81_FR_81422 81 FR 81200 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule

81 FR 81200 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 222 (November 17, 2016)

Page Range81200-81202
FR Document2016-27590

Federal Register, Volume 81 Issue 222 (Thursday, November 17, 2016)
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81200-81202]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27590]



[[Page 81200]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79279; File No. SR-CBOE-2016-074]


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

November 10, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 27, 2016, Chicago Board Options Exchange, Incorporated 
(``CBOE'' or the ``Exchange'') 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 text of the proposed rule change is available on the Exchange's 
Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 
at the Exchange's Office of the Secretary, and at the Commission's 
Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule. Specifically, the 
Exchange proposes to amend its Fees Schedule with respect to waiving 
transaction fees incurred as a result of transactions that compress or 
reduce certain Clearing Trading Permit Holder (``TPH'') open positions.
    By way of background, SEC Rule 15c3-1, Net Capital Requirements for 
Brokers or Dealers (``Net Capital Rules''), requires that every 
registered broker-dealer maintain certain specified minimum levels of 
capital. The primary purpose of these rules is to regulate the ability 
of broker-dealers to meet their financial obligations to customers and 
other creditors. All of the broker-dealers that are clearing members of 
the Options Clearing Corporation (``OCC'') are subject to the Net 
Capital Rules. However, a subset of OCC's clearing members are 
subsidiaries of U.S. bank holding companies and these broker-dealers, 
through their affiliation with their parent U.S. bank holding 
companies, must also comply with bank regulatory capital requirements 
pursuant to rule-making required under the Dodd-Frank Wall Street 
Reform and Consumer Protection Act (``Dodd-Frank''). Recent rule-making 
enacted under Dodd-Frank now requires U.S. bank holding companies to 
hold substantially more bank regulatory capital than would otherwise be 
required under the Net Capital Rules. Additionally, due to the large 
contract size of S&P 500 Index (``SPX'') options, open interest in 
certain SPX series can result in extremely large bank regulatory 
capital requirements, even though the positions incur minimal 
requirements under the Net Capital Rules. As such, transactions that 
would result in the closing of this open interest have a beneficial 
impact on the bank regulatory capital requirements of the Clearing 
TPH's parent company with a minimal impact on regulatory capital 
required under the capital rules. The Exchange notes that most of these 
open positions are in out-of-the-money options and certain spread 
positions that are essentially riskless strategies because they have 
little or no market exposure. Particularly, the Exchange notes that 
given the nature of these options, there is minimal chance for large 
losses to occur, yet these positions are still subject to large bank 
regulatory capital requirements. Exchange transaction fees, however, if 
not waived, could discourage market participants from closing these 
positions out even though those market participants may also prefer to 
close them rather than carry them to expiration.\3\ Accordingly, in 
order to encourage the compression of certain out-of-the-money and 
riskless option positions, the Exchange previously adopted a rebate of 
all transactions fees for transactions that close these positions, 
provided they meet certain criteria, as described more fully below.\4\
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    \3\ For example, an out-of-the-money SPX option market-maker 
transaction may be worth only a few pennies per contract, but would 
cost approximately $0.33 per contract ($0.20 transaction fee plus 
$0.13 SPX Index License Surcharge) to close out.
    \4\ See Securities Exchange Act Release No. 76842 (January 6, 
2016) 81 FR 1455 (January 12, 2016) (SR-CBOE-2015-117).
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    The rebate of transaction fees \5\ is currently limited to those 
transactions that the Exchange believes would have the greatest impact 
on bank regulatory capital requirements but are also constrained to 
those positions that have little economic risk associated with them. 
Specifically, to be eligible for a rebate, a transaction must be: (i) 
For a complex order with at least five (5) different series in S&P 500 
Index (SPX) options, SPX Weeklys (SPXW) options or p.m.-settled SPX 
options (SPXPM), (ii) a closing-only transaction or, if the transaction 
involves a Firm order (origin code ``F''), an opening transaction 
executed to facilitate a compression of option positions for a market-
maker or joint-back office (``JBO'') account; (iii) for a position with 
a required capital charge equal to the minimum capital charge under OCC 
rules RBH Calculator or a position comprised of option series with a 
delta of ten (10) or less and (iv) entered between the first business 
day following a quarterly expiration through the last business day of 
that quarter.\6\ To receive a rebate, a rebate request with supporting 
documentation must also be submitted to the Exchange within 3 business 
days of the transactions. The Exchange proposes to amend the last 
criteria (i.e., the time period for which a Trading Permit Holder can 
enter these transactions and be eligible for the rebate). Specifically, 
the Exchange proposes to provide that in addition to meeting the first 
three criteria described above, the transaction would be eligible for a 
rebate if entered on any of the final three (3) trading days of any 
calendar month. The proposed rule change allows TPHs to mitigate their 
regulatory capital requirements on a monthly basis, instead of 
quarterly.
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    \5\ Rebate of transaction fees would include the transaction fee 
assessed along with any other surcharges assessed per contract 
(e.g., the Index License Surcharge).
    \6\ For example, the third quarter of 2016 standard-Friday 
expiration occurred on September 16, 2016. For that quarter, 
qualifying transactions needed to be entered no earlier than 
September 19, 2016 and no later than September 30, 2016.

