below, a Market-Maker may change its appointed classes 
upon advance notification to the Exchange in a form and manner 
prescribed by the Exchange.
    (i) Hybrid Classes. Subject to paragraphs (c)(iv) and (e) below, a 
Market-Maker can create a Virtual Trading Crowd (``VTC'') appointment, 
which confers the right to quote electronically during Regular Trading 
Hours in an appropriate number of Hybrid classes (as defined in Rule 
1.1(aaa)) selected from ``tiers'' that have been structured according 
to trading volume statistics, except for the AA tier. All classes 
within a specific tier will be assigned an ``appointment cost'' 
depending upon its tier location. The following table sets forth the 
tiers and related appointment costs.

------------------------------------------------------------------------
                                     Hybrid Option
              Tier                      Classes         Appointment cost
------------------------------------------------------------------------
AA..............................   Options on               .499
                                   the CBOE
                                   Volatility Index
                                   (VIX).
                                   Options on                .25
                                   the iShares
                                   Russell 2000 Index
                                   Fund (IWM).
                                   Options on                .50
                                   the NASDAQ 100
                                   Index (NDX).
                                   Options on                .40
                                   the S&P 100 (OEX).
                                   Options on                .25
                                   Standard & Poor's
                                   Depositary
                                   Receipts (SPY).
                                   Options on           [.25].50
                                   the Russell 2000
                                   Index (RUT).
                                   Options on                .10
                                   the S&P 100 (XEO).
                                   Morgan                    .25
                                   Stanley Retail
                                   Index Options
                                   (MVR).
                                   Options on                .10
                                   the iPath S&P 500
                                   VIX Short-Term
                                   Futures Index ETN
                                   (VXX).
                                   P.M.-                [1.0].50
                                   Settled options on
                                   the Standard &
                                   Poor's 500 (SPXPM).
A*..............................  Hybrid Classes 1-60                .10
B*..............................  Hybrid Classes 61-                 .05
                                   120.
C*..............................  Hybrid Classes 121-                .04
                                   345.
D*..............................  Hybrid Classes 346-                .02
                                   570.

[[Page 3204]]

 
E*..............................  Hybrid Classes 571-                .01
                                   999.
F*..............................  All Remaining                     .001
                                   Hybrid Classes.
------------------------------------------------------------------------
* Excludes Tier AA.

    (ii)--(vi) No change.
    (d)--(e) 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
    The purpose of this rule change is to amend CBOE Rule 8.3 relating 
to the appointment costs for options on RUT options and SPXPM options. 
CBOE proposes to assign an appointment cost of .50 to each of RUT 
options and SPXPM options, effective February 1, 2016.
    While the appointment costs of Tier AA classes are not subject to 
quarterly rebalancing under Rule 8.3(c)(iv), the Exchange regularly 
reviews the appointment costs of Tier AA classes to ensure that they 
continue to be appropriate.\5\ The Exchange determines appointment 
costs of Tier AA classes based on several factors, including, but not 
limited to, competitive forces and trading volume. After evaluating 
these factors, the Exchange has determined to assign an appointment 
cost of .50 to each of RUT options and SPXPM options.
---------------------------------------------------------------------------

    \5\ The Exchange reviews the appointment costs of classes in 
Tiers A through F every calendar quarter pursuant to an evaluation 
of trading volume statistics. The Exchange announces the quarterly 
rebalance via Regulatory Circular at least 10 business days before 
the rebalancing takes effect. See Rule 8.3(c)(iv).
---------------------------------------------------------------------------

    The Exchange believes increasing the appointment cost for RUT 
options is reasonable given its increase in trading volume on the 
Exchange and other competitive forces. For example, when classes have 
higher volume, demand by Market-Makers for appointments to 
electronically quote in those classes may increase, and thus it is 
appropriate to charge a higher appointment cost for that class.\6\ The 
Exchange notes that even if a Market-Maker is unwilling to pay the 
higher appointment cost to maintain an appointment in RUT options to 
quote electronically during regular trading hours pursuant to Rule 
8.3(c)(i) (for example, because it would need an additional trading 
permit to cover the cost or because it would need to eliminate 
appointments in other classes), the Market-Maker can continue to have 
an appointment in the class to trade open outcry.\7\
---------------------------------------------------------------------------

