81_FR_43435 81 FR 43308 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change To List Options That Overlie the FTSE Developed Europe Index and the FTSE Emerging Index, To Raise the Comprehensive Surveillance Agreement Percentage Applicable to Certain Index Options, and To Amend the Maintenance Listing Criteria Applicable to Certain Index Options

81 FR 43308 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change To List Options That Overlie the FTSE Developed Europe Index and the FTSE Emerging Index, To Raise the Comprehensive Surveillance Agreement Percentage Applicable to Certain Index Options, and To Amend the Maintenance Listing Criteria Applicable to Certain Index Options

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43308-43315
FR Document2016-15716

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43308-43315]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15716]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78177; File No. SR-CBOE-2016-049]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing of a Proposed Rule Change To List 
Options That Overlie the FTSE Developed Europe Index and the FTSE 
Emerging Index, To Raise the Comprehensive Surveillance Agreement 
Percentage Applicable to Certain Index Options, and To Amend the 
Maintenance Listing Criteria Applicable to Certain Index Options

June 28, 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 15, 2016, Chicago Board Options Exchange, Incorporated 
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I, II, and III below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchanges seeks to list and trade options that overlie the FTSE 
Developed Europe Index and the FTSE Emerging Index (``FTSE Developed 
options'' and ``FTSE Emerging options''), raise the comprehensive 
surveillance agreement percentage applicable to options that overlie 
the MSCI EAFE Index and the MSCI Emerging Markets Index (``EAFE 
options'' and ``EM options''), and amend the maintenance listing 
criteria applicable to EAFE options, EM options, FTSE 100 Index options 
(``FTSE 100 options''), and FTSE China 50 Index options (``FTSE China 
50 options''). The text of the proposed rule change is provided in 
Exhibit 5.
    The text of the proposed rule change is available on the Exchange's 
Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 
at the Exchange's Office of the Secretary, and at the Commission's 
Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to permit the Exchange 
to list and trade FTSE Developed options and FTSE Emerging options, 
amend Rule 24.2.01(a)(7) to raise the comprehensive surveillance 
agreement (``CSA'') percentage applicable to EAFE options and EM 
options,\3\ and amend Rules 24.2.01(b)(1), 24.2.02(b)(1), and 
24.2.03(b)(1) to modify the maintenance listing criteria applicable to 
EAFE options, EM options, FTSE 100 options,\4\ and FTSE China 50 
options.\5\ FTSE Developed and FTSE Emerging options would be P.M., 
cash-settled contracts with European-style exercise.
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    \3\ The Securities and Exchange Commission (the ``Commission) 
approved CBOE's proposal to list and trade EAFE and EM options on 
April 8, 2015. See Securities Exchange Act Release No. 74681 (April 
8, 2015), 80 FR 20032 (April 14, 2015) (approving SR-CBOE-2015-023).
    \4\ The Securities and Exchange Commission (the ``Commission) 
approved CBOE's proposal to list and trade FTSE 100 options on 
December 11, 2015. See Securities Exchange Act Release No. 76626 
(December 11, 2015), 80 FR 78794 (December 17, 2015) (approving SR-
CBOE-2015-100).
    \5\ The Securities and Exchange Commission (the ``Commission) 
approved CBOE's proposal to list and trade FTSE China 50 options on 
December 17, 2015. See Securities Exchange Act Release No. 76676 
(December 17, 2015), 80 FR 79963 (December 23, 2015) (approving SR-
CBOE-2015-099).
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FTSE Developed Europe Index Design, Methodology and Dissemination
    The FTSE Developed Europe Index is a weighted index representing 
the performance of large- and mid-cap companies in Developed European 
markets. The index is comprised of over 500 securities from the 
following 15 countries: Austria, Belgium & Luxembourg, Denmark, 
Finland, France, Germany, Ireland, Italy, Netherlands,

[[Page 43309]]

Norway, Portugal, Spain, Sweden, Switzerland, and the United 
Kingdom.\6\
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    \6\ See FTSE Developed Europe Index fact sheet (dated May 31, 
2016) located at: http://www.ftse.com/Analytics/FactSheets/Home/DownloadSingleIssue?issueName=AWDEURS. Belgium and Luxembourg are 
listed as one country in the ``Country Breakdown.''
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    The FTSE Developed Europe Index was launched on May 31, 2000 and is 
calculated by FTSE International Limited (``FTSE''), which is a 
provider of investment support tools. The FTSE Developed Europe Index 
is calculated and published on a real-time basis in British pounds and 
U.S dollars during U.K. and U.S. trading hours: From 2:00 a.m.-10:30 
a.m. (Chicago time) the real-time index is calculated using real time 
prices of the securities. At 10:30 a.m. (Chicago time) the real-time 
index closes using the closing prices from the London Stock Exchange. 
Thus, between 10:30 a.m. and 3:15 p.m. (Chicago time) the FTSE 
Developed Europe Index level is a static value that market participants 
can access via data vendors.
    The methodology used to calculate the FTSE Developed Europe Index 
is similar to the methodology used to calculate the value of other 
benchmark market-capitalization weighted indexes. Specifically, the 
FTSE Developed Europe Index is governed by the Ground Rules for the 
FTSE Global Equity Index Series.\7\ The level of the FTSE Developed 
Europe Index reflects the free float-adjusted market value of the 
component stocks relative to a particular base date and is computed by 
dividing the total market value of the companies in the FTSE Developed 
Europe Index by the index divisor.
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    \7\ Summary and comprehensive information about the FTSE 
Developed Europe Index methodology may be reviewed at: http://www.ftse.com/products/downloads/FTSE_Global_Equity_Index_Series.pdf?840.
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    The FTSE Developed Europe Index is monitored and maintained by 
FTSE. Adjustments to the FTSE Developed Europe Index could be made on a 
daily basis with respect to corporate events and dividends. FTSE 
reviews the FTSE Developed Europe Index semi-annually (March and 
September).\8\
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    \8\ See id.
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    Real-time data is distributed at least every 15 seconds while the 
index is being calculated using FTSE's real-time calculation engine to 
Bloomberg L.P. (``Bloomberg''), Thomson Reuters (``Reuters'') and other 
major vendors. End-of-day data is distributed daily to clients through 
FTSE as well as through major quotation vendors, including Bloomberg 
and Reuters.
    The Exchange notes that FTSE Developed Europe Index futures 
contracts are listed for trading on the Chicago Mercantile Exchange 
(``CME'').\9\
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    \9\ See E-mini FTSE Developed Europe Index Futures contract 
specifications located at: http://www.cmegroup.com/trading/equity-index/international-index/e-mini-ftse-developed-europe-index_contract_specifications.html.
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FTSE Emerging Index Design, Methodology and Dissemination
    The FTSE Emerging Index is a weighted index representing the 
performance of large- and mid-cap companies in advanced and secondary 
emerging markets. The index is comprised of approximately 950 
securities from the following 22 countries: Brazil, Chile, China, 
Colombia, Czech Republic, Egypt, Greece, Hungary, India, Indonesia, 
Malaysia, Mexico, Pakistan, Peru, Philippines, Poland, Russia, South 
Africa, Taiwan, Thailand, Turkey, and United Arab Emirates.\10\
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    \10\ See FTSE Emerging Index fact sheet (dated May 31, 2016) 
located at: http://www.ftse.com/Analytics/FactSheets/Home/DownloadSingleIssue?issueName=AWALLE.
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    The FTSE Emerging Index was launched on June 30, 2000 and is also 
calculated by FTSE.
    The FTSE Emerging Index is calculated and published on a real-time 
basis in U.S. dollars during U.K. and U.S. trading hours: From 6:30 
p.m. (Chicago time) (prior day) to 3:10 p.m. (Chicago time) (next day). 
At 3:10 p.m. (Chicago time) the real-time index closes using the 
closing prices from Brazil, Chile, Peru and Mexico. Thus, between 3:10 
p.m. and 3:15 p.m. (Chicago time) the FTSE Emerging Index level is a 
static value that market participants can access via data vendors.
    The methodology used to calculate the FTSE Emerging Index is 
similar to the methodology used to calculate the value of other 
benchmark market-capitalization weighted indexes. Specifically, the 
FTSE Emerging Index is also governed by the Ground Rules for the FTSE 
Global Equity Index Series.\11\ The level of the FTSE Emerging Index 
reflects the free float-adjusted market value of the component stocks 
relative to a particular base date and is computed by dividing the 
total market value of the companies in the FTSE Emerging Index by the 
index divisor.
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    \11\ Summary and comprehensive information about the FTSE 
Emerging Index methodology may be reviewed at: http://www.ftse.com/products/downloads/FTSE_Global_Equity_Index_Series.pdf?840.
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    The FTSE Emerging Index is monitored and maintained by FTSE. 
Adjustments to the FTSE Emerging Index could be made on a daily basis 
with respect to corporate events and dividends. FTSE reviews the FTSE 
Emerging Index semi-annually (March and September).\12\
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    \12\ See id.
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    Real-time data is distributed at least every 15 seconds while the 
index is being calculated using FTSE's real-time calculation engine to 
Bloomberg, Reuters and other major vendors. End-of-day data is 
distributed daily to clients through FTSE as well as through major 
quotation vendors, including Bloomberg and Reuters.
    The Exchange notes that FTSE Emerging Index futures contracts are 
listed for trading on CME.\13\
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    \13\ See E-mini FTSE Emerging Index Futures contract 
specifications located at: http://www.cmegroup.com/trading/equity-index/international-index/e-mini-ftse-emerging-index_contract_specifications.html.
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Initial and Maintenance Listing Criteria
    The FTSE Developed Europe Index and the FTSE Emerging Index each 
meet the definition of a broad-based index as set forth in Rule 
24.1(i)(1).\14\ In addition, the Exchange proposes to apply the initial 
and maintenance listing criteria currently only applicable to EAFE and 
EM options to FTSE Developed and FTSE Emerging options. Specifically, 
the Exchange proposes to amend Interpretation and Policy .01(a) to Rule 
24.2, Designation of the Index, to provide that the Exchange may trade 
FTSE Developed and FTSE Emerging options if each of the following 
conditions is satisfied: (1) The index is broad-based, as defined in 
Rule 24.1(i)(1); (2) Options on the index are designated as P.M.-
settled index options; (3) The index is capitalization-weighted, price-
weighted, modified capitalization-weighted or equal dollar-weighted; 
(4) The index consists of 500 or more component securities; (5) All of 
the component securities of the index will have a market capitalization 
of greater than $100 million; (6) No single component security accounts 
for more than fifteen percent (15%) of the weight of the index, and the 
five highest weighted component securities in the index do not, in the 
aggregate, account for more than fifty percent (50%) of the weight of 
the index; (7) Non-U.S. component securities (stocks or American 
Depositary Receipts (``ADRs'')) that are not subject to CSAs do not, in 
the aggregate, represent more than fifty percent (50%) of the weight of 
the FTSE Developed Europe Index or the FTSE Emerging Index;\15\ (8) 
During

[[Page 43310]]

the time options on the index are traded on the Exchange, the current 
index value is widely disseminated at least once every fifteen (15) 
seconds by one or more major market data vendors. However, the Exchange 
may continue to trade FTSE Developed and FTSE Emerging options after 
trading in all component securities has closed for the day and the 
index level is no longer widely disseminated at least once every 
fifteen (15) seconds by one or more major market data vendors, provided 
that FTSE Developed Europe Index futures or FTSE Emerging Index futures 
contracts are trading and prices for those contracts may be used as a 
proxy for the current index value; (9) The Exchange reasonably believes 
it has adequate system capacity to support the trading of options on 
the index, based on a calculation of the Exchange's current Independent 
System Capacity Advisor (ISCA) allocation and the number of new 
messages per second expected to be generated by options on such index; 
and (10) The Exchange has written surveillance procedures in place with 
respect to surveillance of trading of options on the index.
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    \14\ Rule 24.1(i)(1) defines a broad-based index to mean an 
index designed to be representative of a stock market as a whole or 
of a range of companies in unrelated industries.
    \15\ Other than proposed listing criteria 7 of Rule 24.2.01(a) 
and maintenance listing criteria 1 of Rule 24.2.01(b), the Exchange 
is proposing to adopt the same listing criteria for FTSE Developed 
and FTSE Emerging options that are currently applicable to EAFE and 
EM options. See infra text on ``MSCI EAFE and EM Indexes'' for the 
discussion on raising the CSA percentage for EAFE and EM options and 
text on ``Maintenance Listing Criteria'' amending maintenance 
listing criteria for EAFE, EM, FTSE 100 and FTSE China 50 options.
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    Additionally, pursuant to Interpretation and Policy .01(b) to Rule 
24.2, the Exchange is proposing the following maintenance listing 
standards for FTSE Developed and FTSE Emerging options: (1) The 
conditions set forth in subparagraphs .01(a) (1), (2), (3), (4), (8), 
(9) and (10) must continue to be satisfied. The conditions set forth in 
subparagraphs .01(a)(5), (6), and (7) must be satisfied only as of the 
first day of January and July in each year; and (2) The total number of 
component securities in the index may not increase or decrease by more 
than thirty-five percent (35%) from the number of component securities 
in the index at the time of its initial listing. In the event a class 
of index options listed on the Exchange fails to satisfy the 
maintenance listing standards set forth herein, the Exchange shall not 
open for trading any additional series of options of that class unless 
the continued listing of that class of index options has been approved 
by the Commission under Section 19(b)(2) of the Securities Exchange Act 
of 1934 (the ``Act'').
    The Exchange believes that P.M. settlement is appropriate for FTSE 
Developed and FTSE Emerging options due to the nature of these indexes 
that encompass multiple markets around the world. As to the FTSE 
Developed Europe Index, the components open with the start of trading 
in certain parts of Europe at approximately 2:00 a.m. (Chicago time) 
and close with the end of trading in Europe at approximately 10:30 a.m. 
(Chicago time) as closing prices from Ireland are accounted for in the 
closing calculation. The closing FTSE Developed Europe Index is 
distributed by FTSE between approximately 10:30 a.m. and 1:00 p.m. 
(Chicago time) each trading day.
    As a result, there will not be a current FTSE Developed Europe 
Index level calculated and disseminated during a portion of the time 
during which FTSE Developed options would be traded (from approximately 
10:30 a.m. (Chicago time) to 3:15 p.m. (Chicago time)). However, the 
FTSE Developed Europe Index futures contract trades on CME during this 
time period.\16\ The Exchange believes that the FTSE Developed Europe 
Index futures prices may be a proxy for the current FTSE Developed 
Europe Index level. Therefore, the Exchange believes that FTSE 
Developed options should be permitted to trade after trading in all 
component securities has closed for the day and the index level is no 
longer widely disseminated at least once every fifteen (15) seconds by 
one or more major market data vendors, provided that FTSE Developed 
Europe Index futures contracts are trading and prices for those 
contracts may be used as a proxy for the current index value.
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    \16\ The trading hours for E-mini FTSE Developed Europe Index 
futures are from 5:00 p.m. (Chicago time) (prior day) to 4:00 p.m. 
(Chicago time) (next day), Sunday through Friday. See E-mini FTSE 
Developed Europe Index Futures contract specifications located at: 
http://www.cmegroup.com/trading/equity-index/international-index/e-mini-ftse-developed-europe-index_contract_specifications.html.
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    As to the FTSE Emerging Index, the components open with the start 
of trading in certain parts of Asia at approximately 6:30 p.m. (Chicago 
time) (prior day) and close with the end of trading in Mexico and Peru 
at approximately 3:10 p.m. (Chicago time) (next day) as closing prices 
from Brazil, Chile, Peru and Mexico, including late prices, are 
accounted for in the closing calculation. The closing FTSE Emerging 
Index level is distributed at approximately 3:10 p.m. (Chicago time) 
each trading day.
    As a result, there will not be a current FTSE Emerging Index level 
calculated and disseminated during a portion of the time during which 
FTSE Emerging options would be traded (from approximately 3:10 p.m. 
(Chicago time) to 3:15 p.m. (Chicago time)). However, the FTSE Emerging 
Index futures contract trades on CME during this time period.\17\ The 
Exchange believes that the FTSE Emerging Index futures prices may be a 
proxy for the current FTSE Emerging Index level. Therefore, the 
Exchange believes that FTSE Emerging options should be permitted to 
trade after trading in all component securities has closed for the day 
and the index level is no longer widely disseminated at least once 
every fifteen (15) seconds by one or more major market data vendors, 
provided that FTSE Emerging Index futures contracts are trading and 
prices for those contracts may be used as a proxy for the current index 
value.
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    \17\ The trading hours for E-mini FTSE Emerging Index futures 
are from 5:00 p.m. (Chicago time) (prior day) to 4:00 p.m. (Chicago 
time) (next day), Sunday through Friday. See E-mini FTSE Emerging 
Index Futures contract specifications located at: http://www.cmegroup.com/trading/equity-index/international-index/e-mini-ftse-emerging-index_contract_specifications.html.
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    Because the FTSE Developed Europe Index and FTSE Emerging Index 
each has a large number of component securities and is representative 
of many countries, similar to other broad-based indexes, the Exchange 
believes that the initial listing requirements are appropriate to trade 
options on this index. In addition, similar to other broad-based 
indexes, the Exchange proposes various maintenance requirements, which 
require continual and periodic compliance.
Options Trading
    Generally, the proposed trading rules for FTSE Developed and FTSE 
Emerging options would be the same except for their respective trading 
hours, which the Exchange will describe separately below. Exhibit 3 
presents contract specifications for FTSE Developed and FTSE Emerging 
options.
    The contract multiplier for FTSE Developed and FTSE Emerging 
options would be $100. FTSE Developed and FTSE Emerging options would 
be quoted in index points, and one point would equal $100. The minimum 
tick size for series trading below $3 would be 0.05 ($5.00) and at or 
above $3 will be 0.10 ($10.00).
    Initially, the Exchange would list in-, at- and out-of-the-money 
strike prices. Additional series may be opened for trading as the 
underlying index level moves up or down.\18\ The minimum

