81 FR 38758 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Penny Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 114 (June 14, 2016)

Page Range		38758-38759
FR Document		2016-13962
Federal Register, Volume 81 Issue 114 (Tuesday, June 14, 2016)
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Notices]
[Pages 38758-38759]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13962]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78013; File No. SR-CBOE-2016-048]


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

June 8, 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 June 1, 2016, Chicago Board Options Exchange, Incorporated (the 
``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I and II below, which Items have been prepared by the 
Exchange. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to extend the operation of Penny Pilot 
Program through December 31, 2016. The text of the proposed rule change 
is provided below. (additions are in italics; deletions are 
[bracketed])
* * * * *

Chicago Board Options Exchange, Incorporated Rules

* * * * *

Rule 6.42. Minimum Increments for Bids and Offers

    The Board of Directors may establish minimum increments for options 
traded on the Exchange. When the Board of Directors determines to 
change the minimum increments, the Exchange will designate such change 
as a stated policy, practice, or interpretation with respect to the 
administration of Rule 6.42 within the meaning of subparagraph (3)(A) 
of subsection 19(b) of the Exchange Act and will file a rule change for 
effectiveness upon filing with the Commission. Until such time as the 
Board of Directors makes a change to the minimum increments, the 
following minimum increments shall apply to options traded on the 
Exchange:
    (1) No change.
    (2) No change.
    (3) The decimal increments for bids and offers for all series of 
the option classes participating in the Penny Pilot Program are: $0.01 
for all option series quoted below $3 (including LEAPS), and $0.05 for 
all option series $3 and above (including LEAPS). For QQQQs, IWM, and 
SPY, the minimum increment is $0.01 for all option series. The Exchange 
may replace any option class participating in the Penny Pilot Program 
that has been delisted with the next most actively-traded, multiply-
listed option class, based on national average daily volume in the 
preceding six calendar months, that is not yet included in the Pilot 
Program. Any replacement class would be added on the second trading day 
following [July 1, 2015 and January 1, 2016]July 1, 2016. The Penny 
Pilot shall expire on [June 30, 2016]December 31, 2016.
    (4) No change.
    . . . Interpretations and Policies:
    .01-.04 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 Penny Pilot Program (the ``Pilot Program'') is scheduled to 
expire on June 30, 2016. CBOE proposes to extend the Pilot Program 
until December 31, 2016. CBOE believes that extending the Pilot Program 
will allow for further analysis of the Pilot Program and a 
determination of how the Pilot Program should be structured in the 
future.
    During this extension of the Pilot Program, CBOE proposes that it 
may replace any option class that is currently included in the Pilot 
Program and that has been delisted with the next most actively traded, 
multiply listed option class that is not yet participating in the Pilot 
Program (``replacement class''). Any replacement class would be 
determined based on national average daily volume in the preceding six 
months,\5\ and would be added on the second trading day following July 
1, 2016. CBOE will employ the same parameters to prospective 
replacement classes as approved and applicable in determining the 
existing classes in the Pilot Program, including excluding high-priced 
underlying securities.\6\ CBOE will announce to its Trading Permit 
Holders by circular any replacement classes in the Pilot Program.
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    \5\ The month immediately preceding a replacement class's 
addition to the Pilot Program (i.e., June) would not be used for 
purposes of the six-month analysis. Thus, a replacement class to be 
added on the second trading day following July 1, 2016 would be 
identified based on The Option Clearing Corporation's trading volume 
data from December 1, 2015 through May 31, 2016.
    \6\ See Securities Exchange Act Release No. 60864 (October 22, 
2009), 74 FR 55876 (October 29, 2009) (SR-CBOE-2009-76).
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    CBOE is specifically authorized to act jointly with the other 
options exchanges participating in the Pilot Program in identifying any 
replacement class.

[[Page 38759]]

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.\7\ Specifically, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \8\ 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 
facilitation 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) \9\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers. In particular, the proposed 
rule change allows for an extension of the Pilot Program for the 
benefit of market participants.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
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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. Specifically, the Exchange 
believes that, by extending the expiration of the Pilot Program, the 
proposed rule change will allow for further analysis of the Pilot 
Program and a determination of how the Program shall be structured in 
the future. In doing so, the proposed rule change will also serve to 
promote regulatory clarity and consistency, thereby reducing burdens on 
the marketplace and facilitating investor protection. In addition, the 
Exchange has been authorized to act jointly in extending the Pilot 
Program and believes the other exchanges will be filing similar 
extensions.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) \11\ thereunder. 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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    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-2016-048 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2016-048. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2016-048 and should be 
submitted on or before July 5, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-13962 Filed 6-13-16; 8:45 am]
 BILLING CODE 8011-01-P
Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Notices 38759

