81_FR_3525 81 FR 3512 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Approving a Proposed Rule Change To Permit P.M.-Settled Options on Broad-Based Indexes To Expire on Any Wednesday of the Month by Expanding the End of Week/End of Month Pilot Program

81 FR 3512 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Approving a Proposed Rule Change To Permit P.M.-Settled Options on Broad-Based Indexes To Expire on Any Wednesday of the Month by Expanding the End of Week/End of Month Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 13 (January 21, 2016)

Page Range3512-3514
FR Document2016-01059

Federal Register, Volume 81 Issue 13 (Thursday, January 21, 2016)
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Notices]
[Pages 3512-3514]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01059]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76909; File No. SR-CBOE-2015-106]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Order Approving a Proposed Rule Change To Permit P.M.-
Settled Options on Broad-Based Indexes To Expire on Any Wednesday of 
the Month by Expanding the End of Week/End of Month Pilot Program

January 14, 2016.

I. Introduction

    On November 17, 2015, Chicago Board Options Exchange, Incorporated 
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission''), pursuant to Section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change to expand the End of Week/End of 
Month Pilot Program to permit P.M.-settled options on broad-based 
indexes to expire on any Wednesday of the month and extend the duration 
of the pilot program. The proposed rule change was published for 
comment in the Federal Register on December 3, 2015.\3\ The Commission 
received no comments on the proposal. This order approves the proposed 
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 76529 (November 30, 
2015), 80 FR 75695 (December 3, 2015) (``Notice'').
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II. Description of the Proposal

    CBOE proposes to expand and extend the duration of its existing End 
of Week/End of Month Pilot Program (the

[[Page 3513]]

``Pilot'').\4\ Under the terms of the current Pilot, the Exchange is 
permitted to list P.M.-settled options on broad-based indexes to expire 
on (a) any Friday of the month, other than the third Friday-of-the-
month (``EOW''), and (b) the last trading day of the month 
(``EOM'').\5\ Under the proposal, the Exchange will expand the Pilot to 
permit P.M.-settled options on broad-based indexes to expire on any 
Wednesday of the month (``WED''), other than Wednesdays that are EOM, 
and extend the duration of the Pilot to May 3, 2017.\6\
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    \4\ See Securities Exchange Act Release No. 62911 (September 14, 
2010), 75 FR 57539 (September 21, 2010) (order approving SR-CBOE-
2009-075) (``Pilot Approval Order''). See also Securities Exchange 
Act Release No. 73422 (October 24, 2014), 79 FR 64640 (October 30, 
2014) (SR-CBOE-2014-079) (notice of filing and immediate 
effectiveness extending the Pilot). The Pilot is currently set to 
expire on May 3, 2016. See id.
    \5\ EOWs and EOMs are permitted on any broad-based index that is 
eligible for regular options trading. EOWs and EOMs are cash-settled 
expirations with European-style exercise, and are subject to the 
same rules that govern the trading of standard index options. See 
CBOE Rule 24.9(e).
    \6\ The Exchange also proposes to retitle the Pilot, which will 
cover EOW, EOM, and WED expirations, as the ``Nonstandard 
Expirations Pilot Program.''
---------------------------------------------------------------------------

A. Wednesday Expirations

    The Exchange's proposed rule change will allow it to open for 
trading WEDs on any broad-based index eligible for standard options 
trading to expire on any Wednesday of the month, other than a Wednesday 
that is EOM.\7\ WEDs will be treated the same as options on the same 
underlying index that expire on the third Friday of the expiration 
month, except that they will be P.M.-settled,\8\ and will be subject to 
the same rules that currently govern the trading of traditional index 
options, including sales practice rules, margin requirements, and floor 
trading procedures.\9\ In addition, WEDs on the same broad-based index 
will be aggregated for position limits, if any, and any applicable 
reporting and other requirements.\10\ Contract terms for WEDs will be 
similar to EOWs, as described below.\11\
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    \7\ See proposed CBOE Rule 24.9(e)(3).
    \8\ See id.
    \9\ See Notice, supra note 3, at 75696.
    \10\ See proposed CBOE Rule 24.4(b).
    \11\ See Notice, supra note 3, at 75696.
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    The maximum number of expirations that may be listed for WEDs is 
the same as the maximum number of expirations permitted in CBOE Rule 
24.9(a)(2) for standard options on the same broad-based index, and CBOE 
proposes that other expirations in the same class will not be counted 
as part of the maximum number of WED expirations for a particular 
broad-based index class.\12\ Other than expirations that coincide with 
an EOM expiration, CBOE's proposed rule will require that WED 
expirations expire on consecutive Wednesdays.\13\ Further, a new group 
of WEDs that are first listed in a given class may begin with an 
initial expiration up to four weeks from the date that CBOE first lists 
the group of WEDs.\14\
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    \12\ See proposed CBOE Rule 24.9(e)(3).
    \13\ See id.
    \14\ See id. The Exchange also proposes conforming language for 
EOWs. It provides that other than expirations that are third Friday-
of-the-month or that coincide with an EOM expiration, EOW 
expirations shall be for consecutive Friday expirations. It also 
provides that EOWs that are first listed in a given class may expire 
up to four weeks from the actual listing date. See proposed CBOE 
Rule 24.9(e)(1).
---------------------------------------------------------------------------