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[[Page 81201]]

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\7\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \8\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitation 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with 
Section 6(b)(4) of the Act,\9\ which requires that Exchange rules 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its Trading Permit Holders and other persons using 
its facilities.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes providing a rebate of fees for transactions 
that compress certain out-of-the-money and riskless options positions 
is reasonable, equitable and not unfairly discriminatory because these 
positions would result in extremely large bank regulatory capital 
requirements for Clearing TPHs even though there is minimal chance for 
large losses to occur. Additionally, these positions have little or no 
economic benefit to the TPHs that hold the positions, who would likely 
prefer to close them but for the associated transaction fees. The fee 
rebate therefore allows TPHs to close out of these positions that are 
needlessly burdensome on themselves and Clearing TPHs.
    The Exchange believes the proposed rule change is reasonable, 
equitable and not unfairly discriminatory because TPHs can now mitigate 
their regulatory capital requirements on a monthly basis, instead of 
quarterly. The proposed change would encourage the closing of positions 
at the end of each month that needlessly result in burdensome capital 
requirements that, once closed, would alleviate the capital requirement 
constraints on TPHs and improve overall market liquidity by freeing 
capital currently tied up in certain out-of-the-money and riskless 
positions. The Exchange also notes that the proposed amended 
requirement would apply to all TPHs seeking a rebate for these 
transactions.

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

    The Exchange does not believe that the proposed rule changes will 
impose any burden on competition that are not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange does not 
believe that the proposed rule change will impose any burden on 
intramarket competition that is not necessary or appropriate in 
furtherance of the Act because it applies to all market participants in 
the same manner with positions that meet the eligible criteria. The 
proposed change would encourage the closing of positions, on a monthly 
basis, that needlessly result in burdensome capital requirements that, 
once closed, would alleviate the capital requirement constraints on 
TPHs and improve overall market liquidity by freeing capital currently 
tied up in certain out-of-the-money and riskless positions. The 
Exchange does not believe that the proposed rule change will impose any 
burden on intermarket competition that is not necessary or appropriate 
in furtherance of the purposes of the Act because the proposed rule 
change applies only to CBOE. To the extent that the proposed change 
makes CBOE a more attractive marketplace for market participants at 
other exchanges, such market participants are welcome to become CBOE 
market participants.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \10\ and paragraph (f) of Rule 19b-4 \11\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f).
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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-2016-074 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2016-074. 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 such 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-2016-074, and should be 
submitted on or before December 8, 2016.

[[Page 81202]]

For the Commission, by the Division of Trading and Markets, pursuant to 
delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).