[[Page 43311]]

strike price interval for FTSE Developed and FTSE Emerging options 
series would be 2.5 points if the strike price is less than 200. When 
the strike price is 200 or above, strike price intervals would be no 
less than 5 points.\19\ New series would be permitted to be added up to 
the fifth business day prior to expiration.\20\
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    \18\ See Rules 24.9(a), 24.9.01 and 24.9.04. These rules set 
forth the criteria for listing additional series of the same class 
as the current value of the underlying index moves. Generally, 
additional series must be ``reasonably related'' to the current 
index value, which means that strike prices must be within 30% of 
the current index value. Series exceeding the 30% range may be 
listed based on demonstrated customer interest.
    \19\ See proposed amendments to Rule 24.9.01(a) adding FTSE 
Developed and FTSE Emerging options as classes eligible for 2.5 
point minimum strikes if the strike price is below 200.
    \20\ See Rule 24.9.01(c).
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    The Exchange would be permitted to list up to twelve near-term 
expiration months.\21\ The Exchange would also be permitted to list up 
to ten expirations in Long-Term Index Option Series (``LEAPS'') \22\ on 
the FTSE Developed Europe Index and the FTSE Emerging Index and those 
indexes would be eligible for all other expirations permitted for other 
broad-based indexes, e.g., End of Week/End of Month/Wednesday 
Expirations, Short Term Option Series and Quarterly Option Series.\23\
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    \21\ See proposed amendments to Rule 24.9(a)(2). The Exchange is 
proposing to allow the listing of up to twelve expiration months at 
any one time for FTSE Developed and FTSE Emerging options.
    \22\ See, e.g., Rule 24.9(b) (LEAPS). The Exchange may list 
LEAPS that expire from 12 to 180 months from the date of issuance; 
however, as noted in Exhibit 3, the Exchange is limiting FTSE 
Developed and FTSE Emerging LEAPS to expirations between 12 and 60 
months. The Exchange may determine to list LEAPS that expire between 
60 and 180 months at a later date without a rule filing.
    \23\ See, e.g., Rules 24.9(e) (End of Week/End of Month/
Wednesday Expirations), 24.9(a)(2)(A) (Short Term Option Series) and 
24.9(a)(2)(B) (Quarterly Option Series).
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    The trading hours for FTSE Developed options would be from 8:30 
a.m. (Chicago time) to 3:15 p.m. (Chicago time), except that trading in 
expiring FTSE Developed options would end upon the close of the London 
Stock Exchange (usually 10:30 a.m. Chicago time) \24\ on their 
expiration date (usually a Friday). The Exchange is proposing that FTSE 
Developed options trade only during a portion of the day on their 
expiration date to align the trading hours of expiring FTSE Developed 
options with expiring FTSE Developed Europe Index futures. FTSE 
Developed Europe Index futures trade on CME and stop trading at 10:30 
a.m. (Chicago time) on the third Friday of the futures contract 
month.\25\
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    \24\ For example, Daylight Saving Time began in Chicago on March 
13, 2016, and in London on March 27, 2016. If an expiration were to 
occur after Daylight Savings was observed in Chicago but prior to 
observance in London, trading in expiring FTSE Developed options 
would end at 11:30 a.m. (Chicago time). FTSE Emerging options are 
not affected by Daylight Savings as trading in expiring FTSE 
Emerging options ends at 3:15 p.m. (Chicago Time).
    \25\ See CME Rule 39002.G, available at: http://www.cmegroup.com/rulebook/CME/IV/350/390.pdf.
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    The trading hours for FTSE Emerging options would be from 8:30 a.m. 
to 3:15 p.m. (Chicago time). The trading in expiring FTSE Emerging 
options would also end at 3:15 p.m. (Chicago time) on their expiration 
date (usually a Friday).
Exercise and Settlement
    The proposed FTSE Developed and FTSE Emerging options would expire 
on the third Friday of the expiring month. Trading in expiring FTSE 
Developed options would cease upon the close of the London Stock 
Exchange (usually 10:30 a.m. Chicago time) on their expiration date 
(usually a Friday) and trading in expiring FTSE Emerging options would 
cease at 3:15 p.m. (Chicago time) on their expiration date (usually a 
Friday). When the last trading day/expiration date is moved because of 
an Exchange holiday or closure, the last trading day/expiration date 
for expiring options would be the immediately preceding business day.
    Exercise would result in delivery of cash on the business day 
following expiration. FTSE Developed and FTSE Emerging options would be 
P.M.-settled. The exercise settlement value would be the official 
closing values of the FTSE Developed Europe Index and the FTSE Emerging 
Index as reported by FTSE on the last trading day of the expiring 
contract.\26\
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    \26\ See proposed amendment to Rule 24.1.01 to identify FTSE 
International Limited as the Reporting Authority for the FTSE 
Developed Europe Index and the FTSE Emerging Index. As the 
designated Reporting Authority for each of these indexes, the 
disclaimers set forth in Rule 24.14 (Disclaimers) would apply to 
FTSE International Limited.
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    The exercise settlement amount would be equal to the difference 
between the exercise-settlement value and the exercise price of the 
option, multiplied by the contract multiplier ($100).
    If the exercise settlement value is not available or the normal 
settlement procedure cannot be utilized due to a trading disruption or 
other unusual circumstance, the settlement value would be determined in 
accordance with the rules and bylaws of The Options Clearing 
Corporation (``OCC'').\27\
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    \27\ See Rule 24.7.
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Position and Exercise Limits
    The Exchange proposes to apply the default position limits for 
broad-based index options to FTSE Developed and FTSE Emerging options. 
Specifically, the chart set forth in Rule 24.4(a), Position Limits for 
Broad-Based Index Options, provides that the positions limits 
applicable to ``other broad-based indexes'' is 25,000 contracts 
(standard limit/on the same side of the market) and 15,000 contracts 
(near-term limit). Pursuant to Rule 24.5, Exercise Limits, the exercise 
limits for FTSE Developed and FTSE Emerging options would be equivalent 
to the near-term position limits for FTSE Developed and FTSE Emerging 
options. These same position and exercise limits would apply to FLEX 
trading. All position limit hedge exemptions would apply.
Margin
    The Exchange proposes that FTSE Developed and FTSE Emerging options 
be margined as ``broad-based index'' options, and under CBOE rules, 
especially Rule 12.3(c)(5)(A), the margin requirement for a short put 
or call shall be 100% of the current market value of the contract plus 
15% of the product of the current index group value and the applicable 
index multiplier, reduced by any out-of-the-money amount. There would 
be a minimum margin requirement of 100% of the current market value of 
the contract plus: 10% of the aggregate put exercise price amount in 
the case of puts, and 10% of the product of the current index group 
value and the applicable index multiplier in the case of calls. 
Additional margin may be required pursuant to Rules 12.3(h) and 12.10 
(Margin Required is Minimum).
    The Exchange believes that FTSE Developed and FTSE Emerging options 
are eligible products for portfolio margining under CBOE Rule 12.4. 
Accordingly, the Exchange proposes that FTSE Developed and FTSE 
Emerging options be allowed in portfolio margin accounts. CBOE proposes 
that the FTSE Developed Europe Index be treated as a high-
capitalization, broad-based index to be housed in the European Market 
Product Group. The market moves utilized for the European Markets 
Product Group is -8%/+6%, with a 100% offset of gains and losses 
between products in the same Class Group and an 85% offset with the 
other classes contained in the Product Group.\28\
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    \28\ A table detailing the currently existing portfolio 
margining Product Groups and their component class groups can be 
found at http://www.optionsclearing.com/components/docs/risk-management/cpm/cpm_parameters.pdf.
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    CBOE proposes that the FTSE Emerging Index be treated as a non-
high-capitalization, broad-based index to be housed in the Emerging 
Markets Indexes Product Group. The market

[[Page 43312]]

moves utilized for the Emerging Markets Indexes Product Groups are +/-
10%, with a 100% offset of gains and losses between products in the 
same Class Group and an 85% offset with the other classes contained in 
the Product Group.
Exchange Rules Applicable
    Except as modified herein, the rules in Chapters I through XIX, 
XXIV, XXIVA, and XXIVB would equally apply to FTSE Developed and FTSE 
Emerging options. FTSE Developed and FTSE Emerging options would be 
subject to the same rules that currently govern other CBOE index 
options, including sales practice rules,\29\ margin requirements \30\ 
and trading rules.\31\
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    \29\ See Chapter IX (Doing Business with the Public).
    \30\ See Chapter XII (Margins).
    \31\ See, e.g., Chapters IV (Business Conduct), VI (Doing 
Business on the Trading Floor), VIII (Market-Makers, Trading Crowds 
and Modified Trading Systems) and XXIV (Index Options).
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    The Exchange hereby designates FTSE Developed and FTSE Emerging 
options as eligible for trading as Flexible Exchange Options as 
provided for in Chapters XXIVA (Flexible Exchange Options) and XXIVB 
(FLEX Hybrid Trading System).\32\
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    \32\ See proposed amendments to Rules 24A.7, Position Limits and 
Reporting Requirements, and 24B.7, Position Limits and Reporting 
Requirements, providing that the position limits for FLEX Index 
options on the FTSE Developed Europe Index and on the FTSE Emerging 
Index would be equal to the position limits for Non-FLEX options on 
those indexes. Per existing Rules 24A.8, Exercise Limits, and 24B.8, 
Exercise Limits, the exercise limits for FLEX FTSE Developed and 
FTSE Emerging option would be equivalent to the position limits for 
FLEX FTSE Developed and FTSE Emerging options.
---------------------------------------------------------------------------

Surveillance and Capacity
    The Exchange represents that it has an adequate surveillance 
program in place for FTSE Developed and FTSE Emerging options and 
intends to use the same surveillance procedures currently utilized for 
each of the Exchange's other index options to monitor trading in FTSE 
Developed and FTSE Emerging options.
    The Exchange is a member of the Intermarket Surveillance Group 
(``ISG''), which ``covers major self-regulatory bodies across the 
world.'' ``The purpose of the ISG is to provide a framework for the 
sharing of information and the coordination of regulatory efforts among 
exchanges trading securities and related products to address potential 
intermarket manipulations and trading abuses. The ISG plays a crucial 
role in information sharing among markets that trade securities, 
options on securities, security futures products, and futures and 
options on broad-based security indexes.'' A list identifying the 
current ISG members is available at: https://www.isgportal.org/home.html.
    The Exchange is also an affiliate member of the International 
Organization of Securities Commissions (``IOSCO''), which has members 
from over 100 different countries.\33\ A list identifying the current 
ordinary IOSCO members is available at: http://www.iosco.org/about/?subsection=membership&memid=1. Finally, the Exchange has entered into 
CSAs with various stock exchanges.\34\
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    \33\ There are three categories of IOSCO members: Ordinary, 
associate and affiliate. In general, the ordinary members (125) are 
the national securities commissions in their respective 
jurisdictions. Associate members (18) are usually agencies or 
branches of government, other than the principal national securities 
regulator in their respective jurisdictions that have some 
regulatory competence over securities markets, or intergovernmental 
international organizations and other international standard-setting 
bodies, such as the IMF and the World Bank, with a mission related 
to either the development or the regulation of securities markets. 
Affiliate members (64) are self-regulatory organizations, stock 
exchanges, financial market infrastructures, investor protection 
funds and compensation funds, and other bodies with an appropriate 
interest in securities regulation. See IOSCO Fact Sheet located at: 
http://www.iosco.org/about/pdf/IOSCO-Fact-Sheet.pdf.
    \34\ CSAs can be in the form of Memoranda of Understanding 
(``MOUs'') or information sharing agreements.
---------------------------------------------------------------------------