    \6\ This is demonstrated by the appointment costs of classes in 
Tiers A through F, which are based solely on trading volume--classes 
with higher volume have higher appointment costs.
    \7\ See Rule 8.3(c)(ii) (which provides all Market-Makers with 
an appointment to trade open outcry in all Hybrid classes traded on 
the Exchange).
---------------------------------------------------------------------------

    The Exchange believes that decreasing the appointment cost for 
SPXPM options is reasonable given its trading volume and other 
competitive forces. The Exchange believes the proposed rule change will 
foster competition by incentivizing more Market-Makers to obtain an 
appointment in SPXPM due to the lower appointment cost, which may 
increase liquidity in the class, as well as quote electronically in 
other Hybrid option classes using the excess capacity resulting from 
the decreased appointment cost in SPXPM options. The Exchange believes 
that the appointment cost decrease for SPXPM options will promote 
competition and efficiency.
    The Exchange will announce the new appointment costs for RUT and 
SPXPM options via Regulatory Circular at least 10 business days before 
February 1, 2016, which the Exchange believes provides Market-Makers 
with sufficient notice to update their appointments (if necessary) via 
the appointments Web site or obtain an additional trading permit (if 
necessary).\8\
---------------------------------------------------------------------------

    \8\ The Exchange notes that this timeframe is consistent with 
the deadline to announce quarterly rebalancing under Rule 
8.3(c)(iv), which may result in an increase in appointment costs of 
some classes and a decrease in appointment costs of other classes.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder applicable to the 
Exchange and, in particular, the requirements of section 6(b) of the 
Act.\9\ Specifically, the Exchange believes the proposed rule change is 
consistent with the section 6(b)(5) \10\ 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) \11\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
---------------------------------------------------------------------------

    Rebalancing of appointment costs does not raise any new or unique 
issues. The Exchange reviews and rebalances appointment costs for Tier 
AA classes regularly and Tier A through F classes quarterly, both of 
which may result an increase in appointment costs of some classes and a 
decrease in appointment costs of other classes. The Exchange believes 
rebalancing appointment costs of Tier AA classes based on trading 
volume and other competitive forces promotes just and equitable 
principles of trade. The Exchange believes increasing the appointment 
cost for RUT options promotes competition and efficiency by aligning 
the appointment cost with the higher demand for appointments in that 
class and competitive forces related to that class.

[[Page 3205]]

The Exchange believes decreasing the appointment cost for SPXPM options 
promotes competition and efficiency by incentivizing more Market-Makers 
to obtain an appointment in SPXPM due to the lower appointment cost, 
which may increase liquidity in the class, as well as quote 
electronically in other Hybrid option classes using the excess capacity 
resulting from the decreased appointment cost in SPXPM options. The 
Exchange believes this may result in more liquidity and competitive 
pricing, which ultimately benefits investors. The proposed rule change 
does not result in unfair discrimination, as the revised appointment 
costs for RUT and SPXPM options will apply to all Market-Makers.

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. CBOE does not believe that the 
proposed rule change will impose any burden on intramarket competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Act because it will apply to all Market-Makers (and only Market-
Makers can have appointments to quote electronically). CBOE does not 
believe that the proposed rule change will impose any burden on 
intermarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act because the proposed rule change 
only applies to CBOE's Market-Maker appointment process. The Exchange 
believes the proposed rule change will promote competition, as 
discussed above.

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 foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public 
interest;
    B. impose any significant burden on competition; and
    C. 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 \12\ and 
Rule 19b-4(f)(6) \13\ thereunder.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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 will 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-2015-121 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-2015-121. 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-2015-121 and should be 
submitted on or before February 10, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00905 Filed 1-19-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices                                                                                  3203