Brent J. Fields,
Secretary.
[FR Doc. 2016-27590 Filed 11-16-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    81200                      Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices

                                                    SECURITIES AND EXCHANGE                                  transaction fees incurred as a result of              order to encourage the compression of
                                                    COMMISSION                                               transactions that compress or reduce                  certain out-of-the-money and riskless
                                                                                                             certain Clearing Trading Permit Holder                option positions, the Exchange
                                                    [Release No. 34–79279; File No. SR–CBOE–
                                                    2016–074]                                                (‘‘TPH’’) open positions.                             previously adopted a rebate of all
                                                                                                                By way of background, SEC Rule                     transactions fees for transactions that
                                                    Self-Regulatory Organizations;                           15c3–1, Net Capital Requirements for                  close these positions, provided they
                                                    Chicago Board Options Exchange,                          Brokers or Dealers (‘‘Net Capital                     meet certain criteria, as described more
                                                    Incorporated; Notice of Filing and                       Rules’’), requires that every registered              fully below.4
                                                    Immediate Effectiveness of a Proposed                    broker-dealer maintain certain specified                 The rebate of transaction fees 5 is
                                                    Rule Change To Amend the Fees                            minimum levels of capital. The primary                currently limited to those transactions
                                                    Schedule                                                 purpose of these rules is to regulate the             that the Exchange believes would have
                                                    November 10, 2016.                                       ability of broker-dealers to meet their               the greatest impact on bank regulatory
                                                       Pursuant to Section 19(b)(1) of the                   financial obligations to customers and                capital requirements but are also
                                                    Securities Exchange Act of 1934                          other creditors. All of the broker-dealers            constrained to those positions that have
                                                    (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                  that are clearing members of the Options              little economic risk associated with
                                                    notice is hereby given that on October                   Clearing Corporation (‘‘OCC’’) are                    them. Specifically, to be eligible for a
                                                    27, 2016, Chicago Board Options                          subject to the Net Capital Rules.
                                                                                                                                                                   rebate, a transaction must be: (i) For a
                                                    Exchange, Incorporated (‘‘CBOE’’ or the                  However, a subset of OCC’s clearing
                                                                                                                                                                   complex order with at least five (5)
                                                    ‘‘Exchange’’) filed with the Securities                  members are subsidiaries of U.S. bank
                                                                                                                                                                   different series in S&P 500 Index (SPX)
                                                    and Exchange Commission                                  holding companies and these broker-
                                                                                                                                                                   options, SPX Weeklys (SPXW) options
                                                    (‘‘Commission’’) the proposed rule                       dealers, through their affiliation with
                                                                                                             their parent U.S. bank holding                        or p.m.-settled SPX options (SPXPM),
                                                    change as described in Items I, II, and
                                                                                                             companies, must also comply with bank                 (ii) a closing-only transaction or, if the
                                                    III below, which Items have been
                                                                                                             regulatory capital requirements                       transaction involves a Firm order (origin
                                                    prepared by the Exchange. The
                                                    Commission is publishing this notice to                  pursuant to rule-making required under                code ‘‘F’’), an opening transaction
                                                    solicit comments on the proposed rule                    the Dodd-Frank Wall Street Reform and                 executed to facilitate a compression of
                                                    change from interested persons.                          Consumer Protection Act (‘‘Dodd-                      option positions for a market-maker or
                                                                                                             Frank’’). Recent rule-making enacted                  joint-back office (‘‘JBO’’) account; (iii)
                                                    I. Self-Regulatory Organization’s                                                                              for a position with a required capital
                                                                                                             under Dodd-Frank now requires U.S.
                                                    Statement of the Terms of Substance of                                                                         charge equal to the minimum capital
                                                                                                             bank holding companies to hold
                                                    the Proposed Rule Change                                                                                       charge under OCC rules RBH Calculator
                                                                                                             substantially more bank regulatory
                                                       The text of the proposed rule change                  capital than would otherwise be                       or a position comprised of option series
                                                    is available on the Exchange’s Web site                  required under the Net Capital Rules.                 with a delta of ten (10) or less and (iv)