    The FTSE Developed Europe Index is a broad-based index of which the 
component securities have a market capitalization of 7,073,781 (EUR 
Millions) and an average market capitalization per constituent of 
13,397 (EUR Millions). Additionally, the component stocks have an 
average daily volume of over 2.8 billion with an average daily volume 
per constituent of over 5 million. Also, the largest constituent in the 
FTSE Developed Europe Index currently only accounts for 2.89% of the 
weight of the FTSE Developed Europe Index.
    The FTSE Emerging Index is also a broad-based index of which the 
component securities have a market capitalization of 3,033,757 (USD 
Millions) and an average market capitalization per constituent of 3,118 
(USD Millions). Additionally, the component stocks have an average 
daily volume of over 25 billion with an average daily volume per 
constituent of over 29 million. Also, the largest constituent in the 
FTSE Emerging Index currently only accounts for 3.93% of the weight of 
the FTSE Emerging Index.
    Given the capitalization of the FTSE Developed Europe and FTSE 
Emerging Indexes and the deep and liquid markets for the securities 
underlying these Indexes, the concerns for market manipulation and/or 
disruption in the underlying markets are greatly reduced.
    CBOE has analyzed its capacity and represents that it believes the 
Exchange and the Options Price Reporting Authority (``OPRA'') have the 
necessary systems capacity to handle the additional traffic associated 
with the listing of new series that would result from the introduction 
of FTSE Developed and FTSE Emerging options. Because the proposal is 
limited to two new classes, the Exchange believes that the additional 
traffic that would be generated from the introduction of FTSE Developed 
and FTSE Emerging options would be manageable.
MSCI EAFE and EM Indexes
    On April 8, 2015, the Commission approved CBOE's proposal to list 
and trade options on the MSCI EAFE Index (``EAFE Index'') and the MSCI 
Emerging Markets Index (``EM Index'').\35\ On March 8, 2016, the 
Commission approved CBOE's proposal to amend Rule 24.2.01(a)(7) to 
raise the CSA percentage for the EAFE and EM Indexes by five percent 
(5%).\36\ Pursuant to SR-CBOE-2016-016, Rule 24.2.01(a)(7) currently 
states that Non-U.S. component securities (stocks or ADRs) that are not 
subject to CSAs do not, in the aggregate, represent more than: (i) 
Twenty-five percent (25%) of the weight of the EAFE Index, and (ii) 
twenty-seven and a half percent (27.5%) of the weight of the EM Index. 
Because both the EAFE and EM Indexes are broad-based indexes, the 
component securities of the indexes have high market capitalizations, 
the indexes are comprised of over 500 constituents, and no single 
component comprises more than 5% of the weight of either index, all of 
which makes the indexes not easily subject to market manipulation, the 
Exchange proposes to amend Rule 24.2.01(a)(7) to raise the CSA 
percentage for the EAFE and EM Indexes to fifty percent (50%).\37\
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    \35\ See Securities Exchange Act Release No. 74681 (April 8, 
2015), 80 FR 20032 (April 14, 2015) (approving SR-CBOE-2015-023).
    \36\ See Securities Exchange Act Release No. 77319 (March 8, 
2016), 81 FR 13429 (March 14, 2016) (approving SR-CBOE-2016-016).
    \37\ The Exchange is proposing to make this CSA percentage 
applicable to FTSE Developed and FTSE Emerging options because both 
the FTSE Developed Europe and FTSE Emerging Indexes are broad-based 
indexes, the component securities of the indexes have high market 
capitalizations, the indexes are comprised of over 500 constituents, 
and no single component comprises more than 5% of the weight of 
either index, which makes the indexes not easily susceptible to 
manipulation.
---------------------------------------------------------------------------

    The EAFE Index consists of the following 21 developed market 
countries: Australia, Austria, Belgium, Denmark, Finland, France, 
Germany, Hong Kong, Ireland, Israel, Italy, Japan, the Netherlands, New 
Zealand, Norway,

[[Page 43313]]

Portugal, Singapore, Spain, Sweden, Switzerland, and the United 
Kingdom. The EAFE Index consists of large- and mid-cap components, has 
925 constituents and ``covers approximately 85% of the free float-
adjusted market capitalization in each country.'' \38\ Furthermore, the 
EAFE Index is a broad-based index of which the component securities 
have a market capitalization of 12,021,032.52 (USD Millions) and an 
average market capitalization per constituent of 12,995.71 (USD 
Millions). Additionally, the component stocks have an average daily 
volume of over 5 billion with an average daily volume per constituent 
of over 5 million. Also, the largest constituent in the EAFE Index 
currently accounts for less than 2% of the weight of the EAFE Index.
---------------------------------------------------------------------------

    \38\ See EAFE Index fact sheet (dated May 31, 2016) located at: 
http://www.msci.com/resources/factsheets/index_fact_sheet/msci-eafe-index-usd-price.pdf.
---------------------------------------------------------------------------

    The EM Index consists of the following 23 emerging market country 
indexes [sic]: Brazil, Chile, China, Colombia, Czech Republic, Egypt, 
Greece, Hungary, India, Indonesia, Korea, Malaysia, Mexico, Peru, 
Philippines, Poland, Qatar, Russia, South Africa, Taiwan, Thailand, 
Turkey and United Arab Emirates. The EM Index consists of large- and 
mid-cap components, has 837 constituents and ``covers approximately 85% 
of the free float-adjusted market capitalization in each country.'' 
\39\ Furthermore, the EM Index is a broad-based index of which the 
component securities have a market capitalization of 3,506,908.00 (USD 
Millions) and an average market capitalization per constituent of 
4,189.85 (USD Millions). Additionally, the component stocks have an 
average daily volume of over 25 billion with an average daily volume 
per constituent of over 30 million. Also, the largest constituent in 
the EM Index currently accounts for less than 3.5% of the weight of the 
EM Index.
---------------------------------------------------------------------------

    \39\ See EM Index fact sheet (dated May 31, 2016) located at: 
http://www.msci.com/resources/factsheets/index_fact_sheet/msci-emerging-markets-index-usd-price.pdf.
---------------------------------------------------------------------------

    Given the high number of constituents and capitalization of the 
EAFE and EM Indexes and the deep and liquid markets for the securities 
underlying these indexes, the concerns for market manipulation and/or 
disruption in the underlying markets are greatly reduced. Additionally, 
the Exchange represents that raising the CSA percentage will not have 
an adverse impact on the Exchange's surveillance program. The Exchange 
represents that it will still have an adequate surveillance program in 
place for EAFE and EM options and will continue to use the same 
surveillance procedures currently utilized for each of the Exchange's 
other index options to monitor trading in EAFE and EM options.
    The Exchange notes that equity exchanges are not required to have 
any CSAs in place to list ETFs that seek to track the EAFE, EM, FTSE 
Developed, and FTSE Emerging Indexes.\40\ Additionally, CBOE is not 
required to have any CSAs in place to list and trade options on an ETF 
that seeks to track these indexes as long as the ETF is listed in 
accordance with an equity exchange's generic listing criteria under 
which CSAs are not required.\41\ Finally, futures exchanges are 
similarly not required to have any CSAs in place to list futures on the 
EAFE, EM, FTSE Developed and FTSE Emerging Indexes.\42\
---------------------------------------------------------------------------

    \40\ See e.g., NYSE MKT Rule 1000 Commentary .03(a)(B); NYSE 
Arca Equities Rule 5.2(j)(3) Commentary .01(a)(B); NASDAQ Rule 
5705(a)(3)(A)(ii); and BATS Rule 14.11(b)(3)(A)(ii).
    \41\ See Rule 5.3.06(C)(i).
    \42\ See, e.g., CME Rulebook Chapters 390--E-mini FTSE Developed 
Europe Index Futures and 391--E-mini FTSE Emerging Index Futures; 
and ICE Futures Chapters 40--MSCI EAFE Mini Index Futures and 41--
MSCI Emerging Markets Mini Index Futures.
---------------------------------------------------------------------------

Maintenance Listing Criteria
    The Exchange is seeking to amend Rules 24.2.01(b)(1), 
24.2.02(b)(1), and 24.2.03(b)(1) to modify the maintenance listing 
criteria applicable to EAFE options, EM options, FTSE 100 options, and 
FTSE China 50 options. Currently, Rules 24.2.01(b)(1), 24.2.02(b)(1), 
and 24.2.03(b)(1) state, as applicable, that the listing criteria set 
forth in subparagraphs .01(a)(5) and (6), .02(a)(5) and (6), and 
.03(a)(5) and (6) to Rule 24.2 (``listing criteria 5 and 6'') \43\ need 
only be met as of the first day of January and July in each year. The 
Exchange is seeking to amend Rules 24.2.01(b)(1), 24.2.02(b)(1), and 
24.2.03(b)(1) \44\ to specify that listing criteria set forth in 
subparagraphs .01(a)(7), .02(a)(7), and .03(a)(7) to Rule 24.2 
(``listing criteria 7'') \45\ need also only be met as of the first of 
January and July in each year. The Exchange is not seeking to amend the 
frequency with which listing criteria 5 and 6 are reviewed; rather, the 
Exchange is seeking to specify the frequency with which the listing 
criteria 7 is reviewed. The substantive analysis involved in reviewing 
listing criteria 5, 6, and 7 is similar. Each review involves an 
analysis of the market capitalization of individual components and 
resulting changes to the weights those individual components contribute 
to indexes; thus, it's appropriate to review those criteria at the same 
time.
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    \43\ Listing criteria 5 provides that all of the component 
securities of the index will have a market capitalization of greater 
than $100 million. Listing criteria 6 provides that no single 
component security accounts for more than fifteen percent (15%) of 
the weight of the index, and the five highest weighted component 
securities in the index do not, in the aggregate, account for more 
than fifty percent (50%) of the weight of the index.
    \44\ Current Rule 24.2.03(b) and (b)(1) mistakenly references 
paragraph .02(a), instead of .03(a); thus, the Exchange is also 
amending Rule 24.2.03(b) to correct the technical error.
    \45\ Listing criteria 7 generally provides that non-U.S. 
component securities (stocks or American Depositary Receipts 
(``ADRs'')) that are not subject to CSAs do not, in the aggregate, 
represent more than a certain percent of the weight of the 
applicable index. As previously noted, this proposal seeks to amend 
the listing criteria 7 applicable to EAFE and EM options and apply 
that same percentage to FTSE Developed and FTSE Emerging options. 
This proposal does not seek to amend the listing criteria 7 
applicable to FTSE 100 and FTSE China 50 options; however, as noted 
above, this proposal does seek to amend the maintenance listing 
criteria for EAFE, EM, FTSE 100, and FTSE China 50 options.
---------------------------------------------------------------------------

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.\46\ Specifically, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \47\ requirements that the rules 
of an exchange be designed to promote just and equitable principles of 
trade, to prevent fraudulent and manipulative acts, to remove 
impediments to and to perfect the mechanism for a free and open market 
and a national market system, and, in general, to protect investors and 
the public interest.
---------------------------------------------------------------------------

    \46\ 15 U.S.C. 78f(b).
    \47\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will further 
the Exchange's goal of introducing new and innovative products to the 
marketplace. Currently, the Exchange believes that there is unmet 
market demand for exchange-listed security options listed on these two 
popular cash indexes. FTSE Developed Europe and FTSE Emerging Index 
futures are listed for trading on CME. As a result, CBOE believes that 
FTSE Developed and FTSE Emerging options are designed to provide 
different and additional opportunities for investors to hedge or 
speculate on the market risk associated with the FTSE Developed and 
FTSE Emerging Indexes by listing an option directly on these indexes.
    The Exchange believes that both the FTSE Developed Europe Index and 
FTSE Emerging Index are not easily susceptible to manipulation. Both 
indexes are broad-based indexes and

[[Page 43314]]

have high market capitalizations. The FTSE Developed Europe Index is 
comprised of 528 component stocks, the component stocks have a market 
capitalization 7,073,781 (EUR Millions) and average daily volume of 
over 2.8 billion, and no single component comprises more than 5% of the 
index, making it not easily subject to market manipulation. Similarly, 
the FTSE Emerging Index is comprised of 973 components stocks, the 
component stocks have a market capitalization of 3,033,757 (USD 
Millions) and average daily volume of over 25 billion, and no single 
component comprises more than 5% of the index, making it not easily 
subject to market manipulation. Due to both indexes having a large 
number of component securities, high market capitalization, and being 
representative of many countries, similar to other broad-based indexes, 
the Exchange believes that the initial listing requirements are 
appropriate to trade options on these indexes. In addition, similar to 
other broad-based indexes, the Exchange proposes to adopt various 
maintenance criteria, which would require continual compliance and 
periodic compliance.
    With regards to the CSA percentage applicable to FTSE Developed and 
FTSE Emerging options in particular, the purpose of a CSA is to allow 
the Exchange to investigate manipulation if it were to occur on an 
exchange at which one of the component securities trades. However, as 
described above, the FTSE Developed Europe and FTSE Emerging Indexes 
are unlikely to be susceptible to manipulation; thus, requiring fifty 
(50%) of the component securities to be subject to CSAs for the FTSE 
Developed Europe and the FTSE Emerging Indexes is unlikely to affect 
the Exchange's ability to investigate manipulation. Additionally, the 
Commission is in the best position to investigate potential 
manipulation occurring on foreign exchanges because the Commission has 
bilateral and multilateral information sharing agreements with foreign 
regulators in countries all over the world; \48\ thus, whether the 
Exchange receives information pursuant to a CSA or not, the Exchange 
can refer potential manipulation cases to the Commission. The Exchange 
notes that it is the practice today to refer cases to the Commission 
when the Exchange does not have jurisdiction over the potentially 
offending market participants, and the Exchange is unlikely to have 
jurisdiction over a market participant potentially manipulating markets 
on a foreign exchange. In addition, it is more than likely that market 
participants trading on foreign exchanges are subject to anti-
manipulation laws in those jurisdictions,\49\ which further limits the 
likelihood that these indexes will be manipulated.
---------------------------------------------------------------------------