    With respect to listing, if the last trading day of a month is a 
Wednesday, the Exchange will list an EOM and not a WED. This hierarchy 
will only apply if the Exchange lists an EOM in a particular class; if 
the Exchange does not list an EOM in that class on a last trading day 
of a month that is a Wednesday, it may list a WED.\15\
---------------------------------------------------------------------------

    \15\ See proposed CBOE Rule 24.9(e)(3). The Exchange proposes to 
add language to clarify a similar listing hierarchy for EOW 
expirations: if the last trading day of a month is a Friday, the 
Exchange will list an EOM and not an EOW, but this hierarchy will 
only apply if the Exchange actually lists an EOM in a particular 
class. If the Exchange does not list an EOM in that class on a last 
trading day of a month that is a Friday, it may list a EOW. See 
proposed CBOE Rule 24.9(e)(1).
---------------------------------------------------------------------------

B. Annual Pilot Program Report

    The Exchange currently submits a Pilot report to the Commission at 
least two months prior to the expiration date of the Pilot (the 
``Annual Report''). The Exchange represents that it will expand the 
Annual Report to provide the same data and analysis related to WED 
expirations as is currently provided for EOW and EOM expirations.\16\ 
Because the Pilot is currently set to expire on May 3, 2016, and the 
Annual Report is provided at least two months prior the expiration date 
of the Pilot, the Exchange proposes to extend the Pilot to May 3, 2017 
\17\ to provide a greater volume of data concerning WED expirations in 
the Annual Report due in 2017.\18\ The Exchange represents that it will 
provide an Annual Report in 2016 that covers EOWs, EOMs, and WEDs.\19\
---------------------------------------------------------------------------

    \16\ See Notice, supra note 3, at 75697.
    \17\ Any positions established under the Pilot would not be 
impacted by the expiration of the Pilot. For example, if the 
Exchange lists an EOW, EOM, or WED expiration that expires after the 
Pilot expires (and is not extended) then those positions would 
continue to exist. However, any further trading in those series 
would be restricted to transactions where at least one side of the 
trade is a closing transaction. See Notice, supra note 3, at 75696.
    \18\ See Notice, supra note 3, at 75697.
    \19\ See id.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities exchange 
and, in particular, with Section 6(b) of the Act.\20\ In particular, 
the Commission finds that the proposed rule change is consistent with 
Section 6(b)(5) of the Act,\21\ which requires, among other things, 
that a national securities exchange have rules 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.
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    \20\ 15 U.S.C. 78f(b). In approving this proposed rule change, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
    \21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission has had concerns about the adverse effects and 
impact of P.M. settlement upon market volatility and the operation of 
fair and orderly markets on the underlying cash market at or near the 
close of trading. Only in limited instances has the Commission 
previously approved P.M. settlement for cash-settled options. In 
addition to approving the original Pilot,\22\ in 1993, the Commission 
approved CBOE's listing of P.M.-settled, cash-settled options on 
certain broad-based indexes expiring on the first business day of the 
month following the end of each calendar quarter.\23\ In 2010, the 
Commission approved CBOE's listing of P.M.-settled FLEX options on a 
pilot basis.\24\ The Commission also approved the listing of P.M.-
settled SPX index options on a pilot basis.\25\
---------------------------------------------------------------------------

    \22\ See Pilot Approval Order, supra note 4.
    \23\ See Securities Exchange Act Release No. 31800 (February 1, 
1993), 58 FR 7274 (February 5, 1993) (SR-CBOE-92-13). In 2006, CBOE 
implemented, on a pilot basis, listing of P.M.-settled index options 
expiring on the last business day of a calendar quarter. See 
Securities Exchange Act Release No. 54123 (July 11, 2006), 71 FR 
40558 (July 17, 2006) (SR-CBOE-2006-65).
    \24\ See Securities Exchange Act Release No. 61439 (January 28, 
2010), 75 FR 5831 (February 4, 2010) (SR-CBOE-2009-087).
    \25\ The Commission initially approved P.M.-settled SPX index 
options (``SPXPM'') on a 14-month pilot basis (the ``SPXPM Pilot'') 
on C2 Options Exchange, Incorporated (``C2''). See Securities 
Exchange Act Release No. 65256 (September 2, 2011), 76 FR 55969 
(September 9, 2011) (SR-C2-2011-008). The SPXPM Pilot was 
subsequently transferred from C2 to CBOE and reset to a new 12-month 
pilot period. See Securities Exchange Act Release No. 68888 
(February 8, 2013), 78 FR 10668 (February 14, 2013) (SR-CBOE-2012-
120). In 2013, the Commission approved the addition of P.M.-settled 
mini-SPX index options to the SPXPM Pilot and the pilot's extension. 
See Securities Exchange Act Release No. 70087 (July 31, 2013), 78 FR 
47809 (August 6, 2013) (SR-CBOE-2013-055).