                                                    (http://www.cboe.com/AboutCBOE/                          Additionally, due to the large contract               entered between the first business day
                                                    CBOELegalRegulatoryHome.aspx), at                        size of S&P 500 Index (‘‘SPX’’) options,              following a quarterly expiration through
                                                    the Exchange’s Office of the Secretary,                  open interest in certain SPX series can               the last business day of that quarter.6 To
                                                    and at the Commission’s Public                           result in extremely large bank regulatory             receive a rebate, a rebate request with
                                                    Reference Room.                                          capital requirements, even though the                 supporting documentation must also be
                                                    II. Self-Regulatory Organization’s                       positions incur minimal requirements                  submitted to the Exchange within 3
                                                    Statement of the Purpose of, and                         under the Net Capital Rules. As such,                 business days of the transactions. The
                                                    Statutory Basis for, the Proposed Rule                   transactions that would result in the                 Exchange proposes to amend the last
                                                    Change                                                   closing of this open interest have a                  criteria (i.e., the time period for which
                                                       In its filing with the Commission, the                beneficial impact on the bank regulatory              a Trading Permit Holder can enter these
                                                    Exchange included statements                             capital requirements of the Clearing                  transactions and be eligible for the
                                                    concerning the purpose of and basis for                  TPH’s parent company with a minimal                   rebate). Specifically, the Exchange
                                                    the proposed rule change and discussed                   impact on regulatory capital required                 proposes to provide that in addition to
                                                    any comments it received on the                          under the capital rules. The Exchange                 meeting the first three criteria described
                                                    proposed rule change. The text of these                  notes that most of these open positions               above, the transaction would be eligible
                                                    statements may be examined at the                        are in out-of-the-money options and
                                                                                                                                                                   for a rebate if entered on any of the final
                                                    places specified in Item IV below. The                   certain spread positions that are
                                                                                                                                                                   three (3) trading days of any calendar
                                                    Exchange has prepared summaries, set                     essentially riskless strategies because
                                                                                                             they have little or no market exposure.               month. The proposed rule change
                                                    forth in sections A, B, and C below, of                                                                        allows TPHs to mitigate their regulatory
                                                    the most significant aspects of such                     Particularly, the Exchange notes that
                                                                                                             given the nature of these options, there              capital requirements on a monthly basis,
                                                    statements.                                                                                                    instead of quarterly.
                                                                                                             is minimal chance for large losses to
                                                    A. Self-Regulatory Organization’s                        occur, yet these positions are still
                                                    Statement of the Purpose of, and the                     subject to large bank regulatory capital              $0.33 per contract ($0.20 transaction fee plus $0.13
                                                    Statutory Basis for, the Proposed Rule                                                                         SPX Index License Surcharge) to close out.
                                                                                                             requirements. Exchange transaction                       4 See Securities Exchange Act Release No. 76842
                                                    Change                                                   fees, however, if not waived, could                   (January 6, 2016) 81 FR 1455 (January 12, 2016)
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    1. Purpose                                               discourage market participants from                   (SR–CBOE–2015–117).
                                                                                                             closing these positions out even though                  5 Rebate of transaction fees would include the
                                                       The Exchange proposes to amend its                    those market participants may also                    transaction fee assessed along with any other
                                                    Fees Schedule. Specifically, the                         prefer to close them rather than carry                surcharges assessed per contract (e.g., the Index
                                                    Exchange proposes to amend its Fees                                                                            License Surcharge).
                                                                                                             them to expiration.3 Accordingly, in                     6 For example, the third quarter of 2016 standard-
                                                    Schedule with respect to waiving                                                                               Friday expiration occurred on September 16, 2016.
                                                                                                               3 For example, an out-of-the-money SPX option       For that quarter, qualifying transactions needed to
                                                      1 15 U.S.C. 78s(b)(1).                                 market-maker transaction may be worth only a few      be entered no earlier than September 19, 2016 and
                                                      2 17 CFR 240.19b–4.                                    pennies per contract, but would cost approximately    no later than September 30, 2016.