2. Statutory Basis III. Date of Effectiveness of the Internet Web site (http://www.sec.gov/
The Exchange believes the proposed Proposed Rule Change and Timing for rules/sro.shtml). Copies of the
rule change is consistent with the Act Commission Action submission, all subsequent
and the rules and regulations The Exchange has filed the proposed amendments, all written statements
thereunder applicable to the Exchange rule change pursuant to Section with respect to the proposed rule
and, in particular, the requirements of 19(b)(3)(A) of the Act 10 and Rule 19b– change that are filed with the
Section 6(b) of the Act.7 Specifically, 4(f)(6) 11 thereunder. Because the Commission, and all written
the Exchange believes the proposed rule proposed rule change does not: (i) communications relating to the
change is consistent with the Section Significantly affect the protection of proposed rule change between the
6(b)(5) 8 requirements that the rules of investors or the public interest; (ii) Commission and any person, other than
an exchange be designed to prevent impose any significant burden on those that may be withheld from the
fraudulent and manipulative acts and competition; and (iii) become operative public in accordance with the
practices, to promote just and equitable prior to 30 days from the date on which provisions of 5 U.S.C. 552, will be
principles of trade, to foster cooperation it was filed, or such shorter time as the available for Web site viewing and
and coordination with persons engaged Commission may designate, if printing in the Commission’s Public
in regulating, clearing, settling, consistent with the protection of Reference Room, 100 F Street NE.,
processing information with respect to, investors and the public interest, the Washington, DC 20549 on official
and facilitation transactions in proposed rule change has become business days between the hours of
securities, to remove impediments to effective pursuant to Section 19(b)(3)(A) 10:00 a.m. and 3:00 p.m. Copies of the
and perfect the mechanism of a free and of the Act and Rule 19b–4(f)(6)(iii) filing also will be available for
open market and a national market thereunder. inspection and copying at the principal
system, and, in general, to protect At any time within 60 days of the office of the Exchange. All comments
investors and the public interest. filing of the proposed rule change, the received will be posted without change;
Additionally, the Exchange believes the Commission summarily may the Commission does not edit personal
proposed rule change is consistent with temporarily suspend such rule change if identifying information from
the Section 6(b)(5) 9 requirement that it appears to the Commission that such submissions. You should submit only
the rules of an exchange not be designed action is necessary or appropriate in the information that you wish to make
to permit unfair discrimination between public interest, for the protection of available publicly. All submissions
customers, issuers, brokers, or dealers. investors, or otherwise in furtherance of should refer to File Number SR–CBOE–
In particular, the proposed rule change the purposes of the Act. If the 2016–048 and should be submitted on
allows for an extension of the Pilot Commission takes such action, the or before July 5, 2016.
Program for the benefit of market Commission will institute proceedings For the Commission, by the Division of
participants. to determine whether the proposed rule Trading and Markets, pursuant to delegated
change should be approved or authority.12
B. Self-Regulatory Organization’s disapproved. Robert W. Errett,
Statement on Burden on Competition
Deputy Secretary.
CBOE does not believe that the IV. Solicitation of Comments
[FR Doc. 2016–13962 Filed 6–13–16; 8:45 am]
proposed rule change will impose any Interested persons are invited to BILLING CODE 8011–01–P
burden on competition that is not submit written data, views, and
necessary or appropriate in furtherance arguments concerning the foregoing,
of the purposes of the Act. Specifically, including whether the proposed rule SECURITIES AND EXCHANGE
the Exchange believes that, by extending change is consistent with the Act. COMMISSION
the expiration of the Pilot Program, the Comments may be submitted by any of
proposed rule change will allow for the following methods: [Release No. 34–78016; File No. SR–
NYSEArca–2015–110]
further analysis of the Pilot Program and
Electronic Comments
a determination of how the Program Self-Regulatory Organizations; NYSE
shall be structured in the future. In • Use the Commission’s Internet
comment form (http://www.sec.gov/ Arca, Inc.; Notice of Filing of
doing so, the proposed rule change will Amendment No. 6 to a Proposed Rule
also serve to promote regulatory clarity rules/sro.shtml); or
• Send an email to rule-comments@ Change To Amend NYSE Arca Equities
and consistency, thereby reducing Rule 8.600 To Adopt Generic Listing
burdens on the marketplace and sec.gov. Please include File Number SR–
CBOE–2016–048 on the subject line. Standards for Managed Fund Shares
facilitating investor protection. In
addition, the Exchange has been Paper Comments June 8, 2016.
authorized to act jointly in extending
the Pilot Program and believes the other • Send paper comments in triplicate I. Introduction
exchanges will be filing similar to Secretary, Securities and Exchange On November 6, 2015, NYSE Arca,
extensions. Commission, 100 F Street NE., Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed
Washington, DC 20549–1090. with the Securities and Exchange
C. Self-Regulatory Organization’s All submissions should refer to File Commission (‘‘Commission’’), pursuant
Statement on Comments on the Number SR–CBOE–2016–048. This file to Section 19(b)(1) of the Securities
Proposed Rule Change Received From number should be included on the Exchange Act of 1934 (‘‘Act’’) 1 and Rule
Members, Participants, or Others
srobinson on DSK5SPTVN1PROD with NOTICES

subject line if email is used. To help the 19b–4 thereunder,2 a proposed rule
The Exchange neither solicited nor Commission process and review your change to amend NYSE Arca Equities
received comments on the proposed comments more efficiently, please use Rule 8.600 by, among other things,
rule change. only one method. The Commission will adopting generic listing standards for
post all comments on the Commission’s
7 15 U.S.C. 78f(b). 12 17 CFR 200.30–3(a)(12).
8 15 U.S.C. 78f(b)(5). 10 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1).
9 Id. 11 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 19:36 Jun 13, 2016 Jkt 238001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\14JNN1.SGM 14JNN1
Document Created: 2016-06-14 02:59:14
Document Modified: 2016-06-14 02:59:14
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 38758