    \48\ For example, the Commission's own Web site specifically 
identifies the multilateral memorandum of understanding created by 
the International organization of Securities Commissions, whereby 
the signatories, including the Commission, agreed: To provide 
certain critical information, to permit use of that information in 
civil or administrative proceedings, to onward share information 
with self-regulatory organizations and criminal authorities, and to 
keep such information confidential. In particular, the MMOU provides 
for the following: Sharing information and documents held in the 
regulators' files; obtaining information and documents regarding 
transactions in bank and brokerage accounts, and the beneficial 
owners of such accounts; and taking or compelling a person's 
statement or, where permissible, a person's testimony. The MMOU has 
significantly enhanced the SEC's enforcement program by increasing 
and expediting the SEC's ability to obtain information from a 
growing number of jurisdictions worldwide. See SEC's Cooperative 
Arrangements with Foreign Regulators Factsheet, available at: 
https://www.sec.gov/about/offices/oia/oia_coopfactsheet.htm. A list 
of the current signatories to the IOSCO multilateral memorandum of 
understanding is available at: https://www. iosco.org/about/?subSection=mmou&subSection 1=signatories. A list of the 
Commission's Cooperative Arrangements with Foreign Regulators is 
available at: https://www.sec.gov/about/offices/oia/oia_cooparrangements.shtml.
    \49\ See, e.g., Article 5 of European Union Directive 2003/6/EC 
(stating that member states shall prohibit any person from engaging 
in market manipulation), available at: http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32003L0006; Article 15 of European 
Union Regulation 596/2014, which replaces Directive 2003/6/EC 
(stating that a person shall not engage in or attempt to engage in 
market manipulation); available at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014R0596; Article 16 of European Union 
Regulation 596/2014 (stating that market operators and investment 
firms that operate a trading venue shall establish and maintain 
effective arrangements, systems and procedures aimed at preventing 
and detecting insider dealing, market manipulation and attempted 
insider dealing and market manipulation); Rule 545 of the Stock 
Exchange of Hong Kong, available at: https://www.hkex.com.hk/eng/rulesreg/traderules/sehk/Documents/chap-5_eng.pdf; Rule 8.10 of the 
Johannesburg Stock Exchange, available at: https://www.jse.co.za/content/JSERulesPoliciesand RegulationItems/
JSE%20Equities%20Rules.pdf.
---------------------------------------------------------------------------

    FTSE Developed and FTSE Emerging options would be subject to the 
same rules that currently govern other CBOE index options, including 
sales practice rules,\50\ margin requirements \51\ and trading 
rules.\52\ The Exchange would apply the same default position limits 
for broad-based index options to FTSE Developed and FTSE Emerging 
options. Specifically, the applicable position limits would be 25,000 
contracts (standard limit/on the same side of the market) and 15,000 
contracts (near-term limit). The exercise limits for FTSE Developed and 
FTSE Emerging options would be equivalent to the position limits for 
EAFE and EM options. These same position and exercise limits would 
apply to FLEX trading. All position limit hedge exemptions would apply. 
The Exchange would apply existing index option margin requirements to 
the purchase and sale of FTSE Developed and FTSE Emerging options.
---------------------------------------------------------------------------

    \50\ See Chapter IX (Doing Business with the Public).
    \51\ See Chapter XII (Margins).
    \52\ See, e.g., Chapters IV (Business Conduct), VI (Doing 
Business on the Trading Floor), VIII (Market-Makers, Trading Crowds 
and Modified Trading Systems) and XXIV (Index Options).
---------------------------------------------------------------------------

    The Exchange represents that is has an adequate surveillance 
program in place for FTSE Developed and FTSE Emerging options. The 
Exchange also represents that it has the necessary systems capacity to 
support the new option series.
    With regards to the CSA percentage applicable to EAFE and EM 
options, both the MSCI EAFE and MSCI EM Indexes are not easily 
susceptible to manipulation. Both indexes are broad-based indexes and 
have high market capitalizations. The EAFE Index is comprised of 925 
component stocks, the component stocks have a market capitalization of 
12,021,032.52 (USD Millions) and average daily volume of over 5 
billion, and no single component comprises more than 5% of the index, 
making it not easily subject to market manipulation. Similarly, the EM 
Index is comprised of 837 components stocks, the component stocks have 
a market capitalization of 3,506,908.00 (USD Millions) and average 
daily volume of over 25 billion, and no single component comprises more 
than 5% of the index, making it not easily subject to market 
manipulation. As previously noted, the purpose of a CSA is to allow the 
Exchange to investigate manipulation if it were to occur on an exchange 
at which one of the component securities trades. However, as described 
above, the EAFE and EM Indexes are unlikely to be susceptible to 
manipulation; thus, raising the CSA percentage for the EAFE and EM 
Indexes to fifty (50%) is unlikely to affect the Exchange's ability to 
investigate manipulation. Additionally, as noted above, the Commission 
is in a prime position to investigate potential manipulation occurring 
on foreign exchanges, and the Exchange can always refer investigations 
to the Commission. Also, as previously noted, equity exchanges are not 
required to have any CSAs in place to list ETFs that seek to track the 
EAFE, EM, FTSE Developed, and FTSE Emerging Indexes, and CBOE is not 
required to have any CSAs in place to list and trade options on an ETF 
that seeks to track these

[[Page 43315]]

indexes as long as the ETF is listed in accordance with an equity 
exchange's generic listing criteria under which CSAs are not required. 
Thus, the proposed CSA percentage promotes just and equitable 
principles of trade and a free and open market by more equally applying 
CSA percentages to similar products.
    Finally, with regards to amending the maintenance listing criteria 
applicable to EAFE, EM, FTSE 100, and FTSE China 50 options, the 
substantive analysis of reviewing the listing criteria set forth in 
subparagraphs .01(a)(5) and (6), .02(a)(5) and (6), and .03(a)(5) and 
(6) to Rule 24.2 is similar to the analysis involved in reviewing the 
listing criteria set forth in subparagraphs .01(a)(7), .02(a)(7), and 
.03(a)(7) to Rule 24.2. Thus, it's appropriate, and generally 
supportive of the protection of investors and the public interest, to 
review those criteria at the same time as it strikes the appropriate 
balance between ensuring the Exchange has the ability to access 
information to conduct investigative activities with the Exchange 
efficiently and effectively deploying Exchange resources.

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 not necessary or appropriate in furtherance of 
the purposes of the Act. Specifically, CBOE believes that the 
introduction of new cash index options will enhance competition among 
market participants and will provide a new type of options to compete 
with domestic products such as FTSE Developed Europe and FTSE Emerging 
Index futures and European-traded derivatives on the FTSE Developed 
Europe and FTSE Emerging Indexes to the benefit of investors and the 
marketplace. With regards to the CSA percentage applicable to EAFE, EM, 
FTSE Developed, and FTSE Emerging options, the Exchange considers this 
a competitive filing. As noted above, equity exchanges are not required 
to have any CSAs in place to list ETFs that seek to track the EAFE, EM, 
FTSE Developed, and FTSE Emerging Indexes.\53\ Additionally, CBOE is 
not required to have any CSAs in place to list and trade options on an 
ETF that seeks to track these indexes as long as the ETF is listed in 
accordance with an equity exchange's generic listing criteria under 
which CSAs are not required.\54\ Futures exchanges are similarly not 
required to have any CSAs in place to list futures on the EAFE, EM, 
FTSE Developed and FTSE Emerging Indexes.\55\ Finally, modifying the 
maintenance listing criteria applicable to EAFE, EM, FTSE 100, and FTSE 
China 50 options as proposed will not impose any burden on 
competition--intermarket or otherwise--because maintenance listing 
criteria are applicable to products, not market participants, and, 
thus, are unrelated to competition among market participants.
---------------------------------------------------------------------------

    \53\ See, e.g., NYSE MKT Rule 1000 Commentary .03(a)(B); NYSE 
Arca Equities Rule 5.2(j)(3) Commentary .01(a)(B); NASDAQ Rule 
5705(a)(3)(A)(ii); and BATS Rule 14.11(b)(3)(A)(ii).
    \54\ See Rule 5.3.06(C)(i).
    \55\ See, e.g., CME Rulebook Chapters 390--E-mini FTSE Developed 
Europe Index Futures and 391--E-mini FTSE Emerging Index Futures; 
and ICE Futures Chapters 40--MSCI EAFE Mini Index Futures and 41--
MSCI Emerging Markets Mini Index Futures.
---------------------------------------------------------------------------

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule 
change should be 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-2016-049 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-2016-049.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-2016-049 and should be 
submitted on or before July 22, 2016.
---------------------------------------------------------------------------

    \56\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\56\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-15716 Filed 6-30-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    43308                               Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    Paper Comments                                            SECURITIES AND EXCHANGE                                 II. Self-Regulatory Organization’s
                                                                                                              COMMISSION                                              Statement of the Purpose of, and
                                                      • Send paper comments in triplicate                                                                             Statutory Basis for, the Proposed Rule
                                                    to Secretary, Securities and Exchange                                                                             Change
                                                                                                              [Release No. 34–78177; File No. SR–CBOE–
                                                    Commission, 100 F Street NE.,
                                                                                                              2016–049]                                                 In its filing with the Commission, the
                                                    Washington, DC 20549–1090.
                                                                                                                                                                      Exchange included statements
                                                    All submissions should refer to File                      Self-Regulatory Organizations;
                                                                                                                                                                      concerning the purpose of and basis for
                                                    Number SR–BatsBYX–2016–15. This                           Chicago Board Options Exchange,
                                                                                                                                                                      the proposed rule change and discussed
                                                    file number should be included on the                     Incorporated; Notice of Filing of a
                                                                                                                                                                      any comments it received on the
                                                    subject line if email is used. To help the                Proposed Rule Change To List Options
                                                                                                                                                                      proposed rule change. The text of these
                                                    Commission process and review your                        That Overlie the FTSE Developed                         statements may be examined at the
                                                    comments more efficiently, please use                     Europe Index and the FTSE Emerging                      places specified in Item IV below. The
                                                    only one method. The Commission will                      Index, To Raise the Comprehensive                       Exchange has prepared summaries, set
                                                    post all comments on the Commission’s                     Surveillance Agreement Percentage                       forth in sections A, B, and C below, of
                                                    Internet Web site (http://www.sec.gov/                    Applicable to Certain Index Options,                    the most significant aspects of such
                                                    rules/sro.shtml). Copies of the                           and To Amend the Maintenance Listing                    statements.
                                                    submission, all subsequent                                Criteria Applicable to Certain Index
                                                    amendments, all written statements                        Options                                                 A. Self-Regulatory Organization’s
                                                    with respect to the proposed rule                                                                                 Statement of the Purpose of, and
                                                                                                              June 28, 2016.                                          Statutory Basis for, the Proposed Rule
                                                    change that are filed with the
                                                                                                                 Pursuant to Section 19(b)(1) of the                  Change
                                                    Commission, and all written
                                                    communications relating to the                            Securities Exchange Act of 1934 (the                    1. Purpose
                                                    proposed rule change between the                          ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    Commission and any person, other than                     notice is hereby given that on June 15,                    The purpose of this proposed rule
                                                    those that may be withheld from the                       2016, Chicago Board Options Exchange,                   change is to permit the Exchange to list
                                                    public in accordance with the                             Incorporated (‘‘Exchange’’ or ‘‘CBOE’’)                 and trade FTSE Developed options and
                                                    provisions of 5 U.S.C. 552, will be                       filed with the Securities and Exchange                  FTSE Emerging options, amend Rule
                                                    available for Web site viewing and                        Commission (‘‘Commission’’) the                         24.2.01(a)(7) to raise the comprehensive
                                                    printing in the Commission’s Public                       proposed rule change as described in                    surveillance agreement (‘‘CSA’’)
                                                                                                              Items I, II, and III below, which Items                 percentage applicable to EAFE options
                                                    Reference Room, 100 F Street NE.,
                                                                                                              have been prepared by the Exchange.                     and EM options,3 and amend Rules
                                                    Washington, DC 20549 on official
                                                                                                              The Commission is publishing this                       24.2.01(b)(1), 24.2.02(b)(1), and
                                                    business days between the hours of
                                                                                                              notice to solicit comments on the                       24.2.03(b)(1) to modify the maintenance
                                                    10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                              proposed rule change from interested                    listing criteria applicable to EAFE
                                                    filing also will be available for                                                                                 options, EM options, FTSE 100
                                                    inspection and copying at the principal                   persons.
                                                                                                                                                                      options,4 and FTSE China 50 options.5
                                                    office of the Exchange. All comments                      I. Self-Regulatory Organization’s                       FTSE Developed and FTSE Emerging
                                                    received will be posted without change;                   Statement of the Terms of Substance of                  options would be P.M., cash-settled
                                                    the Commission does not edit personal                     the Proposed Rule Change                                contracts with European-style exercise.
                                                    identifying information from
                                                    submissions. You should submit only                          The Exchanges seeks to list and trade                FTSE Developed Europe Index Design,
                                                    information that you wish to make                         options that overlie the FTSE Developed                 Methodology and Dissemination
                                                    available publicly. All submissions                       Europe Index and the FTSE Emerging
                                                                                                              Index (‘‘FTSE Developed options’’ and                     The FTSE Developed Europe Index is
                                                    should refer to File Number SR–                                                                                   a weighted index representing the
                                                    BatsBYX–2016–15, and should be                            ‘‘FTSE Emerging options’’), raise the
                                                                                                              comprehensive surveillance agreement                    performance of large- and mid-cap
                                                    submitted on or before July 22, 2016.                                                                             companies in Developed European
                                                                                                              percentage applicable to options that
                                                      For the Commission, by the Division of                  overlie the MSCI EAFE Index and the                     markets. The index is comprised of over
                                                    Trading and Markets, pursuant to delegated                MSCI Emerging Markets Index (‘‘EAFE                     500 securities from the following 15
                                                    authority.23                                              options’’ and ‘‘EM options’’), and amend                countries: Austria, Belgium &
                                                    Robert W. Errett,                                         the maintenance listing criteria                        Luxembourg, Denmark, Finland, France,
                                                    Deputy Secretary.                                         applicable to EAFE options, EM options,                 Germany, Ireland, Italy, Netherlands,
                                                    [FR Doc. 2016–15717 Filed 6–30–16; 8:45 am]               FTSE 100 Index options (‘‘FTSE 100
                                                                                                                                                                         3 The Securities and Exchange Commission (the
                                                    BILLING CODE 8011–01–P                                    options’’), and FTSE China 50 Index
                                                                                                                                                                      ‘‘Commission) approved CBOE’s proposal to list
                                                                                                              options (‘‘FTSE China 50 options’’). The                and trade EAFE and EM options on April 8, 2015.
                                                                                                              text of the proposed rule change is                     See Securities Exchange Act Release No. 74681
                                                                                                              provided in Exhibit 5.                                  (April 8, 2015), 80 FR 20032 (April 14, 2015)
                                                                                                                                                                      (approving SR–CBOE–2015–023).
                                                                                                                 The text of the proposed rule change                    4 The Securities and Exchange Commission (the

                                                                                                              is available on the Exchange’s Web site                 ‘‘Commission) approved CBOE’s proposal to list
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              (http://www.cboe.com/AboutCBOE/                         and trade FTSE 100 options on December 11, 2015.
                                                                                                                                                                      See Securities Exchange Act Release No. 76626
                                                                                                              CBOELegalRegulatoryHome.aspx), at                       (December 11, 2015), 80 FR 78794 (December 17,
                                                                                                              the Exchange’s Office of the Secretary,                 2015) (approving SR–CBOE–2015–100).
                                                                                                              and at the Commission’s Public                             5 The Securities and Exchange Commission (the

                                                                                                              Reference Room.                                         ‘‘Commission) approved CBOE’s proposal to list
                                                                                                                                                                      and trade FTSE China 50 options on December 17,
                                                                                                                                                                      2015. See Securities Exchange Act Release No.
                                                                                                                1 15   U.S.C. 78s(b)(1).                              76676 (December 17, 2015), 80 FR 79963 (December
                                                      23 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 23, 2015) (approving SR–CBOE–2015–099).