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[[Page 3514]]

    The Commission believes that it is appropriate to approve the WEDs 
proposal on a pilot basis and extend the existing Pilot in order to 
allow the Exchange to gain experience with the new WEDs and collect 
data concerning WEDs. The addition of WEDs would offer additional 
investment options to investors and may be useful for their investment 
or hedging objectives. The Commission believes that the proposal 
strikes a reasonable balance between the Exchange's desire to offer a 
wider array of investment opportunities and the need to avoid 
unnecessary proliferation of options series that may burden some 
liquidity providers and further stress options quotation and 
transaction infrastructure. Further, CBOE's proposed extended Pilot 
period should allow for both the Exchange and the Commission to 
continue to monitor the potential for adverse market effects of P.M. 
settlement on the market, including the underlying cash equities 
markets at the expiration of these options.
    The Commission notes that CBOE will provide the Commission with the 
Annual Report analyzing volume and open interest of EOWs, EOMs, and 
WEDs, which will also contain information and analysis of EOWs, EOMs, 
and WED trading patterns and index price volatility and share trading 
activity for series that exceed minimum parameters. This information 
should be useful to the Commission as it evaluates whether allowing 
P.M. settlement for EOWs, EOMs, and WEDs has resulted in increased 
market and price volatility in the underlying component stocks, 
particularly at expiration. The Pilot information should help the 
Commission and CBOE assess the impact on the markets and determine 
whether changes to these programs are necessary or appropriate. 
Furthermore, the Exchange's ongoing analysis of the Pilot should help 
it monitor any potential risks from large P.M.-settled positions and 
take appropriate action if warranted.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\26\ that the proposed rule change (SR-CBOE-2015-106) be, and it 
hereby is, approved.
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    \26\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-01059 Filed 1-20-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    3512                             Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices

                                                    may substitute another source of market                   fee, or other charge imposed by the                        filing also will be available for
                                                    data information for its own.                             Exchange.                                                  inspection and copying at the principal
                                                       Those competitive pressures imposed                       At any time within 60 days of the                       office of the Exchange. All comments
                                                    by available alternatives are evident in                  filing of such proposed rule change, the                   received will be posted without change;
                                                    the Exchange’s proposed pricing.                          Commission summarily may                                   the Commission does not edit personal
                                                                                                              temporarily suspend such rule change if                    identifying information from
                                                       In addition to the competition and                     it appears to the Commission that such                     submissions. You should submit only
                                                    price discipline described above, the                     action is necessary or appropriate in the                  information that you wish to make
                                                    market for proprietary data products is                   public interest, for the protection of                     available publicly. All submissions
                                                    also highly contestable because market                    investors, or otherwise in furtherance of                  should refer to File Number SR–NYSE–
                                                    entry is rapid and inexpensive. The                       the purposes of the Act. If the                            2016–02 and should be submitted on or
                                                    history of electronic trading is replete                  Commission takes such action, the                          before February 11, 2016.
                                                    with examples of entrants that swiftly                    Commission shall institute proceedings
                                                    grew into some of the largest electronic                                                                               For the Commission, by the Division of
                                                                                                              under Section 19(b)(2)(B) 39 of the Act to                 Trading and Markets, pursuant to delegated
                                                    trading platforms and proprietary data                    determine whether the proposed rule                        authority.40
                                                    producers: Archipelago, Bloomberg                         change should be approved or
                                                    Tradebook, Island, RediBook, Attain,                                                                                 Robert W. Errett,
                                                                                                              disapproved.
                                                    TrackECN, BATS Trading and Direct                                                                                    Deputy Secretary.
                                                    Edge. As noted above, BATS launched                       IV. Solicitation of Comments                               [FR Doc. 2016–01052 Filed 1–20–16; 8:45 am]
                                                    as an ATS in 2006 and became an                             Interested persons are invited to                        BILLING CODE 8011–01–P
                                                    exchange in 2008, while Direct Edge                       submit written data, views, and
                                                    began operations in 2007 and obtained                     arguments concerning the foregoing,
                                                    exchange status in 2010.                                  including whether the proposed rule                        SECURITIES AND EXCHANGE
                                                                                                              change is consistent with the Act.                         COMMISSION
                                                       In determining the proposed changes
                                                    to the fees for the NYSE OpenBook, the                    Comments may be submitted by any of                        [Release No. 34–76909; File No. SR–CBOE–
                                                    Exchange considered the                                   the following methods:                                     2015–106]
                                                    competitiveness of the market for                         Electronic Comments
                                                    proprietary data and all of the                                                                                      Self-Regulatory Organizations;
                                                    implications of that competition. The                       • Use the Commission’s Internet                          Chicago Board Options Exchange,
                                                    Exchange believes that it has considered                  comment form (http://www.sec.gov/                          Incorporated; Order Approving a
                                                    all relevant factors and has not                          rules/sro.shtml); or                                       Proposed Rule Change To Permit P.M.-
                                                                                                                • Send an email to rule-comments@                        Settled Options on Broad-Based
                                                    considered irrelevant factors in order to
                                                                                                              sec.gov. Please include File Number SR–                    Indexes To Expire on Any Wednesday
                                                    establish fair, reasonable, and not
                                                                                                              NYSE–2016–02 on the subject line.                          of the Month by Expanding the End of
                                                    unreasonably discriminatory fees and an
                                                    equitable allocation of fees among all                    Paper Comments                                             Week/End of Month Pilot Program
                                                    users. The existence of numerous                            • Send paper comments in triplicate                      January 14, 2016.
                                                    alternatives to the Exchange’s products,                  to Brent J. Fields, Secretary, Securities
                                                    including proprietary data from other                                                                                I. Introduction
                                                                                                              and Exchange Commission, 100 F Street
                                                    sources, ensures that the Exchange                        NE., Washington, DC 20549–1090.                               On November 17, 2015, Chicago
                                                    cannot set unreasonable fees, or fees                     All submissions should refer to File                       Board Options Exchange, Incorporated
                                                    that are unreasonably discriminatory,                     Number SR–NYSE–2016–02. This file                          (‘‘CBOE’’ or ‘‘Exchange’’) filed with the
                                                    when vendors and subscribers can elect                    number should be included on the                           Securities and Exchange Commission
                                                    these alternatives or choose not to                       subject line if email is used. To help the                 (‘‘Commission’’), pursuant to Section
                                                    purchase a specific proprietary data                      Commission process and review your                         19(b)(1) of the Securities Exchange Act
                                                    product if the attendant fees are not                     comments more efficiently, please use                      of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    justified by the returns that any                         only one method. The Commission will                       thereunder,2 a proposed rule change to
                                                    particular vendor or data recipient                       post all comments on the Commission’s                      expand the End of Week/End of Month
                                                    would achieve through the purchase.                       Internet Web site (http://www.sec.gov/                     Pilot Program to permit P.M.-settled
                                                    C. Self-Regulatory Organization’s                         rules/sro.shtml). Copies of the                            options on broad-based indexes to
                                                    Statement on Comments on the                              submission, all subsequent                                 expire on any Wednesday of the month
                                                    Proposed Rule Change Received From                        amendments, all written statements                         and extend the duration of the pilot
                                                    Members, Participants, or Others                          with respect to the proposed rule                          program. The proposed rule change was
                                                                                                              change that are filed with the                             published for comment in the Federal
                                                      No written comments were solicited                      Commission, and all written                                Register on December 3, 2015.3 The
                                                    or received with respect to the proposed                  communications relating to the                             Commission received no comments on
                                                    rule change.                                              proposed rule change between the                           the proposal. This order approves the
                                                                                                              Commission and any person, other than                      proposed rule change.
                                                    III. Date of Effectiveness of the
                                                    Proposed Rule Change and Timing for                       those that may be withheld from the                        II. Description of the Proposal
                                                    Commission Action                                         public in accordance with the
                                                                                                              provisions of 5 U.S.C. 552, will be                          CBOE proposes to expand and extend
asabaliauskas on DSK9F6TC42PROD with NOTICES




                                                      The foregoing rule change is effective                  available for Web site viewing and                         the duration of its existing End of Week/
                                                    upon filing pursuant to Section                           printing in the Commission’s Public                        End of Month Pilot Program (the
                                                    19(b)(3)(A) 37 of the Act and                             Reference Room, 100 F Street NE.,
                                                                                                                                                                           40 17 CFR 200.30–3(a)(12).
                                                    subparagraph (f)(2) of Rule 19b–4 38                      Washington, DC 20549 on official                             1 15 U.S.C. 78s(b)(1).
                                                    thereunder, because it establishes a due,                 business days between the hours of                           2 17 CFR 240.19b–4.
                                                                                                              10:00 a.m. and 3:00 p.m. Copies of the                       3 See Securities Exchange Act Release No. 76529
                                                      37 15   U.S.C. 78s(b)(3)(A).                                                                                       (November 30, 2015), 80 FR 75695 (December 3,
                                                      38 17   CFR 240.19b–4(f)(2).                              39 15   U.S.C. 78s(b)(2)(B).                             2015) (‘‘Notice’’).