                                              Electronic Comments                                                       should refer to File Number SR–BATS–                                    appointment costs for options on the
                                                • Use the Commission’s Internet                                         2015–124, and should be submitted on                                    Russell 2000 Index (‘‘RUT options’’) and
                                              comment form (http://www.sec.gov/                                         or before February 10, 2016.                                            P.M.-Settled options on the Standard &
                                              rules/sro.shtml); or                                                        For the Commission, by the Division of                                Poor’s 500 (‘‘SPXPM options’’). The text
                                                • Send an email to rule-comments@                                       Trading and Markets, pursuant to delegated                              of the proposed rule change is provided
                                              sec.gov. Please include File Number SR–                                   authority.50                                                            below.
                                              BATS–2015–124 on the subject line.                                        Robert W. Errett,
                                                                                                                                                                                                  (additions are underlined; deletions
                                                                                                                        Deputy Secretary.                                                       are [bracketed])
                                              Paper Comments                                                            [FR Doc. 2016–00896 Filed 1–19–16; 8:45 am]
                                                 • Send paper comments in triplicate                                                                                                            *     *     *     *    *
                                                                                                                        BILLING CODE 8011–01–P
                                              to Secretary, Securities and Exchange                                                                                                             Chicago Board Options Exchange,
                                              Commission, 100 F Street NE.,                                                                                                                       Incorporated
                                              Washington, DC 20549–1090.                                                SECURITIES AND EXCHANGE                                                 Rules
                                              All submissions should refer to File                                      COMMISSION
                                                                                                                                                                                                *     *     *     *    *
                                              Number SR–BATS–2015–124. This file                                        [Release No. 34–76895; File No. SR–CBOE–
                                              number should be included on the                                          2015–121]                                                               Rule 8.3. Appointment of Market-
                                              subject line if email is used. To help the                                                                                                          Makers
                                              Commission process and review your                                        Self-Regulatory Organizations;                                            (a)–(b) No change.
                                              comments more efficiently, please use                                     Chicago Board Options Exchange,
                                                                                                                        Incorporated; Notice of Filing and                                        (c) Market-Maker Appointments.
                                              only one method. The Commission will                                                                                                              Absent an exemption by the Exchange,
                                              post all comments on the Commission’s                                     Immediate Effectiveness of a Proposed
                                                                                                                        Rule Change To Amend Rule 8.3                                           an appointment of a Market-Maker
                                              Internet Web site (http://www.sec.gov/
                                                                                                                        Relating to Appointment Costs                                           confers the right to quote electronically
                                              rules/sro.shtml). Copies of the
                                                                                                                                                                                                and in open outcry in the Market-
                                              submission, all subsequent                                                January 13, 2016.                                                       Maker’s appointed classes during
                                              amendments, all written statements                                           Pursuant to section 19(b)(1) of the
                                              with respect to the proposed rule                                                                                                                 Regular Trading Hours as described
                                                                                                                        Securities Exchange Act of 1934 (the                                    below. Subject to paragraph (e) below, a
                                              change that are filed with the                                            ‘‘Act’’),1 and Rule 19b-4 thereunder,2
                                              Commission, and all written                                                                                                                       Market-Maker may change its appointed
                                                                                                                        notice is hereby given that on December                                 classes upon advance notification to the
                                              communications relating to the                                            31, 2015, Chicago Board Options
                                              proposed rule change between the                                                                                                                  Exchange in a form and manner
                                                                                                                        Exchange, Incorporated (the ‘‘Exchange’’
                                              Commission and any person, other than                                                                                                             prescribed by the Exchange.
                                                                                                                        or ‘‘CBOE’’) filed with the Securities
                                              those that may be withheld from the                                       and Exchange Commission (the                                              (i) Hybrid Classes. Subject to
                                              public in accordance with the                                             ‘‘Commission’’) the proposed rule                                       paragraphs (c)(iv) and (e) below, a
                                              provisions of 5 U.S.C. 552, will be                                       change as described in Items I and II                                   Market-Maker can create a Virtual
                                              available for Web site viewing and                                        below, which Items have been prepared                                   Trading Crowd (‘‘VTC’’) appointment,
                                              printing in the Commission’s Public                                       by the Exchange. The Exchange filed the                                 which confers the right to quote
                                              Reference Room, 100 F Street NE.,                                         proposal as a ‘‘non-controversial’’                                     electronically during Regular Trading
                                              Washington, DC 20549 on official                                          proposed rule change pursuant to                                        Hours in an appropriate number of
                                              business days between the hours of                                        section 19(b)(3)(A)(iii) of the Act 3 and                               Hybrid classes (as defined in Rule
                                              10:00 a.m. and 3:00 p.m. Copies of such                                   Rule 19b-4(f)(6) thereunder.4 The                                       1.1(aaa)) selected from ‘‘tiers’’ that have
                                              filing also will be available for                                         Commission is publishing this notice to                                 been structured according to trading
                                              inspection and copying at the principal                                   solicit comments on the proposed rule                                   volume statistics, except for the AA tier.
                                              office of the Exchange. All comments                                      change from interested persons.
                                              received will be posted without change;                                                                                                           All classes within a specific tier will be
                                              the Commission does not edit personal                                     I. Self-Regulatory Organization’s                                       assigned an ‘‘appointment cost’’
                                              identifying information from                                              Statement of the Terms of Substance of                                  depending upon its tier location. The
                                              submissions. You should submit only                                       the Proposed Rule Change                                                following table sets forth the tiers and
                                              information that you wish to make                                            The Exchange proposes to amend                                       related appointment costs.
                                              available publicly. All submissions                                       CBOE Rule 8.3 relating to the