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                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                                    43309

                                                    Norway, Portugal, Spain, Sweden,                        contracts are listed for trading on the                Emerging Index semi-annually (March
                                                    Switzerland, and the United Kingdom.6                   Chicago Mercantile Exchange (‘‘CME’’).9                and September).12
                                                       The FTSE Developed Europe Index                                                                                Real-time data is distributed at least
                                                                                                            FTSE Emerging Index Design,                            every 15 seconds while the index is
                                                    was launched on May 31, 2000 and is
                                                                                                            Methodology and Dissemination                          being calculated using FTSE’s real-time
                                                    calculated by FTSE International
                                                    Limited (‘‘FTSE’’), which is a provider                    The FTSE Emerging Index is a                        calculation engine to Bloomberg,
                                                    of investment support tools. The FTSE                   weighted index representing the                        Reuters and other major vendors. End-
                                                    Developed Europe Index is calculated                    performance of large- and mid-cap                      of-day data is distributed daily to clients
                                                    and published on a real-time basis in                   companies in advanced and secondary                    through FTSE as well as through major
                                                    British pounds and U.S dollars during                   emerging markets. The index is                         quotation vendors, including Bloomberg
                                                    U.K. and U.S. trading hours: From 2:00                  comprised of approximately 950                         and Reuters.
                                                    a.m.–10:30 a.m. (Chicago time) the real-                securities from the following 22                          The Exchange notes that FTSE
                                                    time index is calculated using real time                countries: Brazil, Chile, China,                       Emerging Index futures contracts are
                                                    prices of the securities. At 10:30 a.m.                 Colombia, Czech Republic, Egypt,                       listed for trading on CME.13
                                                    (Chicago time) the real-time index                      Greece, Hungary, India, Indonesia,                     Initial and Maintenance Listing Criteria
                                                    closes using the closing prices from the                Malaysia, Mexico, Pakistan, Peru,
                                                                                                            Philippines, Poland, Russia, South                        The FTSE Developed Europe Index
                                                    London Stock Exchange. Thus, between
                                                                                                            Africa, Taiwan, Thailand, Turkey, and                  and the FTSE Emerging Index each meet
                                                    10:30 a.m. and 3:15 p.m. (Chicago time)
                                                                                                            United Arab Emirates.10                                the definition of a broad-based index as
                                                    the FTSE Developed Europe Index level
                                                                                                               The FTSE Emerging Index was                         set forth in Rule 24.1(i)(1).14 In addition,
                                                    is a static value that market participants
                                                                                                            launched on June 30, 2000 and is also                  the Exchange proposes to apply the
                                                    can access via data vendors.
                                                                                                            calculated by FTSE.                                    initial and maintenance listing criteria
                                                       The methodology used to calculate                                                                           currently only applicable to EAFE and
                                                    the FTSE Developed Europe Index is                         The FTSE Emerging Index is
                                                                                                            calculated and published on a real-time                EM options to FTSE Developed and
                                                    similar to the methodology used to                                                                             FTSE Emerging options. Specifically,
                                                    calculate the value of other benchmark                  basis in U.S. dollars during U.K. and
                                                                                                            U.S. trading hours: From 6:30 p.m.                     the Exchange proposes to amend
                                                    market-capitalization weighted indexes.                                                                        Interpretation and Policy .01(a) to Rule
                                                    Specifically, the FTSE Developed                        (Chicago time) (prior day) to 3:10 p.m.
                                                                                                            (Chicago time) (next day). At 3:10 p.m.                24.2, Designation of the Index, to
                                                    Europe Index is governed by the Ground                                                                         provide that the Exchange may trade
                                                    Rules for the FTSE Global Equity Index                  (Chicago time) the real-time index
                                                                                                            closes using the closing prices from                   FTSE Developed and FTSE Emerging
                                                    Series.7 The level of the FTSE                                                                                 options if each of the following
                                                    Developed Europe Index reflects the free                Brazil, Chile, Peru and Mexico. Thus,
                                                                                                            between 3:10 p.m. and 3:15 p.m.                        conditions is satisfied: (1) The index is
                                                    float-adjusted market value of the                                                                             broad-based, as defined in Rule
                                                    component stocks relative to a                          (Chicago time) the FTSE Emerging Index
                                                                                                            level is a static value that market                    24.1(i)(1); (2) Options on the index are
                                                    particular base date and is computed by                                                                        designated as P.M.-settled index
                                                    dividing the total market value of the                  participants can access via data vendors.
                                                                                                               The methodology used to calculate                   options; (3) The index is capitalization-
                                                    companies in the FTSE Developed                                                                                weighted, price-weighted, modified
                                                    Europe Index by the index divisor.                      the FTSE Emerging Index is similar to
                                                                                                            the methodology used to calculate the                  capitalization-weighted or equal dollar-
                                                       The FTSE Developed Europe Index is                                                                          weighted; (4) The index consists of 500
                                                    monitored and maintained by FTSE.                       value of other benchmark market-
                                                                                                            capitalization weighted indexes.                       or more component securities; (5) All of
                                                    Adjustments to the FTSE Developed                                                                              the component securities of the index
                                                    Europe Index could be made on a daily                   Specifically, the FTSE Emerging Index
                                                                                                            is also governed by the Ground Rules for               will have a market capitalization of
                                                    basis with respect to corporate events                                                                         greater than $100 million; (6) No single
                                                    and dividends. FTSE reviews the FTSE                    the FTSE Global Equity Index Series.11
                                                                                                            The level of the FTSE Emerging Index                   component security accounts for more
                                                    Developed Europe Index semi-annually                                                                           than fifteen percent (15%) of the weight
                                                    (March and September).8                                 reflects the free float-adjusted market
                                                                                                            value of the component stocks relative                 of the index, and the five highest
                                                       Real-time data is distributed at least                                                                      weighted component securities in the
                                                    every 15 seconds while the index is                     to a particular base date and is
                                                                                                            computed by dividing the total market                  index do not, in the aggregate, account
                                                    being calculated using FTSE’s real-time                                                                        for more than fifty percent (50%) of the
                                                    calculation engine to Bloomberg L.P.                    value of the companies in the FTSE
                                                                                                            Emerging Index by the index divisor.                   weight of the index; (7) Non-U.S.
                                                    (‘‘Bloomberg’’), Thomson Reuters                                                                               component securities (stocks or
                                                    (‘‘Reuters’’) and other major vendors.                     The FTSE Emerging Index is
                                                                                                            monitored and maintained by FTSE.                      American Depositary Receipts
                                                    End-of-day data is distributed daily to                                                                        (‘‘ADRs’’)) that are not subject to CSAs
                                                    clients through FTSE as well as through                 Adjustments to the FTSE Emerging
                                                                                                            Index could be made on a daily basis                   do not, in the aggregate, represent more
                                                    major quotation vendors, including                                                                             than fifty percent (50%) of the weight of
                                                    Bloomberg and Reuters.                                  with respect to corporate events and
                                                                                                            dividends. FTSE reviews the FTSE                       the FTSE Developed Europe Index or
                                                       The Exchange notes that FTSE                                                                                the FTSE Emerging Index;15 (8) During
                                                    Developed Europe Index futures                            9 See E-mini FTSE Developed Europe Index
                                                                                                                                                                     12 See id.
                                                                                                            Futures contract specifications located at: http://
                                                      6 See  FTSE Developed Europe Index fact sheet         www.cmegroup.com/trading/equity-index/                   13 See E-mini FTSE Emerging Index Futures
                                                    (dated May 31, 2016) located at: http://                international-index/e-mini-ftse-developed-europe-      contract specifications located at: http://
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    www.ftse.com/Analytics/FactSheets/Home/                 index_contract_specifications.html.                    www.cmegroup.com/trading/equity-index/
                                                    DownloadSingleIssue?issueName=AWDEURS.                    10 See FTSE Emerging Index fact sheet (dated May     international-index/e-mini-ftse-emerging-index_
                                                    Belgium and Luxembourg are listed as one country        31, 2016) located at: http://www.ftse.com/Analytics/   contract_specifications.html.
                                                    in the ‘‘Country Breakdown.’’                           FactSheets/Home/                                         14 Rule 24.1(i)(1) defines a broad-based index to
                                                      7 Summary and comprehensive information about         DownloadSingleIssue?issueName=AWALLE.                  mean an index designed to be representative of a
                                                    the FTSE Developed Europe Index methodology               11 Summary and comprehensive information             stock market as a whole or of a range of companies
                                                    may be reviewed at: http://www.ftse.com/products/       about the FTSE Emerging Index methodology may          in unrelated industries.
                                                    downloads/FTSE_Global_Equity_Index_                     be reviewed at: http://www.ftse.com/products/            15 Other than proposed listing criteria 7 of Rule
                                                    Series.pdf?840.                                         downloads/FTSE_Global_Equity_Index_                    24.2.01(a) and maintenance listing criteria 1 of Rule
                                                      8 See id.                                             Series.pdf?840.                                                                                    Continued




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                                                    43310                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    the time options on the index are traded                Developed and FTSE Emerging options                    options would be traded (from
                                                    on the Exchange, the current index                      due to the nature of these indexes that                approximately 3:10 p.m. (Chicago time)
                                                    value is widely disseminated at least                   encompass multiple markets around the                  to 3:15 p.m. (Chicago time)). However,
                                                    once every fifteen (15) seconds by one                  world. As to the FTSE Developed                        the FTSE Emerging Index futures
                                                    or more major market data vendors.                      Europe Index, the components open                      contract trades on CME during this time
                                                    However, the Exchange may continue to                   with the start of trading in certain parts             period.17 The Exchange believes that the
                                                    trade FTSE Developed and FTSE                           of Europe at approximately 2:00 a.m.                   FTSE Emerging Index futures prices
                                                    Emerging options after trading in all                   (Chicago time) and close with the end                  may be a proxy for the current FTSE
                                                    component securities has closed for the                 of trading in Europe at approximately                  Emerging Index level. Therefore, the
                                                    day and the index level is no longer                    10:30 a.m. (Chicago time) as closing                   Exchange believes that FTSE Emerging
                                                    widely disseminated at least once every                 prices from Ireland are accounted for in               options should be permitted to trade
                                                    fifteen (15) seconds by one or more                     the closing calculation. The closing                   after trading in all component securities
                                                    major market data vendors, provided                     FTSE Developed Europe Index is                         has closed for the day and the index
                                                    that FTSE Developed Europe Index                        distributed by FTSE between                            level is no longer widely disseminated
                                                    futures or FTSE Emerging Index futures                  approximately 10:30 a.m. and 1:00 p.m.                 at least once every fifteen (15) seconds
                                                    contracts are trading and prices for                    (Chicago time) each trading day.                       by one or more major market data
                                                    those contracts may be used as a proxy                     As a result, there will not be a current            vendors, provided that FTSE Emerging
                                                    for the current index value; (9) The                    FTSE Developed Europe Index level                      Index futures contracts are trading and
                                                    Exchange reasonably believes it has                     calculated and disseminated during a                   prices for those contracts may be used
                                                    adequate system capacity to support the                 portion of the time during which FTSE                  as a proxy for the current index value.
                                                    trading of options on the index, based                  Developed options would be traded                         Because the FTSE Developed Europe
                                                    on a calculation of the Exchange’s                      (from approximately 10:30 a.m.                         Index and FTSE Emerging Index each
                                                    current Independent System Capacity                     (Chicago time) to 3:15 p.m. (Chicago                   has a large number of component
                                                    Advisor (ISCA) allocation and the                       time)). However, the FTSE Developed                    securities and is representative of many
                                                    number of new messages per second                       Europe Index futures contract trades on                countries, similar to other broad-based
                                                    expected to be generated by options on                  CME during this time period.16 The                     indexes, the Exchange believes that the
                                                    such index; and (10) The Exchange has                   Exchange believes that the FTSE                        initial listing requirements are
                                                    written surveillance procedures in place                Developed Europe Index futures prices                  appropriate to trade options on this
                                                    with respect to surveillance of trading of              may be a proxy for the current FTSE                    index. In addition, similar to other
                                                    options on the index.                                   Developed Europe Index level.                          broad-based indexes, the Exchange
                                                       Additionally, pursuant to                            Therefore, the Exchange believes that                  proposes various maintenance
                                                    Interpretation and Policy .01(b) to Rule                FTSE Developed options should be                       requirements, which require continual
                                                    24.2, the Exchange is proposing the                     permitted to trade after trading in all                and periodic compliance.
                                                    following maintenance listing standards                 component securities has closed for the
                                                                                                                                                                   Options Trading
                                                    for FTSE Developed and FTSE Emerging                    day and the index level is no longer
                                                    options: (1) The conditions set forth in                widely disseminated at least once every                  Generally, the proposed trading rules
                                                    subparagraphs .01(a) (1), (2), (3), (4), (8),           fifteen (15) seconds by one or more                    for FTSE Developed and FTSE Emerging
                                                    (9) and (10) must continue to be                        major market data vendors, provided                    options would be the same except for
                                                    satisfied. The conditions set forth in                  that FTSE Developed Europe Index                       their respective trading hours, which
                                                    subparagraphs .01(a)(5), (6), and (7)                   futures contracts are trading and prices               the Exchange will describe separately
                                                    must be satisfied only as of the first day              for those contracts may be used as a                   below. Exhibit 3 presents contract
                                                    of January and July in each year; and (2)               proxy for the current index value.                     specifications for FTSE Developed and
                                                    The total number of component                              As to the FTSE Emerging Index, the                  FTSE Emerging options.
                                                    securities in the index may not increase                components open with the start of                        The contract multiplier for FTSE
                                                    or decrease by more than thirty-five                    trading in certain parts of Asia at                    Developed and FTSE Emerging options
                                                    percent (35%) from the number of                        approximately 6:30 p.m. (Chicago time)                 would be $100. FTSE Developed and
                                                    component securities in the index at the                (prior day) and close with the end of                  FTSE Emerging options would be
                                                    time of its initial listing. In the event a             trading in Mexico and Peru at                          quoted in index points, and one point
                                                    class of index options listed on the                    approximately 3:10 p.m. (Chicago time)                 would equal $100. The minimum tick
                                                    Exchange fails to satisfy the                           (next day) as closing prices from Brazil,              size for series trading below $3 would
                                                    maintenance listing standards set forth                 Chile, Peru and Mexico, including late                 be 0.05 ($5.00) and at or above $3 will
                                                    herein, the Exchange shall not open for                 prices, are accounted for in the closing               be 0.10 ($10.00).
                                                    trading any additional series of options                calculation. The closing FTSE Emerging                   Initially, the Exchange would list
                                                    of that class unless the continued listing              Index level is distributed at                          in-, at- and out-of-the-money strike
                                                    of that class of index options has been                 approximately 3:10 p.m. (Chicago time)                 prices. Additional series may be opened
                                                    approved by the Commission under                        each trading day.                                      for trading as the underlying index level
                                                    Section 19(b)(2) of the Securities                         As a result, there will not be a current            moves up or down.18 The minimum
                                                    Exchange Act of 1934 (the ‘‘Act’’).                     FTSE Emerging Index level calculated
                                                                                                                                                                     17 The trading hours for E-mini FTSE Emerging
                                                       The Exchange believes that P.M.                      and disseminated during a portion of                   Index futures are from 5:00 p.m. (Chicago time)
                                                    settlement is appropriate for FTSE                      the time during which FTSE Emerging                    (prior day) to 4:00 p.m. (Chicago time) (next day),
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                   Sunday through Friday. See E-mini FTSE Emerging
                                                    24.2.01(b), the Exchange is proposing to adopt the        16 The trading hours for E-mini FTSE Developed       Index Futures contract specifications located at:
                                                    same listing criteria for FTSE Developed and FTSE       Europe Index futures are from 5:00 p.m. (Chicago       http://www.cmegroup.com/trading/equity-index/
                                                    Emerging options that are currently applicable to       time) (prior day) to 4:00 p.m. (Chicago time) (next    international-index/e-mini-ftse-emerging-index_
                                                    EAFE and EM options. See infra text on ‘‘MSCI           day), Sunday through Friday. See E-mini FTSE           contract_specifications.html.
                                                    EAFE and EM Indexes’’ for the discussion on             Developed Europe Index Futures contract                  18 See Rules 24.9(a), 24.9.01 and 24.9.04. These