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                                                                               Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices                                               81201

                                                    2. Statutory Basis                                       of-the-money and riskless positions. The                  Commission takes such action, the
                                                       The Exchange believes the proposed                    Exchange also notes that the proposed                     Commission will institute proceedings
                                                    rule change is consistent with the                       amended requirement would apply to                        to determine whether the proposed rule
                                                    Securities Exchange Act of 1934 (the                     all TPHs seeking a rebate for these                       change should be approved or
                                                    ‘‘Act’’) and the rules and regulations                   transactions.                                             disapproved.
                                                    thereunder applicable to the Exchange                    B. Self-Regulatory Organization’s                         IV. Solicitation of Comments
                                                    and, in particular, the requirements of                  Statement on Burden on Competition
                                                    Section 6(b) of the Act.7 Specifically,                                                                              Interested persons are invited to
                                                                                                                The Exchange does not believe that                     submit written data, views, and
                                                    the Exchange believes the proposed rule
                                                                                                             the proposed rule changes will impose                     arguments concerning the foregoing,
                                                    change is consistent with the Section
                                                                                                             any burden on competition that are not                    including whether the proposed rule
                                                    6(b)(5) 8 requirements that the rules of
                                                                                                             necessary or appropriate in furtherance                   change is consistent with the Act.
                                                    an exchange be designed to prevent
                                                                                                             of the purposes of the Act. The                           Comments may be submitted by any of
                                                    fraudulent and manipulative acts and
                                                                                                             Exchange does not believe that the                        the following methods:
                                                    practices, to promote just and equitable
                                                    principles of trade, to foster cooperation               proposed rule change will impose any
                                                                                                             burden on intramarket competition that                    Electronic Comments
                                                    and coordination with persons engaged
                                                                                                             is not necessary or appropriate in
                                                    in regulating, clearing, settling,                                                                                   • Use the Commission’s Internet
                                                    processing information with respect to,                  furtherance of the Act because it applies
                                                                                                                                                                       comment form (http://www.sec.gov/
                                                    and facilitation transactions in                         to all market participants in the same
                                                                                                                                                                       rules/sro.shtml); or
                                                    securities, to remove impediments to                     manner with positions that meet the
                                                                                                             eligible criteria. The proposed change                      • Send an email to rule-comments@
                                                    and perfect the mechanism of a free and                                                                            sec.gov. Please include File Number SR–
                                                    open market and a national market                        would encourage the closing of
                                                                                                             positions, on a monthly basis, that                       CBOE–2016–074 on the subject line.
                                                    system, and, in general, to protect
                                                    investors and the public interest.                       needlessly result in burdensome capital                   Paper Comments
                                                    Additionally, the Exchange believes the                  requirements that, once closed, would
                                                                                                             alleviate the capital requirement                           • Send paper comments in triplicate
                                                    proposed rule change is consistent with
                                                                                                             constraints on TPHs and improve                           to Brent J. Fields, Secretary, Securities
                                                    Section 6(b)(4) of the Act,9 which
                                                                                                             overall market liquidity by freeing                       and Exchange Commission, 100 F Street
                                                    requires that Exchange rules provide for
                                                                                                             capital currently tied up in certain out-                 NE., Washington, DC 20549–1090.
                                                    the equitable allocation of reasonable
                                                    dues, fees, and other charges among its                  of-the-money and riskless positions. The                  All submissions should refer to File
                                                    Trading Permit Holders and other                         Exchange does not believe that the                        Number SR–CBOE–2016–074. This file
                                                    persons using its facilities.                            proposed rule change will impose any                      number should be included on the
                                                       The Exchange believes providing a                     burden on intermarket competition that                    subject line if email is used. To help the