                                               VerDate Sep<11>2014     18:26 Jan 20, 2016   Jkt 238001   PO 00000   Frm 00136    Fmt 4703      Sfmt 4703   E:\FR\FM\21JAN1.SGM     21JAN1


                                                                                 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices                                                       3513

                                                    ‘‘Pilot’’).4 Under the terms of the current             Other than expirations that coincide                     III. Discussion and Commission
                                                    Pilot, the Exchange is permitted to list                with an EOM expiration, CBOE’s                           Findings
                                                    P.M.-settled options on broad-based                     proposed rule will require that WED                         After careful review, the Commission
                                                    indexes to expire on (a) any Friday of                  expirations expire on consecutive                        finds that the proposed rule change is
                                                    the month, other than the third Friday-                 Wednesdays.13 Further, a new group of                    consistent with the requirements of the
                                                    of-the-month (‘‘EOW’’), and (b) the last                WEDs that are first listed in a given                    Act and the rules and regulations
                                                    trading day of the month (‘‘EOM’’).5                    class may begin with an initial                          thereunder applicable to a national
                                                    Under the proposal, the Exchange will                   expiration up to four weeks from the                     securities exchange and, in particular,
                                                    expand the Pilot to permit P.M.-settled                 date that CBOE first lists the group of                  with Section 6(b) of the Act.20 In
                                                    options on broad-based indexes to                       WEDs.14                                                  particular, the Commission finds that
                                                    expire on any Wednesday of the month                       With respect to listing, if the last                  the proposed rule change is consistent
                                                    (‘‘WED’’), other than Wednesdays that                   trading day of a month is a Wednesday,
                                                                                                                                                                     with Section 6(b)(5) of the Act,21 which
                                                    are EOM, and extend the duration of the                 the Exchange will list an EOM and not
                                                                                                                                                                     requires, among other things, that a
                                                    Pilot to May 3, 2017.6                                  a WED. This hierarchy will only apply
                                                                                                                                                                     national securities exchange have rules
                                                                                                            if the Exchange lists an EOM in a
                                                    A. Wednesday Expirations                                                                                         designed to prevent fraudulent and
                                                                                                            particular class; if the Exchange does
                                                       The Exchange’s proposed rule change                                                                           manipulative acts and practices, to
                                                                                                            not list an EOM in that class on a last
                                                    will allow it to open for trading WEDs                                                                           promote just and equitable principles of
                                                                                                            trading day of a month that is a
                                                    on any broad-based index eligible for                                                                            trade, to foster cooperation and
                                                                                                            Wednesday, it may list a WED.15
                                                    standard options trading to expire on                                                                            coordination with persons engaged in
                                                    any Wednesday of the month, other                       B. Annual Pilot Program Report                           regulating, clearing, settling, processing
                                                    than a Wednesday that is EOM.7 WEDs                       The Exchange currently submits a                       information with respect to, and
                                                    will be treated the same as options on                  Pilot report to the Commission at least                  facilitating transactions in securities, to
                                                    the same underlying index that expire                   two months prior to the expiration date                  remove impediments to and perfect the
                                                    on the third Friday of the expiration                   of the Pilot (the ‘‘Annual Report’’). The                mechanism of a free and open market
                                                    month, except that they will be P.M.-                   Exchange represents that it will expand                  and a national market system, and, in
                                                    settled,8 and will be subject to the same               the Annual Report to provide the same                    general, to protect investors and the
                                                    rules that currently govern the trading of              data and analysis related to WED                         public interest.
                                                    traditional index options, including                    expirations as is currently provided for                    The Commission has had concerns
                                                    sales practice rules, margin                            EOW and EOM expirations.16 Because                       about the adverse effects and impact of
                                                    requirements, and floor trading                         the Pilot is currently set to expire on                  P.M. settlement upon market volatility
                                                    procedures.9 In addition, WEDs on the                   May 3, 2016, and the Annual Report is                    and the operation of fair and orderly
                                                    same broad-based index will be                          provided at least two months prior the                   markets on the underlying cash market
                                                    aggregated for position limits, if any,                 expiration date of the Pilot, the                        at or near the close of trading. Only in
                                                    and any applicable reporting and other                  Exchange proposes to extend the Pilot to                 limited instances has the Commission
                                                    requirements.10 Contract terms for                      May 3, 2017 17 to provide a greater                      previously approved P.M. settlement for
                                                    WEDs will be similar to EOWs, as                        volume of data concerning WED                            cash-settled options. In addition to
                                                    described below.11                                      expirations in the Annual Report due in                  approving the original Pilot,22 in 1993,
                                                       The maximum number of expirations                    2017.18 The Exchange represents that it                  the Commission approved CBOE’s
                                                    that may be listed for WEDs is the same                 will provide an Annual Report in 2016                    listing of P.M.-settled, cash-settled