                                                    raising the CSA percentage for EAFE and EM              specifications located at: http://                     rules set forth the criteria for listing additional
                                                    options and text on ‘‘Maintenance Listing Criteria’’    www.cmegroup.com/trading/equity-index/                 series of the same class as the current value of the
                                                    amending maintenance listing criteria for EAFE,         international-index/e-mini-ftse-developed-europe-      underlying index moves. Generally, additional
                                                    EM, FTSE 100 and FTSE China 50 options.                 index_contract_specifications.html.                    series must be ‘‘reasonably related’’ to the current



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                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                                     43311

                                                    strike price interval for FTSE Developed                on CME and stop trading at 10:30 a.m.                  the chart set forth in Rule 24.4(a),
                                                    and FTSE Emerging options series                        (Chicago time) on the third Friday of the              Position Limits for Broad-Based Index
                                                    would be 2.5 points if the strike price                 futures contract month.25                              Options, provides that the positions
                                                    is less than 200. When the strike price                   The trading hours for FTSE Emerging                  limits applicable to ‘‘other broad-based
                                                    is 200 or above, strike price intervals                 options would be from 8:30 a.m. to 3:15                indexes’’ is 25,000 contracts (standard
                                                    would be no less than 5 points.19 New                   p.m. (Chicago time). The trading in                    limit/on the same side of the market)
                                                    series would be permitted to be added                   expiring FTSE Emerging options would                   and 15,000 contracts (near-term limit).
                                                    up to the fifth business day prior to                   also end at 3:15 p.m. (Chicago time) on                Pursuant to Rule 24.5, Exercise Limits,
                                                    expiration.20                                           their expiration date (usually a Friday).              the exercise limits for FTSE Developed
                                                       The Exchange would be permitted to                                                                          and FTSE Emerging options would be
                                                                                                            Exercise and Settlement
                                                    list up to twelve near-term expiration                                                                         equivalent to the near-term position
                                                    months.21 The Exchange would also be                       The proposed FTSE Developed and                     limits for FTSE Developed and FTSE
                                                    permitted to list up to ten expirations in              FTSE Emerging options would expire on                  Emerging options. These same position
                                                    Long-Term Index Option Series                           the third Friday of the expiring month.                and exercise limits would apply to
                                                    (‘‘LEAPS’’) 22 on the FTSE Developed                    Trading in expiring FTSE Developed                     FLEX trading. All position limit hedge
                                                    Europe Index and the FTSE Emerging                      options would cease upon the close of                  exemptions would apply.
                                                    Index and those indexes would be                        the London Stock Exchange (usually
                                                    eligible for all other expirations                      10:30 a.m. Chicago time) on their                      Margin
                                                    permitted for other broad-based indexes,                expiration date (usually a Friday) and                   The Exchange proposes that FTSE
                                                    e.g., End of Week/End of Month/                         trading in expiring FTSE Emerging                      Developed and FTSE Emerging options
                                                    Wednesday Expirations, Short Term                       options would cease at 3:15 p.m.                       be margined as ‘‘broad-based index’’
                                                    Option Series and Quarterly Option                      (Chicago time) on their expiration date                options, and under CBOE rules,
                                                    Series.23                                               (usually a Friday). When the last trading              especially Rule 12.3(c)(5)(A), the margin
                                                       The trading hours for FTSE                           day/expiration date is moved because of                requirement for a short put or call shall
                                                    Developed options would be from 8:30                    an Exchange holiday or closure, the last               be 100% of the current market value of
                                                    a.m. (Chicago time) to 3:15 p.m.                        trading day/expiration date for expiring               the contract plus 15% of the product of
                                                    (Chicago time), except that trading in                  options would be the immediately                       the current index group value and the
                                                    expiring FTSE Developed options                         preceding business day.                                applicable index multiplier, reduced by
                                                    would end upon the close of the London                     Exercise would result in delivery of                any out-of-the-money amount. There
                                                    Stock Exchange (usually 10:30 a.m.                      cash on the business day following                     would be a minimum margin
                                                    Chicago time) 24 on their expiration date               expiration. FTSE Developed and FTSE                    requirement of 100% of the current
                                                    (usually a Friday). The Exchange is                     Emerging options would be P.M.-settled.                market value of the contract plus: 10%
                                                    proposing that FTSE Developed options                   The exercise settlement value would be                 of the aggregate put exercise price
                                                    trade only during a portion of the day                  the official closing values of the FTSE                amount in the case of puts, and 10% of
                                                    on their expiration date to align the                   Developed Europe Index and the FTSE                    the product of the current index group
                                                    trading hours of expiring FTSE                          Emerging Index as reported by FTSE on                  value and the applicable index
                                                    Developed options with expiring FTSE                    the last trading day of the expiring                   multiplier in the case of calls.
                                                    Developed Europe Index futures. FTSE                    contract.26                                            Additional margin may be required
                                                    Developed Europe Index futures trade                       The exercise settlement amount                      pursuant to Rules 12.3(h) and 12.10
                                                                                                            would be equal to the difference                       (Margin Required is Minimum).
                                                    index value, which means that strike prices must        between the exercise-settlement value                    The Exchange believes that FTSE
                                                    be within 30% of the current index value. Series        and the exercise price of the option,                  Developed and FTSE Emerging options
                                                    exceeding the 30% range may be listed based on          multiplied by the contract multiplier                  are eligible products for portfolio
                                                    demonstrated customer interest.
                                                       19 See proposed amendments to Rule 24.9.01(a)        ($100).                                                margining under CBOE Rule 12.4.
                                                    adding FTSE Developed and FTSE Emerging                    If the exercise settlement value is not             Accordingly, the Exchange proposes
                                                    options as classes eligible for 2.5 point minimum       available or the normal settlement                     that FTSE Developed and FTSE
                                                    strikes if the strike price is below 200.               procedure cannot be utilized due to a                  Emerging options be allowed in
                                                       20 See Rule 24.9.01(c).
                                                                                                            trading disruption or other unusual                    portfolio margin accounts. CBOE
                                                       21 See proposed amendments to Rule 24.9(a)(2).

                                                    The Exchange is proposing to allow the listing of
                                                                                                            circumstance, the settlement value                     proposes that the FTSE Developed
                                                    up to twelve expiration months at any one time for      would be determined in accordance                      Europe Index be treated as a high-
                                                    FTSE Developed and FTSE Emerging options.               with the rules and bylaws of The                       capitalization, broad-based index to be
                                                       22 See, e.g., Rule 24.9(b) (LEAPS). The Exchange
                                                                                                            Options Clearing Corporation                           housed in the European Market Product
                                                    may list LEAPS that expire from 12 to 180 months        (‘‘OCC’’).27                                           Group. The market moves utilized for
                                                    from the date of issuance; however, as noted in
                                                                                                                                                                   the European Markets Product Group is
                                                    Exhibit 3, the Exchange is limiting FTSE Developed      Position and Exercise Limits
                                                    and FTSE Emerging LEAPS to expirations between                                                                 ¥8%/+6%, with a 100% offset of gains
                                                    12 and 60 months. The Exchange may determine to           The Exchange proposes to apply the                   and losses between products in the
                                                    list LEAPS that expire between 60 and 180 months        default position limits for broad-based                same Class Group and an 85% offset
                                                    at a later date without a rule filing.                  index options to FTSE Developed and
                                                       23 See, e.g., Rules 24.9(e) (End of Week/End of
                                                                                                                                                                   with the other classes contained in the
                                                    Month/Wednesday Expirations), 24.9(a)(2)(A)
                                                                                                            FTSE Emerging options. Specifically,                   Product Group.28
                                                    (Short Term Option Series) and 24.9(a)(2)(B)                                                                     CBOE proposes that the FTSE
                                                    (Quarterly Option Series).                                25 See CME Rule 39002.G, available at: http://
                                                                                                                                                                   Emerging Index be treated as a non-
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                                                       24 For example, Daylight Saving Time began in        www.cmegroup.com/rulebook/CME/IV/350/390.pdf.          high-capitalization, broad-based index
                                                                                                              26 See proposed amendment to Rule 24.1.01 to
                                                    Chicago on March 13, 2016, and in London on                                                                    to be housed in the Emerging Markets
                                                    March 27, 2016. If an expiration were to occur after    identify FTSE International Limited as the
                                                    Daylight Savings was observed in Chicago but prior      Reporting Authority for the FTSE Developed             Indexes Product Group. The market
                                                    to observance in London, trading in expiring FTSE       Europe Index and the FTSE Emerging Index. As the
                                                    Developed options would end at 11:30 a.m.               designated Reporting Authority for each of these         28 A table detailing the currently existing portfolio

                                                    (Chicago time). FTSE Emerging options are not           indexes, the disclaimers set forth in Rule 24.14       margining Product Groups and their component
                                                    affected by Daylight Savings as trading in expiring     (Disclaimers) would apply to FTSE International        class groups can be found at http://
                                                    FTSE Emerging options ends at 3:15 p.m. (Chicago        Limited.                                               www.optionsclearing.com/components/docs/risk-
                                                    Time).                                                    27 See Rule 24.7.                                    management/cpm/cpm_parameters.pdf.



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                                                    43312                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    moves utilized for the Emerging Markets                 ISG members is available at: https://                     CBOE has analyzed its capacity and
                                                    Indexes Product Groups are +/¥10%,                      www.isgportal.org/home.html.                           represents that it believes the Exchange
                                                    with a 100% offset of gains and losses                     The Exchange is also an affiliate                   and the Options Price Reporting
                                                    between products in the same Class                      member of the International                            Authority (‘‘OPRA’’) have the necessary
                                                    Group and an 85% offset with the other                  Organization of Securities Commissions                 systems capacity to handle the
                                                    classes contained in the Product Group.                 (‘‘IOSCO’’), which has members from                    additional traffic associated with the
                                                                                                            over 100 different countries.33 A list                 listing of new series that would result
                                                    Exchange Rules Applicable                               identifying the current ordinary IOSCO                 from the introduction of FTSE
                                                      Except as modified herein, the rules                  members is available at: http://                       Developed and FTSE Emerging options.
                                                    in Chapters I through XIX, XXIV,                        www.iosco.org/about/                                   Because the proposal is limited to two
                                                    XXIVA, and XXIVB would equally                          ?subsection=membership&memid=1.                        new classes, the Exchange believes that
                                                    apply to FTSE Developed and FTSE                        Finally, the Exchange has entered into                 the additional traffic that would be
                                                    Emerging options. FTSE Developed and                    CSAs with various stock exchanges.34                   generated from the introduction of FTSE
                                                    FTSE Emerging options would be                             The FTSE Developed Europe Index is                  Developed and FTSE Emerging options
                                                    subject to the same rules that currently                a broad-based index of which the                       would be manageable.
                                                    govern other CBOE index options,                        component securities have a market
                                                                                                            capitalization of 7,073,781 (EUR                       MSCI EAFE and EM Indexes
                                                    including sales practice rules,29 margin
                                                    requirements 30 and trading rules.31                    Millions) and an average market                           On April 8, 2015, the Commission
                                                      The Exchange hereby designates FTSE                   capitalization per constituent of 13,397               approved CBOE’s proposal to list and
                                                    Developed and FTSE Emerging options                     (EUR Millions). Additionally, the                      trade options on the MSCI EAFE Index
                                                    as eligible for trading as Flexible                     component stocks have an average daily                 (‘‘EAFE Index’’) and the MSCI Emerging
                                                    Exchange Options as provided for in                     volume of over 2.8 billion with an                     Markets Index (‘‘EM Index’’).35 On
                                                    Chapters XXIVA (Flexible Exchange                       average daily volume per constituent of                March 8, 2016, the Commission
                                                    Options) and XXIVB (FLEX Hybrid                         over 5 million. Also, the largest                      approved CBOE’s proposal to amend
                                                    Trading System).32                                      constituent in the FTSE Developed                      Rule 24.2.01(a)(7) to raise the CSA
                                                                                                            Europe Index currently only accounts                   percentage for the EAFE and EM
                                                    Surveillance and Capacity                               for 2.89% of the weight of the FTSE                    Indexes by five percent (5%).36 Pursuant
                                                       The Exchange represents that it has an               Developed Europe Index.                                to SR–CBOE–2016–016, Rule
                                                    adequate surveillance program in place                     The FTSE Emerging Index is also a                   24.2.01(a)(7) currently states that Non-
                                                    for FTSE Developed and FTSE Emerging                    broad-based index of which the                         U.S. component securities (stocks or
                                                    options and intends to use the same                     component securities have a market                     ADRs) that are not subject to CSAs do
                                                    surveillance procedures currently                       capitalization of 3,033,757 (USD                       not, in the aggregate, represent more
                                                    utilized for each of the Exchange’s other               Millions) and an average market                        than: (i) Twenty-five percent (25%) of
                                                    index options to monitor trading in                     capitalization per constituent of 3,118                the weight of the EAFE Index, and (ii)
                                                    FTSE Developed and FTSE Emerging                        (USD Millions). Additionally, the                      twenty-seven and a half percent (27.5%)
                                                    options.                                                component stocks have an average daily                 of the weight of the EM Index. Because
                                                       The Exchange is a member of the                      volume of over 25 billion with an                      both the EAFE and EM Indexes are
                                                    Intermarket Surveillance Group (‘‘ISG’’),               average daily volume per constituent of                broad-based indexes, the component
                                                    which ‘‘covers major self-regulatory                    over 29 million. Also, the largest                     securities of the indexes have high
                                                    bodies across the world.’’ ‘‘The purpose                constituent in the FTSE Emerging Index                 market capitalizations, the indexes are
                                                    of the ISG is to provide a framework for                currently only accounts for 3.93% of the               comprised of over 500 constituents, and
                                                    the sharing of information and the                      weight of the FTSE Emerging Index.                     no single component comprises more
                                                    coordination of regulatory efforts among                   Given the capitalization of the FTSE                than 5% of the weight of either index,
                                                    exchanges trading securities and related                Developed Europe and FTSE Emerging                     all of which makes the indexes not
                                                    products to address potential                           Indexes and the deep and liquid                        easily subject to market manipulation,
                                                    intermarket manipulations and trading                   markets for the securities underlying                  the Exchange proposes to amend Rule
                                                    abuses. The ISG plays a crucial role in                 these Indexes, the concerns for market                 24.2.01(a)(7) to raise the CSA percentage
                                                    information sharing among markets that                  manipulation and/or disruption in the                  for the EAFE and EM Indexes to fifty
                                                    trade securities, options on securities,                underlying markets are greatly reduced.                percent (50%).37
                                                    security futures products, and futures                                                                            The EAFE Index consists of the
                                                    and options on broad-based security                       33 There are three categories of IOSCO members:      following 21 developed market
                                                    indexes.’’ A list identifying the current               Ordinary, associate and affiliate. In general, the     countries: Australia, Austria, Belgium,
                                                                                                            ordinary members (125) are the national securities     Denmark, Finland, France, Germany,
                                                                                                            commissions in their respective jurisdictions.         Hong Kong, Ireland, Israel, Italy, Japan,
                                                      29 See Chapter IX (Doing Business with the
                                                                                                            Associate members (18) are usually agencies or
                                                    Public).                                                branches of government, other than the principal       the Netherlands, New Zealand, Norway,
                                                      30 See Chapter XII (Margins).
                                                                                                            national securities regulator in their respective
                                                      31 See, e.g., Chapters IV (Business Conduct), VI      jurisdictions that have some regulatory competence       35 See Securities Exchange Act Release No. 74681