                                                    rebate of fees for transactions that                     is not necessary or appropriate in                        Commission process and review your
                                                    compress certain out-of-the-money and                    furtherance of the purposes of the Act                    comments more efficiently, please use
                                                    riskless options positions is reasonable,                because the proposed rule change                          only one method. The Commission will
                                                    equitable and not unfairly                               applies only to CBOE. To the extent that                  post all comments on the Commission’s
                                                    discriminatory because these positions                   the proposed change makes CBOE a                          Internet Web site (http://www.sec.gov/
                                                    would result in extremely large bank                     more attractive marketplace for market                    rules/sro.shtml). Copies of the
                                                    regulatory capital requirements for                      participants at other exchanges, such                     submission, all subsequent
                                                    Clearing TPHs even though there is                       market participants are welcome to                        amendments, all written statements
                                                    minimal chance for large losses to                       become CBOE market participants.                          with respect to the proposed rule
                                                    occur. Additionally, these positions                     C. Self-Regulatory Organization’s                         change that are filed with the
                                                    have little or no economic benefit to the                Statement on Comments on the                              Commission, and all written
                                                    TPHs that hold the positions, who                        Proposed Rule Change Received From                        communications relating to the
                                                    would likely prefer to close them but for                Members, Participants, or Others                          proposed rule change between the
                                                    the associated transaction fees. The fee                                                                           Commission and any person, other than
                                                    rebate therefore allows TPHs to close                      The Exchange neither solicited nor
                                                                                                                                                                       those that may be withheld from the
                                                    out of these positions that are needlessly               received comments on the proposed
                                                                                                                                                                       public in accordance with the
                                                    burdensome on themselves and Clearing                    rule change.
                                                                                                                                                                       provisions of 5 U.S.C. 552, will be
                                                    TPHs.                                                    III. Date of Effectiveness of the                         available for Web site viewing and
                                                       The Exchange believes the proposed                    Proposed Rule Change and Timing for                       printing in the Commission’s Public
                                                    rule change is reasonable, equitable and                 Commission Action                                         Reference Room, 100 F Street NE.,
                                                    not unfairly discriminatory because                                                                                Washington, DC 20549 on official
                                                    TPHs can now mitigate their regulatory                      The foregoing rule change has become
                                                                                                             effective pursuant to Section 19(b)(3)(A)                 business days between the hours of
                                                    capital requirements on a monthly basis,                                                                           10:00 a.m. and 3:00 p.m. Copies of such
                                                    instead of quarterly. The proposed                       of the Act 10 and paragraph (f) of Rule
                                                                                                             19b-4 11 thereunder. At any time within                   filing also will be available for
                                                    change would encourage the closing of                                                                              inspection and copying at the principal
                                                    positions at the end of each month that                  60 days of the filing of the proposed rule
                                                                                                             change, the Commission summarily may                      office of the Exchange. All comments
                                                    needlessly result in burdensome capital                                                                            received will be posted without change;
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    requirements that, once closed, would                    temporarily suspend such rule change if
                                                                                                             it appears to the Commission that such                    the Commission does not edit personal
                                                    alleviate the capital requirement                                                                                  identifying information from
                                                    constraints on TPHs and improve                          action is necessary or appropriate in the
                                                                                                             public interest, for the protection of                    submissions. You should submit only
                                                    overall market liquidity by freeing                                                                                information that you wish to make
                                                    capital currently tied up in certain out-                investors, or otherwise in furtherance of
                                                                                                             the purposes of the Act. If the                           available publicly. All submissions
                                                      7 15 U.S.C. 78f(b).
                                                                                                                                                                       should refer to File Number SR–CBOE–
                                                      8 15 U.S.C. 78f(b)(5).                                   10 15   U.S.C. 78s(b)(3)(A).                            2016–074, and should be submitted on
                                                      9 15 U.S.C. 78f(b)(4).                                   11 17   CFR 240.19b-4(f).                               or before December 8, 2016.