                                                    as the maximum number of expirations                    that covers EOWs, EOMs, and WEDs.19                      options on certain broad-based indexes
                                                    permitted in CBOE Rule 24.9(a)(2) for                                                                            expiring on the first business day of the
                                                    standard options on the same broad-                       13 See  id.                                            month following the end of each
                                                    based index, and CBOE proposes that                       14 See  id. The Exchange also proposes conforming      calendar quarter.23 In 2010, the
                                                    other expirations in the same class will                language for EOWs. It provides that other than           Commission approved CBOE’s listing of
                                                                                                            expirations that are third Friday-of-the-month or
                                                    not be counted as part of the maximum                   that coincide with an EOM expiration, EOW
                                                                                                                                                                     P.M.-settled FLEX options on a pilot
                                                    number of WED expirations for a                         expirations shall be for consecutive Friday              basis.24 The Commission also approved
                                                    particular broad-based index class.12                   expirations. It also provides that EOWs that are first   the listing of P.M.-settled SPX index
                                                                                                            listed in a given class may expire up to four weeks      options on a pilot basis.25
                                                       4 See Securities Exchange Act Release No. 62911
                                                                                                            from the actual listing date. See proposed CBOE
                                                                                                            Rule 24.9(e)(1).
                                                    (September 14, 2010), 75 FR 57539 (September 21,           15 See proposed CBOE Rule 24.9(e)(3). The
                                                                                                                                                                        20 15 U.S.C. 78f(b). In approving this proposed
                                                    2010) (order approving SR–CBOE–2009–075)                                                                         rule change, the Commission has considered the
                                                                                                            Exchange proposes to add language to clarify a
                                                    (‘‘Pilot Approval Order’’). See also Securities                                                                  proposed rule’s impact on efficiency, competition,
                                                                                                            similar listing hierarchy for EOW expirations: if the
                                                    Exchange Act Release No. 73422 (October 24, 2014),                                                               and capital formation. See 15 U.S.C. 78c(f).
                                                                                                            last trading day of a month is a Friday, the
                                                    79 FR 64640 (October 30, 2014) (SR–CBOE–2014–                                                                       21 15 U.S.C. 78f(b)(5).
                                                                                                            Exchange will list an EOM and not an EOW, but
                                                    079) (notice of filing and immediate effectiveness                                                                  22 See Pilot Approval Order, supra note 4.
                                                                                                            this hierarchy will only apply if the Exchange
                                                    extending the Pilot). The Pilot is currently set to
                                                                                                            actually lists an EOM in a particular class. If the         23 See Securities Exchange Act Release No. 31800
                                                    expire on May 3, 2016. See id.
                                                       5 EOWs and EOMs are permitted on any broad-
                                                                                                            Exchange does not list an EOM in that class on a         (February 1, 1993), 58 FR 7274 (February 5, 1993)
                                                                                                            last trading day of a month that is a Friday, it may     (SR–CBOE–92–13). In 2006, CBOE implemented, on
                                                    based index that is eligible for regular options        list a EOW. See proposed CBOE Rule 24.9(e)(1).           a pilot basis, listing of P.M.-settled index options
                                                    trading. EOWs and EOMs are cash-settled                    16 See Notice, supra note 3, at 75697.                expiring on the last business day of a calendar
                                                    expirations with European-style exercise, and are          17 Any positions established under the Pilot          quarter. See Securities Exchange Act Release No.
                                                    subject to the same rules that govern the trading of
                                                                                                            would not be impacted by the expiration of the           54123 (July 11, 2006), 71 FR 40558 (July 17, 2006)
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                                                    standard index options. See CBOE Rule 24.9(e).
                                                       6 The Exchange also proposes to retitle the Pilot,   Pilot. For example, if the Exchange lists an EOW,        (SR–CBOE–2006–65).
                                                                                                            EOM, or WED expiration that expires after the Pilot         24 See Securities Exchange Act Release No. 61439
                                                    which will cover EOW, EOM, and WED expirations,
                                                                                                            expires (and is not extended) then those positions       (January 28, 2010), 75 FR 5831 (February 4, 2010)
                                                    as the ‘‘Nonstandard Expirations Pilot Program.’’
                                                       7 See proposed CBOE Rule 24.9(e)(3).
                                                                                                            would continue to exist. However, any further            (SR–CBOE–2009–087).
                                                                                                            trading in those series would be restricted to              25 The Commission initially approved P.M.-
                                                       8 See id.
                                                                                                            transactions where at least one side of the trade is     settled SPX index options (‘‘SPXPM’’) on a 14-
                                                       9 See Notice, supra note 3, at 75696.
                                                                                                            a closing transaction. See Notice, supra note 3, at      month pilot basis (the ‘‘SPXPM Pilot’’) on C2
                                                       10 See proposed CBOE Rule 24.4(b).                   75696.                                                   Options Exchange, Incorporated (‘‘C2’’). See
                                                       11 See Notice, supra note 3, at 75696.                  18 See Notice, supra note 3, at 75697.
                                                                                                                                                                     Securities Exchange Act Release No. 65256
                                                       12 See proposed CBOE Rule 24.9(e)(3).                   19 See id.                                                                                       Continued