                                                    (Doing Business on the Trading Floor), VIII (Market-    over securities markets, or intergovernmental          (April 8, 2015), 80 FR 20032 (April 14, 2015)
                                                    Makers, Trading Crowds and Modified Trading             international organizations and other international    (approving SR–CBOE–2015–023).
                                                    Systems) and XXIV (Index Options).                      standard-setting bodies, such as the IMF and the         36 See Securities Exchange Act Release No. 77319
                                                      32 See proposed amendments to Rules 24A.7,            World Bank, with a mission related to either the       (March 8, 2016), 81 FR 13429 (March 14, 2016)
                                                                                                            development or the regulation of securities markets.
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                                                    Position Limits and Reporting Requirements, and                                                                (approving SR–CBOE–2016–016).
                                                    24B.7, Position Limits and Reporting Requirements,      Affiliate members (64) are self-regulatory               37 The Exchange is proposing to make this CSA
                                                    providing that the position limits for FLEX Index       organizations, stock exchanges, financial market       percentage applicable to FTSE Developed and FTSE
                                                    options on the FTSE Developed Europe Index and          infrastructures, investor protection funds and         Emerging options because both the FTSE Developed
                                                    on the FTSE Emerging Index would be equal to the        compensation funds, and other bodies with an           Europe and FTSE Emerging Indexes are broad-based
                                                    position limits for Non-FLEX options on those           appropriate interest in securities regulation. See     indexes, the component securities of the indexes
                                                    indexes. Per existing Rules 24A.8, Exercise Limits,     IOSCO Fact Sheet located at: http://www.iosco.org/     have high market capitalizations, the indexes are
                                                    and 24B.8, Exercise Limits, the exercise limits for     about/pdf/IOSCO-Fact-Sheet.pdf.                        comprised of over 500 constituents, and no single
                                                    FLEX FTSE Developed and FTSE Emerging option              34 CSAs can be in the form of Memoranda of           component comprises more than 5% of the weight
                                                    would be equivalent to the position limits for FLEX     Understanding (‘‘MOUs’’) or information sharing        of either index, which makes the indexes not easily
                                                    FTSE Developed and FTSE Emerging options.               agreements.                                            susceptible to manipulation.



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                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                                    43313

                                                    Portugal, Singapore, Spain, Sweden,                     will continue to use the same                           first of January and July in each year.
                                                    Switzerland, and the United Kingdom.                    surveillance procedures currently                       The Exchange is not seeking to amend
                                                    The EAFE Index consists of large- and                   utilized for each of the Exchange’s other               the frequency with which listing criteria
                                                    mid-cap components, has 925                             index options to monitor trading in                     5 and 6 are reviewed; rather, the
                                                    constituents and ‘‘covers approximately                 EAFE and EM options.                                    Exchange is seeking to specify the
                                                    85% of the free float-adjusted market                      The Exchange notes that equity                       frequency with which the listing criteria
                                                    capitalization in each country.’’ 38                    exchanges are not required to have any                  7 is reviewed. The substantive analysis
                                                    Furthermore, the EAFE Index is a broad-                 CSAs in place to list ETFs that seek to                 involved in reviewing listing criteria 5,
                                                    based index of which the component                      track the EAFE, EM, FTSE Developed,                     6, and 7 is similar. Each review involves
                                                    securities have a market capitalization                 and FTSE Emerging Indexes.40                            an analysis of the market capitalization
                                                    of 12,021,032.52 (USD Millions) and an                  Additionally, CBOE is not required to                   of individual components and resulting
                                                    average market capitalization per                       have any CSAs in place to list and trade                changes to the weights those individual
                                                    constituent of 12,995.71 (USD Millions).                options on an ETF that seeks to track                   components contribute to indexes; thus,
                                                    Additionally, the component stocks                      these indexes as long as the ETF is                     it’s appropriate to review those criteria
                                                    have an average daily volume of over 5                  listed in accordance with an equity                     at the same time.
                                                    billion with an average daily volume per                exchange’s generic listing criteria under
                                                                                                            which CSAs are not required.41 Finally,                 2. Statutory Basis
                                                    constituent of over 5 million. Also, the
                                                    largest constituent in the EAFE Index                   futures exchanges are similarly not                        The Exchange believes the proposed
                                                    currently accounts for less than 2% of                  required to have any CSAs in place to                   rule change is consistent with the Act
                                                    the weight of the EAFE Index.                           list futures on the EAFE, EM, FTSE                      and the rules and regulations
                                                       The EM Index consists of the                         Developed and FTSE Emerging                             thereunder applicable to the Exchange
                                                    following 23 emerging market country                    Indexes.42                                              and, in particular, the requirements of
                                                    indexes [sic]: Brazil, Chile, China,                                                                            Section 6(b) of the Act.46 Specifically,
                                                                                                            Maintenance Listing Criteria                            the Exchange believes the proposed rule
                                                    Colombia, Czech Republic, Egypt,
                                                    Greece, Hungary, India, Indonesia,                         The Exchange is seeking to amend                     change is consistent with the Section
                                                    Korea, Malaysia, Mexico, Peru,                          Rules 24.2.01(b)(1), 24.2.02(b)(1), and                 6(b)(5) 47 requirements that the rules of
                                                    Philippines, Poland, Qatar, Russia,                     24.2.03(b)(1) to modify the maintenance                 an exchange be designed to promote just
                                                    South Africa, Taiwan, Thailand, Turkey                  listing criteria applicable to EAFE                     and equitable principles of trade, to
                                                    and United Arab Emirates. The EM                        options, EM options, FTSE 100 options,                  prevent fraudulent and manipulative
                                                    Index consists of large- and mid-cap                    and FTSE China 50 options. Currently,                   acts, to remove impediments to and to
                                                    components, has 837 constituents and                    Rules 24.2.01(b)(1), 24.2.02(b)(1), and                 perfect the mechanism for a free and
                                                    ‘‘covers approximately 85% of the free                  24.2.03(b)(1) state, as applicable, that                open market and a national market
                                                    float-adjusted market capitalization in                 the listing criteria set forth in                       system, and, in general, to protect
                                                    each country.’’ 39 Furthermore, the EM                  subparagraphs .01(a)(5) and (6), .02(a)(5)              investors and the public interest.
                                                    Index is a broad-based index of which                   and (6), and .03(a)(5) and (6) to Rule                     The Exchange believes that the
                                                    the component securities have a market                  24.2 (‘‘listing criteria 5 and 6’’) 43 need             proposed rule change will further the
                                                    capitalization of 3,506,908.00 (USD                     only be met as of the first day of January              Exchange’s goal of introducing new and
                                                    Millions) and an average market                         and July in each year. The Exchange is                  innovative products to the marketplace.
                                                    capitalization per constituent of                       seeking to amend Rules 24.2.01(b)(1),                   Currently, the Exchange believes that
                                                    4,189.85 (USD Millions). Additionally,                  24.2.02(b)(1), and 24.2.03(b)(1) 44 to                  there is unmet market demand for
                                                    the component stocks have an average                    specify that listing criteria set forth in              exchange-listed security options listed
                                                    daily volume of over 25 billion with an                 subparagraphs .01(a)(7), .02(a)(7), and                 on these two popular cash indexes.
                                                    average daily volume per constituent of                 .03(a)(7) to Rule 24.2 (‘‘listing criteria              FTSE Developed Europe and FTSE
                                                    over 30 million. Also, the largest                      7’’) 45 need also only be met as of the                 Emerging Index futures are listed for
                                                    constituent in the EM Index currently                                                                           trading on CME. As a result, CBOE
                                                    accounts for less than 3.5% of the
                                                                                                              40 See e.g., NYSE MKT Rule 1000 Commentary            believes that FTSE Developed and FTSE
                                                                                                            .03(a)(B); NYSE Arca Equities Rule 5.2(j)(3)            Emerging options are designed to
                                                    weight of the EM Index.                                 Commentary .01(a)(B); NASDAQ Rule
                                                       Given the high number of constituents                5705(a)(3)(A)(ii); and BATS Rule 14.11(b)(3)(A)(ii).
                                                                                                                                                                    provide different and additional
                                                    and capitalization of the EAFE and EM                     41 See Rule 5.3.06(C)(i).                             opportunities for investors to hedge or
                                                    Indexes and the deep and liquid                           42 See, e.g., CME Rulebook Chapters 390—E-mini        speculate on the market risk associated
                                                    markets for the securities underlying                   FTSE Developed Europe Index Futures and 391—            with the FTSE Developed and FTSE
                                                                                                            E-mini FTSE Emerging Index Futures; and ICE             Emerging Indexes by listing an option
                                                    these indexes, the concerns for market                  Futures Chapters 40—MSCI EAFE Mini Index
                                                    manipulation and/or disruption in the                   Futures and 41—MSCI Emerging Markets Mini
                                                                                                                                                                    directly on these indexes.
                                                    underlying markets are greatly reduced.                 Index Futures.                                             The Exchange believes that both the
                                                    Additionally, the Exchange represents                     43 Listing criteria 5 provides that all of the        FTSE Developed Europe Index and
                                                    that raising the CSA percentage will not                component securities of the index will have a           FTSE Emerging Index are not easily
                                                                                                            market capitalization of greater than $100 million.     susceptible to manipulation. Both
                                                    have an adverse impact on the                           Listing criteria 6 provides that no single component
                                                    Exchange’s surveillance program. The                    security accounts for more than fifteen percent         indexes are broad-based indexes and
                                                    Exchange represents that it will still                  (15%) of the weight of the index, and the five
                                                                                                            highest weighted component securities in the index      applicable index. As previously noted, this
                                                    have an adequate surveillance program                   do not, in the aggregate, account for more than fifty   proposal seeks to amend the listing criteria 7
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                                                    in place for EAFE and EM options and                    percent (50%) of the weight of the index.               applicable to EAFE and EM options and apply that
                                                                                                              44 Current Rule 24.2.03(b) and (b)(1) mistakenly      same percentage to FTSE Developed and FTSE
                                                      38 See EAFE Index fact sheet (dated May 31, 2016)     references paragraph .02(a), instead of .03(a); thus,   Emerging options. This proposal does not seek to
                                                    located at: http://www.msci.com/resources/              the Exchange is also amending Rule 24.2.03(b) to        amend the listing criteria 7 applicable to FTSE 100
                                                    factsheets/index_fact_sheet/msci-eafe-index-usd-        correct the technical error.                            and FTSE China 50 options; however, as noted
                                                    price.pdf.                                                45 Listing criteria 7 generally provides that non-    above, this proposal does seek to amend the
                                                      39 See EM Index fact sheet (dated May 31, 2016)       U.S. component securities (stocks or American           maintenance listing criteria for EAFE, EM, FTSE
                                                    located at: http://www.msci.com/resources/              Depositary Receipts (‘‘ADRs’’)) that are not subject    100, and FTSE China 50 options.
                                                                                                                                                                      46 15 U.S.C. 78f(b).
                                                    factsheets/index_fact_sheet/msci-emerging-              to CSAs do not, in the aggregate, represent more
                                                    markets-index-usd-price.pdf.                            than a certain percent of the weight of the               47 15 U.S.C. 78f(b)(5).