                                                                                                                                                                                                                                         Appointment
                                                           Tier                                                                            Hybrid Option Classes                                                                            cost

                                              AA ...........................      • Options on the CBOE Volatility Index (VIX) .........................................................................................                            .499
                                                                                  • Options on the iShares Russell 2000 Index Fund (IWM) ....................................................................                                         .25
                                                                                  • Options on the NASDAQ 100 Index (NDX) ..........................................................................................                                  .50
                                                                                  • Options on the S&P 100 (OEX) ............................................................................................................                         .40
                                                                                  • Options on Standard & Poor’s Depositary Receipts (SPY) .................................................................                                          .25
                                                                                  • Options on the Russell 2000 Index (RUT) ...........................................................................................                         [.25].50
                                                                                  • Options on the S&P 100 (XEO) ............................................................................................................                         .10
                                                                                  • Morgan Stanley Retail Index Options (MVR) .......................................................................................                                 .25
                                                                                  • Options on the iPath S&P 500 VIX Short-Term Futures Index ETN (VXX) ........................................                                                      .10
                                                                                  • P.M.-Settled options on the Standard & Poor’s 500 (SPXPM) ............................................................                                      [1.0].50
tkelley on DSK4VPTVN1PROD with NOTICES




                                              A*   ............................   Hybrid Classes 1–60 ................................................................................................................................                .10
                                              B*   ............................   Hybrid Classes 61–120 ............................................................................................................................                  .05
                                              C*   ............................   Hybrid Classes 121–345 ..........................................................................................................................                   .04
                                              D*   ............................   Hybrid Classes 346–570 ..........................................................................................................................                   .02

                                                50 17   CFR 200.30–3(a)(12).                                               2 17   CFR 240.19b–4.                                                   4 17   CFR 240.19b–4(f)(6).
                                                1 15   U.S.C. 78s(b)(1).                                                   3 15   U.S.C. 78s(b)(3)(A)(iii).



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                                              3204                                Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices

                                                                                                                                                                                                                                    Appointment
                                                          Tier                                                                          Hybrid Option Classes                                                                          cost

                                              E* ............................   Hybrid Classes 571–999 ..........................................................................................................................              .01
                                              F* ............................   All Remaining Hybrid Classes ..................................................................................................................              .001
                                                 * Excludes Tier AA.