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                                                    81202                       Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices

                                                    For the Commission, by the Division of                    in Item IV below. FINRA has prepared                    all OATS event types.6 FINRA noted
                                                    Trading and Markets, pursuant to                          summaries, set forth in sections A, B,                  that it ‘‘is deferring the implementation
                                                    delegated authority.12                                    and C below, of the most significant                    of this requirement to report a sequence
                                                                                                              aspects of such statements.                             number for new orders.’’ 7 In this
                                                    Brent J. Fields,
                                                                                                                                                                      proposed rule change, FINRA is
                                                    Secretary.                                                A. Self-Regulatory Organization’s
                                                                                                              Statement of the Purpose of, and                        proposing that the requirement that
                                                    [FR Doc. 2016–27590 Filed 11–16–16; 8:45 am]
                                                                                                              Statutory Basis for, the Proposed Rule                  ATSs report a sequence number when
                                                    BILLING CODE 8011–01–P
                                                                                                              Change                                                  reporting new orders not be
                                                                                                                                                                      implemented on November 7, 2016.
                                                                                                              1. Purpose                                                 FINRA anticipates filing a proposed
                                                    SECURITIES AND EXCHANGE
                                                    COMMISSION                                                   In May 2016, the SEC approved Rule                   rule change with the SEC in the near
                                                                                                              4554 to further enhance FINRA’s ability                 future to extend the requirement to
                                                    [Release No. 34–79289; File No. SR–FINRA–
                                                    2016–041]                                                 to reconstruct an ATS’s order book and                  report a sequence number beyond order
                                                                                                              better perform its order-based                          receipt because, without a sequence
                                                    Self-Regulatory Organizations;                            surveillance, which includes                            number on all order events, FINRA is
                                                    Financial Industry Regulatory                             surveillance for layering, quote                        unable to properly sequence events
                                                    Authority, Inc.; Notice of Filing and                     spoofing, and mid-point pricing                         when a single ATS MPID reports order
                                                    Immediate Effectiveness of a Proposed                     manipulation. To accomplish this, Rule                  events in the same symbol with
                                                    Rule Change Relating to the                               4554 requires ATSs to report order                      identical timestamps. However, because
                                                    Implementation Date for Alternative                       information for each order they receive                 a proposed rule change has not yet been
                                                    Trading Systems To Report Sequence                        in an NMS stock beyond that set forth                   filed, FINRA is filing this proposed rule
                                                    Numbers Under Rule 4554                                   in the OATS rules, such as order re-                    change to delay the implementation of
                                                                                                              pricing events (e.g., changes to an order               the requirement in Rule 4554(b)(8) that
                                                    November 10, 2016.                                        that is pegged to the National Best Bid                 ATSs report the sequence number
                                                       Pursuant to Section 19(b)(1) of the                    or Offer (‘‘NBBO’’)) and order display                  assigned to the order event by the ATS’s
                                                    Securities Exchange Act of 1934                           and reserve size information.4 Rule 4554                matching engine at the time of order
                                                    (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                   sets forth four categories of reporting                 receipt. FINRA will announce the
                                                    notice is hereby given that on November                   requirements: (1) Data to be reported by                implementation date for this
                                                    8. 2016, Financial Industry Regulatory                    all ATSs at the time of order receipt; (2)              requirement at the time it announces the
                                                    Authority, Inc. (‘‘FINRA’’) filed with the                data to be reported by all ATSs at the                  implementation date for the extension
                                                    Securities and Exchange Commission                        time of order execution; (3) data to be                 of the requirement to all OATS order
                                                    (‘‘SEC’’ or ‘‘Commission’’) the proposed                  reported by ATSs that display                           events.
                                                    rule change as described in Items I and                   subscriber orders; and (4) data specific
                                                    II below, which Items have been                                                                                      FINRA has filed the proposed rule
                                                                                                              to ATSs that are registered as ADF                      change for immediate effectiveness and
                                                    prepared by FINRA. FINRA has                              Trading Centers.
                                                    designated the proposed rule change as                                                                            has requested that the SEC waive the
                                                    constituting a ‘‘non-controversial’’ rule                    Rule 4554(b) requires that all ATSs                  requirement that the proposed rule