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                                                    43314                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    have high market capitalizations. The                   whether the Exchange receives                            limits would be 25,000 contracts
                                                    FTSE Developed Europe Index is                          information pursuant to a CSA or not,                    (standard limit/on the same side of the
                                                    comprised of 528 component stocks, the                  the Exchange can refer potential                         market) and 15,000 contracts (near-term
                                                    component stocks have a market                          manipulation cases to the Commission.                    limit). The exercise limits for FTSE
                                                    capitalization 7,073,781 (EUR Millions)                 The Exchange notes that it is the                        Developed and FTSE Emerging options
                                                    and average daily volume of over 2.8                    practice today to refer cases to the                     would be equivalent to the position
                                                    billion, and no single component                        Commission when the Exchange does                        limits for EAFE and EM options. These
                                                    comprises more than 5% of the index,                    not have jurisdiction over the                           same position and exercise limits would
                                                    making it not easily subject to market                  potentially offending market                             apply to FLEX trading. All position
                                                    manipulation. Similarly, the FTSE                       participants, and the Exchange is                        limit hedge exemptions would apply.
                                                    Emerging Index is comprised of 973                      unlikely to have jurisdiction over a                     The Exchange would apply existing
                                                    components stocks, the component                        market participant potentially                           index option margin requirements to the
                                                    stocks have a market capitalization of                  manipulating markets on a foreign                        purchase and sale of FTSE Developed
                                                    3,033,757 (USD Millions) and average                    exchange. In addition, it is more than                   and FTSE Emerging options.
                                                    daily volume of over 25 billion, and no                 likely that market participants trading                     The Exchange represents that is has
                                                    single component comprises more than                    on foreign exchanges are subject to anti-                an adequate surveillance program in
                                                    5% of the index, making it not easily                   manipulation laws in those                               place for FTSE Developed and FTSE
                                                    subject to market manipulation. Due to                  jurisdictions,49 which further limits the                Emerging options. The Exchange also
                                                    both indexes having a large number of                   likelihood that these indexes will be                    represents that it has the necessary
                                                    component securities, high market                       manipulated.                                             systems capacity to support the new
                                                    capitalization, and being representative                   FTSE Developed and FTSE Emerging                      option series.
                                                    of many countries, similar to other                     options would be subject to the same                        With regards to the CSA percentage
                                                    broad-based indexes, the Exchange                       rules that currently govern other CBOE                   applicable to EAFE and EM options,
                                                    believes that the initial listing                       index options, including sales practice                  both the MSCI EAFE and MSCI EM
                                                    requirements are appropriate to trade                   rules,50 margin requirements 51 and                      Indexes are not easily susceptible to
                                                    options on these indexes. In addition,                  trading rules.52 The Exchange would                      manipulation. Both indexes are broad-
                                                    similar to other broad-based indexes,                   apply the same default position limits                   based indexes and have high market
                                                    the Exchange proposes to adopt various                  for broad-based index options to FTSE                    capitalizations. The EAFE Index is
                                                    maintenance criteria, which would                       Developed and FTSE Emerging options.                     comprised of 925 component stocks, the
                                                    require continual compliance and                        Specifically, the applicable position                    component stocks have a market
                                                    periodic compliance.                                                                                             capitalization of 12,021,032.52 (USD
                                                       With regards to the CSA percentage                   statement or, where permissible, a person’s              Millions) and average daily volume of
                                                    applicable to FTSE Developed and FTSE                   testimony. The MMOU has significantly enhanced           over 5 billion, and no single component
                                                                                                            the SEC’s enforcement program by increasing and
                                                    Emerging options in particular, the                     expediting the SEC’s ability to obtain information
                                                                                                                                                                     comprises more than 5% of the index,
                                                    purpose of a CSA is to allow the                        from a growing number of jurisdictions worldwide.        making it not easily subject to market
                                                    Exchange to investigate manipulation if                 See SEC’s Cooperative Arrangements with Foreign          manipulation. Similarly, the EM Index
                                                    it were to occur on an exchange at                      Regulators Factsheet, available at: https://             is comprised of 837 components stocks,
                                                                                                            www.sec.gov/about/offices/oia/oia_
                                                    which one of the component securities                   coopfactsheet.htm. A list of the current signatories     the component stocks have a market
                                                    trades. However, as described above, the                to the IOSCO multilateral memorandum of                  capitalization of 3,506,908.00 (USD
                                                    FTSE Developed Europe and FTSE                          understanding is available at: https://www.              Millions) and average daily volume of
                                                                                                            iosco.org/about/?subSection=mmou&subSection              over 25 billion, and no single
                                                    Emerging Indexes are unlikely to be                     1=signatories. A list of the Commission’s
                                                    susceptible to manipulation; thus,                      Cooperative Arrangements with Foreign Regulators         component comprises more than 5% of
                                                    requiring fifty (50%) of the component                  is available at: https://www.sec.gov/about/offices/      the index, making it not easily subject
                                                    securities to be subject to CSAs for the                oia/oia_cooparrangements.shtml.                          to market manipulation. As previously
                                                                                                               49 See, e.g., Article 5 of European Union Directive
                                                    FTSE Developed Europe and the FTSE                                                                               noted, the purpose of a CSA is to allow
                                                                                                            2003/6/EC (stating that member states shall prohibit
                                                    Emerging Indexes is unlikely to affect                  any person from engaging in market manipulation),
                                                                                                                                                                     the Exchange to investigate
                                                    the Exchange’s ability to investigate                   available at: http://eur-lex.europa.eu/legal-content/    manipulation if it were to occur on an
                                                    manipulation. Additionally, the                         EN/ALL/?uri=CELEX%3A32003L0006; Article 15 of            exchange at which one of the
                                                    Commission is in the best position to                   European Union Regulation 596/2014, which                component securities trades. However,
                                                                                                            replaces Directive 2003/6/EC (stating that a person
                                                    investigate potential manipulation                      shall not engage in or attempt to engage in market
                                                                                                                                                                     as described above, the EAFE and EM
                                                    occurring on foreign exchanges because                  manipulation); available at: http://eur-                 Indexes are unlikely to be susceptible to
                                                    the Commission has bilateral and                        lex.europa.eu/legal-content/EN/TXT/                      manipulation; thus, raising the CSA
                                                    multilateral information sharing                        ?uri=CELEX:32014R0596; Article 16 of European            percentage for the EAFE and EM
                                                                                                            Union Regulation 596/2014 (stating that market
                                                    agreements with foreign regulators in                   operators and investment firms that operate a            Indexes to fifty (50%) is unlikely to
                                                    countries all over the world; 48 thus,                  trading venue shall establish and maintain effective     affect the Exchange’s ability to
                                                                                                            arrangements, systems and procedures aimed at            investigate manipulation. Additionally,
                                                      48 For example, the Commission’s own Web site         preventing and detecting insider dealing, market         as noted above, the Commission is in a
                                                    specifically identifies the multilateral memorandum     manipulation and attempted insider dealing and
                                                                                                            market manipulation); Rule 545 of the Stock              prime position to investigate potential
                                                    of understanding created by the International
                                                    organization of Securities Commissions, whereby         Exchange of Hong Kong, available at: https://            manipulation occurring on foreign
                                                    the signatories, including the Commission, agreed:      www.hkex.com.hk/eng/rulesreg/traderules/sehk/            exchanges, and the Exchange can
                                                                                                            Documents/chap-5_eng.pdf; Rule 8.10 of the               always refer investigations to the
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                                                    To provide certain critical information, to permit
                                                    use of that information in civil or administrative      Johannesburg Stock Exchange, available at: https://
                                                                                                            www.jse.co.za/content/JSERulesPoliciesand                Commission. Also, as previously noted,
                                                    proceedings, to onward share information with self-
                                                    regulatory organizations and criminal authorities,      RegulationItems/JSE%20Equities%20Rules.pdf.              equity exchanges are not required to
                                                    and to keep such information confidential. In
                                                                                                               50 See Chapter IX (Doing Business with the            have any CSAs in place to list ETFs that
                                                    particular, the MMOU provides for the following:        Public).                                                 seek to track the EAFE, EM, FTSE
                                                                                                               51 See Chapter XII (Margins).
                                                    Sharing information and documents held in the                                                                    Developed, and FTSE Emerging Indexes,
                                                    regulators’ files; obtaining information and               52 See, e.g., Chapters IV (Business Conduct), VI

                                                    documents regarding transactions in bank and            (Doing Business on the Trading Floor), VIII (Market-
                                                                                                                                                                     and CBOE is not required to have any
                                                    brokerage accounts, and the beneficial owners of        Makers, Trading Crowds and Modified Trading              CSAs in place to list and trade options
                                                    such accounts; and taking or compelling a person’s      Systems) and XXIV (Index Options).                       on an ETF that seeks to track these


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                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                                 43315

                                                    indexes as long as the ETF is listed in                 not required.54 Futures exchanges are                  All submissions should refer to File
                                                    accordance with an equity exchange’s                    similarly not required to have any CSAs                Number SR–CBOE–2016–049.This file
                                                    generic listing criteria under which                    in place to list futures on the EAFE, EM,              number should be included on the
                                                    CSAs are not required. Thus, the                        FTSE Developed and FTSE Emerging                       subject line if email is used. To help the
                                                    proposed CSA percentage promotes just                   Indexes.55 Finally, modifying the                      Commission process and review your
                                                    and equitable principles of trade and a                 maintenance listing criteria applicable                comments more efficiently, please use
                                                    free and open market by more equally                    to EAFE, EM, FTSE 100, and FTSE                        only one method. The Commission will
                                                    applying CSA percentages to similar                     China 50 options as proposed will not                  post all comments on the Commission’s
                                                    products.                                               impose any burden on competition—                      Internet Web site (http://www.sec.gov/
                                                       Finally, with regards to amending the                intermarket or otherwise—because                       rules/sro.shtml). Copies of the
                                                    maintenance listing criteria applicable                 maintenance listing criteria are                       submission, all subsequent
                                                    to EAFE, EM, FTSE 100, and FTSE                         applicable to products, not market                     amendments, all written statements
                                                    China 50 options, the substantive                       participants, and, thus, are unrelated to              with respect to the proposed rule
                                                    analysis of reviewing the listing criteria              competition among market participants.                 change that are filed with the
                                                    set forth in subparagraphs .01(a)(5) and                C. Self-Regulatory Organization’s                      Commission, and all written
                                                    (6), .02(a)(5) and (6), and .03(a)(5) and               Statement on Comments on the                           communications relating to the
                                                    (6) to Rule 24.2 is similar to the analysis             Proposed Rule Change Received From                     proposed rule change between the
                                                    involved in reviewing the listing criteria              Members, Participants, or Others                       Commission and any person, other than
                                                    set forth in subparagraphs .01(a)(7),                                                                          those that may be withheld from the
                                                    .02(a)(7), and .03(a)(7) to Rule 24.2.                    No written comments were solicited                   public in accordance with the
                                                    Thus, it’s appropriate, and generally                   or received with respect to the proposed               provisions of 5 U.S.C. 552, will be
                                                    supportive of the protection of investors               rule change.                                           available for Web site viewing and
                                                    and the public interest, to review those                III. Date of Effectiveness of the                      printing in the Commission’s Public
                                                    criteria at the same time as it strikes the             Proposed Rule Change and Timing for                    Reference Room, 100 F Street NE.,
                                                    appropriate balance between ensuring                    Commission Action                                      Washington, DC 20549 on official
                                                    the Exchange has the ability to access                     Within 45 days of the date of                       business days between the hours of
                                                    information to conduct investigative                    publication of this notice in the Federal              10:00 a.m. and 3:00 p.m. Copies of the
                                                    activities with the Exchange efficiently                Register or within such longer period                  filing also will be available for
                                                    and effectively deploying Exchange                      up to 90 days (i) as the Commission may                inspection and copying at the principal
                                                    resources.                                              designate if it finds such longer period               office of the Exchange. All comments
                                                                                                            to be appropriate and publishes its                    received will be posted without change;
                                                    B. Self-Regulatory Organization’s
                                                                                                            reasons for so finding or (ii) as to which             the Commission does not edit personal
                                                    Statement on Burden on Competition
                                                                                                            the Exchange consents, the Commission                  identifying information from
                                                       CBOE does not believe that the                       will:                                                  submissions. You should submit only
                                                    proposed rule change will impose any                       A. By order approve or disapprove                   information that you wish to make
                                                    burden on competition not necessary or                  such proposed rule change, or                          available publicly. All submissions
                                                    appropriate in furtherance of the                          B. institute proceedings to determine               should refer to File Number SR–CBOE–
                                                    purposes of the Act. Specifically, CBOE                 whether the proposed rule change                       2016–049 and should be submitted on
                                                    believes that the introduction of new                   should be disapproved.                                 or before July 22,2016.
                                                    cash index options will enhance
                                                                                                            IV. Solicitation of Comments                             For the Commission, by the Division of
                                                    competition among market participants
                                                                                                                                                                   Trading and Markets, pursuant to delegated
                                                    and will provide a new type of options                    Interested persons are invited to                    authority.56
                                                    to compete with domestic products such                  submit written data, views, and
                                                    as FTSE Developed Europe and FTSE                       arguments concerning the foregoing,                    Robert W. Errett,
                                                    Emerging Index futures and European-                    including whether the proposed rule                    Deputy Secretary.
                                                    traded derivatives on the FTSE                          change is consistent with the Act.                     [FR Doc. 2016–15716 Filed 6–30–16; 8:45 am]
                                                    Developed Europe and FTSE Emerging                      Comments may be submitted by any of                    BILLING CODE 8011–01–P
                                                    Indexes to the benefit of investors and                 the following methods:
                                                    the marketplace. With regards to the
                                                                                                            Electronic Comments
                                                    CSA percentage applicable to EAFE,                                                                             SECURITIES AND EXCHANGE
                                                    EM, FTSE Developed, and FTSE                              • Use the Commission’s Internet                      COMMISSION
                                                    Emerging options, the Exchange                          comment form (http://www.sec.gov/
                                                    considers this a competitive filing. As                 rules/sro.shtml); or
                                                                                                                                                                   [Release No. 34–78162; File No. SR–
                                                    noted above, equity exchanges are not                     • Send an email to rule-comments@
                                                                                                                                                                   BatsEDGA–2016–14]
                                                    required to have any CSAs in place to                   sec.gov. Please include File Number SR–
                                                    list ETFs that seek to track the EAFE,                  CBOE–2016–049 on the subject line.
                                                                                                                                                                   Self-Regulatory Organizations; Bats
                                                    EM, FTSE Developed, and FTSE                            Paper Comments                                         EDGA Exchange, Inc.; Notice of Filing
                                                    Emerging Indexes.53 Additionally,                                                                              and Immediate Effectiveness of a
                                                                                                              • Send paper comments in triplicate
                                                    CBOE is not required to have any CSAs                   to Secretary, Securities and Exchange                  Proposed Rule Change to Rule 13.8(b)
                                                    in place to list and trade options on an                                                                       Identifying Certain Transactions as the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Commission, 100 F Street NE.,
                                                    ETF that seeks to track these indexes as                Washington, DC 20549–1090.                             Bats One Opening Price or the Bats
                                                    long as the ETF is listed in accordance                                                                        One Closing Price
                                                    with an equity exchange’s generic                         54 SeeRule 5.3.06(C)(i).
                                                    listing criteria under which CSAs are                     55 See,
                                                                                                                                                                   June 27, 2016.
                                                                                                                     e.g., CME Rulebook Chapters 390—E-mini
                                                                                                            FTSE Developed Europe Index Futures and 391—             Pursuant to Section 19(b)(1) of the
                                                      53 See, e.g., NYSE MKT Rule 1000 Commentary           E-mini FTSE Emerging Index Futures; and ICE            Securities Exchange Act of 1934 (the
                                                    .03(a)(B); NYSE Arca Equities Rule 5.2(j)(3)            Futures Chapters 40—MSCI EAFE Mini Index
                                                    Commentary .01(a)(B); NASDAQ Rule                       Futures and 41—MSCI Emerging Markets Mini
                                                                                                                                                                     56 17   CFR 200.30–3(a)(12).
                                                    5705(a)(3)(A)(ii); and BATS Rule 14.11(b)(3)(A)(ii).    Index Futures.



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Document Created: 2016-07-14 11:38:02
Document Modified: 2016-07-14 11:38:02
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 43308 

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