                                                 (ii)—(vi) No change.                                                each of RUT options and SPXPM                                          site or obtain an additional trading
                                                 (d)—(e) No change.                                                  options.                                                               permit (if necessary).8
                                              *      *     *    *    *                                                  The Exchange believes increasing the                                2. Statutory Basis
                                                 The text of the proposed rule change                                appointment cost for RUT options is
                                              is also available on the Exchange’s Web                                                                                                          The Exchange believes the proposed
                                                                                                                     reasonable given its increase in trading                               rule change is consistent with the Act
                                              site (http://www.cboe.com/AboutCBOE/                                   volume on the Exchange and other
                                              CBOELegalRegulatoryHome.aspx), at                                                                                                             and the rules and regulations
                                                                                                                     competitive forces. For example, when                                  thereunder applicable to the Exchange
                                              the Exchange’s Office of the Secretary,
                                                                                                                     classes have higher volume, demand by                                  and, in particular, the requirements of
                                              and at the Commission’s Public
                                              Reference Room.                                                        Market-Makers for appointments to                                      section 6(b) of the Act.9 Specifically, the
                                                                                                                     electronically quote in those classes                                  Exchange believes the proposed rule
                                              II. Self-Regulatory Organization’s                                     may increase, and thus it is appropriate                               change is consistent with the section
                                              Statement of the Purpose of, and                                       to charge a higher appointment cost for                                6(b)(5) 10 requirements that the rules of
                                              Statutory Basis for, the Proposed Rule                                 that class.6 The Exchange notes that                                   an exchange be designed to prevent
                                              Change                                                                 even if a Market-Maker is unwilling to                                 fraudulent and manipulative acts and
                                                 In its filing with the Commission, the                              pay the higher appointment cost to                                     practices, to promote just and equitable
                                              Exchange included statements                                           maintain an appointment in RUT                                         principles of trade, to foster cooperation
                                              concerning the purpose of and basis for                                options to quote electronically during                                 and coordination with persons engaged
                                              the proposed rule change and discussed                                 regular trading hours pursuant to Rule                                 in regulating, clearing, settling,
                                              any comments it received on the                                        8.3(c)(i) (for example, because it would                               processing information with respect to,
                                              proposed rule change. The text of these                                need an additional trading permit to                                   and facilitating transactions in
                                              statements may be examined at the                                      cover the cost or because it would need                                securities, to remove impediments to
                                              places specified in Item IV below. The                                 to eliminate appointments in other                                     and perfect the mechanism of a free and
                                              Exchange has prepared summaries, set                                   classes), the Market-Maker can continue                                open market and a national market
                                              forth in sections A, B, and C below, of                                to have an appointment in the class to                                 system, and, in general, to protect
                                              the most significant aspects of such                                   trade open outcry.7                                                    investors and the public interest.
                                              statements.                                                                                                                                   Additionally, the Exchange believes the
                                                                                                                        The Exchange believes that decreasing
                                              A. Self-Regulatory Organization’s                                                                                                             proposed rule change is consistent with
                                                                                                                     the appointment cost for SPXPM                                         the section 6(b)(5) 11 requirement that
                                              Statement of the Purpose of, and                                       options is reasonable given its trading
                                              Statutory Basis for, the Proposed Rule                                                                                                        the rules of an exchange not be designed
                                                                                                                     volume and other competitive forces.                                   to permit unfair discrimination between
                                              Change                                                                 The Exchange believes the proposed                                     customers, issuers, brokers, or dealers.
                                              1. Purpose                                                             rule change will foster competition by                                    Rebalancing of appointment costs
                                                 The purpose of this rule change is to                               incentivizing more Market-Makers to                                    does not raise any new or unique issues.
                                              amend CBOE Rule 8.3 relating to the                                    obtain an appointment in SPXPM due to                                  The Exchange reviews and rebalances
                                              appointment costs for options on RUT                                   the lower appointment cost, which may                                  appointment costs for Tier AA classes
                                              options and SPXPM options. CBOE                                        increase liquidity in the class, as well as                            regularly and Tier A through F classes
                                              proposes to assign an appointment cost                                 quote electronically in other Hybrid                                   quarterly, both of which may result an
                                              of .50 to each of RUT options and                                      option classes using the excess capacity                               increase in appointment costs of some
                                              SPXPM options, effective February 1,                                   resulting from the decreased                                           classes and a decrease in appointment
                                              2016.                                                                  appointment cost in SPXPM options.                                     costs of other classes. The Exchange
                                                 While the appointment costs of Tier                                 The Exchange believes that the                                         believes rebalancing appointment costs
                                              AA classes are not subject to quarterly                                appointment cost decrease for SPXPM                                    of Tier AA classes based on trading
                                              rebalancing under Rule 8.3(c)(iv), the                                 options will promote competition and                                   volume and other competitive forces
                                              Exchange regularly reviews the                                         efficiency.                                                            promotes just and equitable principles
                                              appointment costs of Tier AA classes to                                                                                                       of trade. The Exchange believes
                                                                                                                        The Exchange will announce the new
                                              ensure that they continue to be                                                                                                               increasing the appointment cost for RUT
                                                                                                                     appointment costs for RUT and SPXPM
                                              appropriate.5 The Exchange determines                                                                                                         options promotes competition and
                                              appointment costs of Tier AA classes                                   options via Regulatory Circular at least
                                                                                                                                                                                            efficiency by aligning the appointment
                                              based on several factors, including, but                               10 business days before February 1,
                                                                                                                                                                                            cost with the higher demand for
                                              not limited to, competitive forces and                                 2016, which the Exchange believes                                      appointments in that class and
                                              trading volume. After evaluating these                                 provides Market-Makers with sufficient                                 competitive forces related to that class.
                                              factors, the Exchange has determined to                                notice to update their appointments (if
                                              assign an appointment cost of .50 to                                   necessary) via the appointments Web                                      8 The Exchange notes that this timeframe is
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                                                                                                                                                                                            consistent with the deadline to announce quarterly
                                                5 The Exchange reviews the appointment costs of                        6 This is demonstrated by the appointment costs                      rebalancing under Rule 8.3(c)(iv), which may result
                                              classes in Tiers A through F every calendar quarter                    of classes in Tiers A through F, which are based                       in an increase in appointment costs of some classes
                                              pursuant to an evaluation of trading volume                            solely on trading volume—classes with higher                           and a decrease in appointment costs of other
                                              statistics. The Exchange announces the quarterly                       volume have higher appointment costs.                                  classes.
                                                                                                                                                                                              9 15 U.S.C. 78f(b).
                                              rebalance via Regulatory Circular at least 10                            7 See Rule 8.3(c)(ii) (which provides all Market-
                                                                                                                                                                                              10 15 U.S.C. 78f(b)(5).
                                              business days before the rebalancing takes effect.                     Makers with an appointment to trade open outcry
                                              See Rule 8.3(c)(iv).                                                   in all Hybrid classes traded on the Exchange).                           11 Id.