                                                    change under paragraph (f)(6) of Rule                     report eight categories of information at               change not become operative for 30 days
                                                    19b–4 under the Act,3 which renders                       the time of order receipt, including the                after the date of the filing, so FINRA can
                                                    the proposal effective upon receipt of                    sequence number assigned to the order                   implement the proposed rule change
                                                    this filing by the Commission.                            event by the ATS’s matching engine.5                    immediately.
                                                                                                              When FINRA announced the SEC’s
                                                    I. Self-Regulatory Organization’s                         approval of Rule 4554, it established an                2. Statutory Basis
                                                    Statement of the Terms of the Substance                   implementation date of November 7,
                                                    of the Proposed Rule Change                               2016; however, FINRA noted that it                        FINRA believes that the proposed rule
                                                                                                              anticipated submitting a proposed rule                  change is consistent with the provisions
                                                       FINRA is proposing to delay
                                                                                                              change to the SEC that would require                    of Section 15A(b)(6) of the Act,8 which
                                                    implementation of Rule 4554(b)(8). The
                                                                                                              ATSs to provide a sequence number for                   requires, among other things, that
                                                    proposed rule change would not make
                                                                                                                                                                      FINRA rules must be designed to
                                                    any other changes to FINRA rules.
                                                       The proposed rule change does not                        4 See Securities Exchange Act Release No. 77798       prevent fraudulent and manipulative
                                                    make any changes to the text of FINRA                     (May 10, 2016), 81 FR 30395 (May 16, 2016) (SR–         acts and practices, to promote just and
                                                    rules.
                                                                                                              FINRA–2016–010). Some of these requirements do          equitable principles of trade, and, in
                                                                                                              not apply to all ATSs.                                  general, to protect investors and the
                                                                                                                5 Rule 4554(b)(8). Rule 4554(b) also requires all
                                                    II. Self-Regulatory Organization’s                                                                                public interest. FINRA believes the
                                                                                                              ATSs, at the time of order receipt, to report: (1)
                                                    Statement of the Purpose of, and                          Whether the ATS displays subscriber orders outside      proposed rule change is consistent with
                                                    Statutory Basis for, the Proposed Rule                    of the ATS and, if the ATS displays subscriber          the Act in that it will provide ATSs with
                                                    Change                                                    orders outside of the ATS, whether subscriber           additional time to implement the
                                                                                                              orders are displayed to subscribers only, or are
                                                       In its filing with the Commission,                     distributed for publication in the consolidated
                                                                                                                                                                      requirement in Rule 4554(b)(8) and will
                                                    FINRA included statements concerning                      quotation data; (2) whether the ATS is an ADF           not require ATSs to begin reporting the
                                                    the purpose of and basis for the                          Trading Center as defined in FINRA Rule 6220; (3)       sequence number assigned to the order
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              whether the order can be routed away from the ATS       event by the ATS’s matching engine at
                                                    proposed rule change and discussed any                    for execution; (4) whether there are any counter-
                                                    comments it received on the proposed                      party restrictions on the order; (5) a unique           the time of order receipt until such time
                                                    rule change. The text of these statements                 identifier representing the specific order type other   as sequence numbers are required for all
                                                    may be examined at the places specified                   than market and limit orders that have no other         OATS event types.
                                                                                                              special handling instructions; (6) the NBBO (or
                                                      12 17
                                                                                                              relevant reference price) in effect at the time of
                                                            CFR 200.30–3(a)(12).                              order receipt and the timestamp of when the ATS
                                                                                                                                                                        6 See Regulatory Notice 16–28, at n.3 (August
                                                      1 15 U.S.C. 78s(b)(1).                                                                                          2016).
                                                                                                              captured the effective NBBO (or relevant reference
                                                      2 17 CFR 240.19b–4.                                                                                               7 Id.
                                                                                                              price); and (7) the market data feed the ATS used
                                                      3 17 CFR 240.19b–4(f)(6).                               to obtain the NBBO (or relevant reference price).         8 15 U.S.C. 78o–3(b)(6).




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Document Created: 2016-11-17 02:59:54
Document Modified: 2016-11-17 02:59:54
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 81200 

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