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                                                    3514                         Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices

                                                       The Commission believes that it is                   proposed rule change (SR–CBOE–2015–                    on the proposed rule change. The text
                                                    appropriate to approve the WEDs                         106) be, and it hereby is, approved.                   of those statements may be examined at
                                                    proposal on a pilot basis and extend the                  For the Commission, by the Division of               the places specified in Item IV below.
                                                    existing Pilot in order to allow the                    Trading and Markets, pursuant to delegated             The Exchange has prepared summaries,
                                                    Exchange to gain experience with the                    authority.27                                           set forth in sections A, B, and C below,
                                                    new WEDs and collect data concerning                    Robert W. Errett,                                      of the most significant parts of such
                                                    WEDs. The addition of WEDs would                        Deputy Secretary.                                      statements.
                                                    offer additional investment options to                  [FR Doc. 2016–01059 Filed 1–20–16; 8:45 am]
                                                    investors and may be useful for their                                                                          A. Self-Regulatory Organization’s
                                                    investment or hedging objectives. The
                                                                                                            BILLING CODE 8011–01–P                                 Statement of the Purpose of, and the
                                                    Commission believes that the proposal                                                                          Statutory Basis for, the Proposed Rule
                                                    strikes a reasonable balance between the                                                                       Change
                                                                                                            SECURITIES AND EXCHANGE
                                                    Exchange’s desire to offer a wider array                COMMISSION                                             1. Purpose
                                                    of investment opportunities and the
                                                    need to avoid unnecessary proliferation                 [Release No. 34–76901; File No. SR–                       The Exchange proposes to amend the
                                                    of options series that may burden some                  NYSEMKT–2016–03]                                       fees for NYSE MKT OpenBook,4 as set
                                                    liquidity providers and further stress                                                                         forth on the NYSE MKT Equities
                                                                                                            Self-Regulatory Organizations; NYSE                    Proprietary Market Data Fee Schedule
                                                    options quotation and transaction
                                                                                                            MKT LLC; Notice of Filing and                          (‘‘Fee Schedule’’). The Exchange
                                                    infrastructure. Further, CBOE’s
                                                                                                            Immediate Effectiveness of Proposed                    proposes to make the following fee
                                                    proposed extended Pilot period should
                                                                                                            Rule Change Amending the Fees for                      changes effective January 4, 2016:
                                                    allow for both the Exchange and the
                                                    Commission to continue to monitor the
                                                                                                            NYSE MKT OpenBook                                         • Establish a multiple data feed fee;
                                                    potential for adverse market effects of                 January 14, 2016.
                                                                                                                                                                      • Discontinue fees relating to
                                                    P.M. settlement on the market,                             Pursuant to Section 19(b)(1) 1 of the               managed non-display;
                                                    including the underlying cash equities                  Securities Exchange Act of 1934 (the                      • Modify the application of the non-
                                                    markets at the expiration of these                      ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                 professional user fee cap; and
                                                    options.                                                notice is hereby given that, on January                   • Modify fees relating to non-display
                                                       The Commission notes that CBOE will                  4, 2016, NYSE MKT LLC (the                             use.
                                                    provide the Commission with the                         ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with                  The Exchange also proposes to modify
                                                    Annual Report analyzing volume and                      the Securities and Exchange                            the application of the non-professional
                                                    open interest of EOWs, EOMs, and                        Commission (the ‘‘Commission’’) the                    fee cap, effective April 1, 2016.
                                                    WEDs, which will also contain                           proposed rule change as described in                   Multiple Data Feed Fee
                                                    information and analysis of EOWs,                       Items I, II, and III below, which Items
                                                    EOMs, and WED trading patterns and                                                                               The Exchange proposes to establish a
                                                                                                            have been prepared by the self-
                                                    index price volatility and share trading                                                                       new monthly fee, the ‘‘Multiple Data
                                                                                                            regulatory organization. The
                                                    activity for series that exceed minimum                                                                        Feed Fee,’’ that would apply to data
                                                                                                            Commission is publishing this notice to