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                                                                         Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices                                                    3205

                                              The Exchange believes decreasing the                    Act 12 and Rule 19b–4(f)(6) 13                          filing also will be available for
                                              appointment cost for SPXPM options                      thereunder.                                             inspection and copying at the principal
                                              promotes competition and efficiency by                     At any time within 60 days of the                    office of the Exchange. All comments
                                              incentivizing more Market-Makers to                     filing of the proposed rule change, the                 received will be posted without change;
                                              obtain an appointment in SPXPM due to                   Commission summarily may                                the Commission does not edit personal
                                              the lower appointment cost, which may                   temporarily suspend such rule change if                 identifying information from
                                              increase liquidity in the class, as well as             it appears to the Commission that such                  submissions. You should submit only
                                              quote electronically in other Hybrid                    action is necessary or appropriate in the               information that you wish to make
                                              option classes using the excess capacity                public interest, for the protection of                  available publicly. All submissions
                                              resulting from the decreased                            investors, or otherwise in furtherance of               should refer to File Number SR–CBOE–
                                              appointment cost in SPXPM options.                      the purposes of the Act. If the                         2015–121 and should be submitted on
                                              The Exchange believes this may result                   Commission takes such action, the                       or before February 10, 2016.
                                              in more liquidity and competitive                       Commission will institute proceedings                     For the Commission, by the Division of
                                              pricing, which ultimately benefits                      to determine whether the proposed rule                  Trading and Markets, pursuant to delegated
                                              investors. The proposed rule change                     change should be approved or                            authority.14
                                              does not result in unfair discrimination,               disapproved.                                            Robert W. Errett,
                                              as the revised appointment costs for                    IV. Solicitation of Comments                            Deputy Secretary.
                                              RUT and SPXPM options will apply to                                                                             [FR Doc. 2016–00905 Filed 1–19–16; 8:45 am]
                                              all Market-Makers.                                        Interested persons are invited to
                                                                                                      submit written data, views, and                         BILLING CODE 8011–01–P
                                              B. Self-Regulatory Organization’s                       arguments concerning the foregoing,
                                              Statement on Burden on Competition                      including whether the proposed rule
                                                                                                      change is consistent with the Act.                      SECURITIES AND EXCHANGE
                                                 CBOE does not believe that the
                                                                                                      Comments may be submitted by any of                     COMMISSION
                                              proposed rule change will impose any
                                              burden on competition that is not                       the following methods:                                  Sunshine Act Meeting
                                              necessary or appropriate in furtherance                 Electronic Comments
                                              of the purposes of the Act. CBOE does                                                                              Notice is hereby given, pursuant to
                                              not believe that the proposed rule                        • Use the Commission’s Internet                       the provisions of the Government in the
                                              change will impose any burden on                        comment form (http://www.sec.gov/                       Sunshine Act, Pub. L. 94–409, that the
                                              intramarket competition that is not                     rules/sro.shtml); or                                    Securities and Exchange Commission
                                              necessary or appropriate in furtherance                   • Send an email to rule-comments@                     will hold a Closed Meeting on
                                              of the purposes of the Act because it                   sec.gov. Please include File Number SR–                 Thursday, January 21, 2016 at 2:00 p.m.
                                              will apply to all Market-Makers (and                    CBOE–2015–121 on the subject line.                         Commissioners, Counsel to the
                                              only Market-Makers can have                             Paper Comments                                          Commissioners, the Secretary to the
                                              appointments to quote electronically).                                                                          Commission, and recording secretaries
                                                                                                        • Send paper comments in triplicate
                                              CBOE does not believe that the                                                                                  will attend the Closed Meeting. Certain
                                                                                                      to Secretary, Securities and Exchange
                                              proposed rule change will impose any                                                                            staff members who have an interest in
                                                                                                      Commission, 100 F Street NE.,
                                              burden on intermarket competition that                                                                          the matters also may be present.
                                                                                                      Washington, DC 20549–1090.
                                              is not necessary or appropriate in                                                                                 The General Counsel of the
                                                                                                      All submissions should refer to File                    Commission, or her designee, has
                                              furtherance of the purposes of the Act
                                                                                                      Number SR–CBOE–2015–121. This file                      certified that, in her opinion, one or
                                              because the proposed rule change only
                                                                                                      number should be included on the                        more of the exemptions set forth in 5
                                              applies to CBOE’s Market-Maker
                                                                                                      subject line if email is used. To help the              U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
                                              appointment process. The Exchange
                                                                                                      Commission process and review your                      and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
                                              believes the proposed rule change will
                                                                                                      comments more efficiently, please use                   and (10), permit consideration of the
                                              promote competition, as discussed
                                                                                                      only one method. The Commission will                    scheduled matter at the Closed Meeting.
                                              above.
                                                                                                      post all comments on the Commission’s
                                                                                                                                                                 Commissioner Piwowar, as duty
                                              C. Self-Regulatory Organization’s                       Internet Web site (http://www.sec.gov/
                                                                                                                                                              officer, voted to consider the items
                                              Statement on Comments on the                            rules/sro.shtml). Copies of the
                                                                                                                                                              listed for the Closed Meeting in closed
                                              Proposed Rule Change Received From                      submission, all subsequent
                                                                                                                                                              session.
                                              Members, Participants, or Others                        amendments, all written statements
                                                                                                                                                                 The subject matter of the Closed
                                                The Exchange neither solicited nor                    with respect to the proposed rule
                                                                                                                                                              Meeting will be:
                                              received comments on the proposed                       change that are filed with the
                                                                                                      Commission, and all written                             Institution and settlement of injunctive
                                              rule change.                                                                                                       actions;
                                                                                                      communications relating to the
                                              III. Date of Effectiveness of the                       proposed rule change between the                        Institution and settlement of
                                              Proposed Rule Change and Timing for                     Commission and any person, other than                      administrative proceedings;
                                              Commission Action                                       those that may be withheld from the                     Consideration of amicus participation;
                                                 Because the foregoing proposed rule                  public in accordance with the                           Post-argument discussion; and
                                              change does not:                                        provisions of 5 U.S.C. 552, will be                     Other matters relating to enforcement
                                                 A. Significantly affect the protection               available for Web site viewing and                         proceedings.
                                              of investors or the public interest;                    printing in the Commission’s Public                        At times, changes in Commission
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                                                 B. impose any significant burden on                  Reference Room, 100 F Street NE.,                       priorities require alterations in the
                                              competition; and                                        Washington, DC 20549 on official                        scheduling of meeting items.
                                                 C. become operative for 30 days from                 business days between the hours of                         For further information and to
                                              the date on which it was filed, or such                 10:00 a.m. and 3:00 p.m. Copies of the                  ascertain what, if any, matters have been
                                              shorter time as the Commission may                                                                              added, deleted or postponed, please
                                              designate, it has become effective                        12 15   U.S.C. 78s(b)(3)(A).
                                              pursuant to section 19(b)(3)(A) of the                    13 17   CFR 240.19b–4(f)(6).                            14 17   CFR 200.30–3(a)(12).



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Document Created: 2016-01-19 23:43:59
Document Modified: 2016-01-19 23:43:59
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 3203 

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