                                                    parameters. This information should be                                                                         recipients that take a data feed for a
                                                                                                            solicit comments on the proposed rule
                                                    useful to the Commission as it evaluates                                                                       market data product in more than two
                                                                                                            change from interested persons.
                                                    whether allowing P.M. settlement for                                                                           locations. Data recipients taking NYSE
                                                    EOWs, EOMs, and WEDs has resulted in                    I. Self-Regulatory Organization’s                      MKT OpenBook in more than two
                                                    increased market and price volatility in                Statement of the Terms of Substance of                 locations would be charged $200 per
                                                    the underlying component stocks,                        the Proposed Rule Change                               additional location per month. No new
                                                    particularly at expiration. The Pilot                      The Exchange proposes to amend the                  reporting would be required.5
                                                    information should help the                             fees for NYSE MKT OpenBook to: (1)                     Managed Non-Display Fees
                                                    Commission and CBOE assess the                          Establish a multiple data feed fee; (2)
                                                    impact on the markets and determine                     discontinue fees relating to managed                     Non-Display Use of NYSE MKT
                                                    whether changes to these programs are                   non-display; (3) modify the application                market data means accessing,
                                                    necessary or appropriate. Furthermore,                  of the non-professional user fee cap; and              processing, or consuming NYSE MKT
                                                    the Exchange’s ongoing analysis of the                  (4) modify fees relating to non-display                market data delivered via direct and/or
                                                    Pilot should help it monitor any                        use. The proposed rule change is
                                                                                                                                                                      4 See Securities Exchange Act Release No. 60123
                                                    potential risks from large P.M.-settled                 available on the Exchange’s Web site at
                                                                                                                                                                   (June 17, 2009), 74 FR 30192 (June 24, 2009) (SR–
                                                    positions and take appropriate action if                www.nyse.com, at the principal office of               NYSEAmex–2009–28) (establishing NYSE MKT
                                                    warranted.                                              the Exchange, and at the Commission’s                  OpenBook). See also Securities Exchange Act
                                                                                                            Public Reference Room.                                 Release Nos. 69285 (April 3, 2013), 78 FR 21172
                                                    IV. Conclusion                                                                                                 (April 9, 2013) (SR–NYSEMKT–2013–32) (adopting
                                                      It is therefore ordered, pursuant to                  II. Self-Regulatory Organization’s                     access fees, subscriber fees, and non-display fees)
                                                    Section 19(b)(2) of the Act,26 that the                 Statement of the Purpose of, and                       (‘‘2013 Non-Display Filing’’), 72020 (Sept. 9, 2014),
                                                                                                            Statutory Basis for, the Proposed Rule                 79 FR 55040 (Sept. 15, 2014) (SR–NYSEMKT–2014–
                                                                                                                                                                   72) (amending non-display fees) (‘‘2014 Non-
                                                    (September 2, 2011), 76 FR 55969 (September 9,          Change                                                 Display Filing’’) and 73986 (Jan. 9, 2015), 80 FR
                                                    2011) (SR–C2–2011–008). The SPXPM Pilot was                In its filing with the Commission, the              1444 (Jan. 9, 2015) (SR–NYSEMKT–2014–113)
                                                    subsequently transferred from C2 to CBOE and reset                                                             (‘‘2015 NYSE MKT OpenBook Notice’’).
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                                                    to a new 12-month pilot period. See Securities          self-regulatory organization included                     5 Data vendors currently report a unique Vendor
                                                    Exchange Act Release No. 68888 (February 8, 2013),      statements concerning the purpose of,                  Account Number for each location at which they
                                                    78 FR 10668 (February 14, 2013) (SR–CBOE–2012–          and basis for, the proposed rule change                provide a data feed to a data recipient. The
                                                    120). In 2013, the Commission approved the              and discussed any comments it received                 Exchange considers each Vendor Account Number
                                                    addition of P.M.-settled mini-SPX index options to                                                             a location. For example, if a data recipient has five
                                                    the SPXPM Pilot and the pilot’s extension. See                                                                 Vendor Account Numbers, representing five
                                                                                                              27 17 CFR 200.30–3(a)(12).
                                                    Securities Exchange Act Release No. 70087 (July 31,                                                            locations, for the receipt of the NYSE MKT
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                    2013), 78 FR 47809 (August 6, 2013) (SR–CBOE–                                                                  OpenBook product, that data recipient will pay the
                                                    2013–055).                                                2 15 U.S.C. 78a.
                                                                                                                                                                   Multiple Data Feed fee with respect to three of the
                                                      26 15 U.S.C. 78s(b)(2).                                 3 17 CFR 240.19b–4.                                  five locations.



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Document Created: 2018-02-02 12:33:43
Document Modified: 2018-02-02 12:33:43
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 3512 

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