81_FR_95484 81 FR 95236 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Credit Option Margin Pilot Program Through July 18, 2017

81 FR 95236 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Credit Option Margin Pilot Program Through July 18, 2017

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range95236-95238
FR Document2016-31113

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95236-95238]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31113]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79621; File No. SR-CBOE-2016-089]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Extend the Credit Option Margin Pilot Program 
Through July 18, 2017

December 20, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on December 14, 2016, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I and II below, which Items have been prepared by the 
Exchange. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    CBOE proposes to amend Rule 12.3 by extending the Credit Option 
Margin Pilot Program through July 18, 2017.
    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
    On February 2, 2011, the Commission approved the Exchange's 
proposal to establish a Credit Option Margin Pilot Program 
(``Program'').\5\ The proposal became effective on a pilot basis to run 
on a parallel track with Financial Industry Regulatory Authority 
(``FINRA'') Rule 4240 that similarly operates on an interim pilot 
basis.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 63819 (February 2, 
2011), 76 FR 6838 (February 8, 2011) order approving (SR-CBOE-2010-
106). To implement the Program, the Exchange amended Rule 12.3(l), 
Margin Requirements, to make CBOE's margin requirements for Credit 
Options consistent with Financial Industry Regulatory Authority 
(``FINRA'') Rule 4240, Margin Requirements for Credit Default Swaps. 
CBOE's Credit Options (i.e., Credit Default Options and Credit 
Default Basket Options) are analogous to credit default swaps.
    \6\ See Securities Exchange Act Release No. 59955 (May 22, 
2009), 74 FR 25586 (May 28, 2009) (Notice of Filing and Order 
Granting Accelerated Approval of Proposed Rule Change; SR-FINRA-
2009-012).
---------------------------------------------------------------------------

    On January 17, 2012, the Exchange filed a rule change to, among 
other things, decouple the Program with the FINRA program and to extend 
the expiration date of the Program to January 17, 2013.\7\ The Program, 
however, continues to be substantially

[[Page 95237]]

similar to the provisions of the FINRA program. Subsequently, the 
Exchange filed rule changes to extend the program until January 17, 
2014, January 16, 2015, January 15, 2016, and January 17, 2017, 
respectively.\8\ The Exchange believes that extending the expiration 
date of the Program further will allow for further analysis of the 
Program and a determination of how the Program should be structured in 
the future. Thus, the Exchange is now currently proposing to extend the 
duration of the Program for an additional six months until July 18, 
2017.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 66163 (January 17, 
2012), 77 FR 3318 (January 23, 2012) (SR-CBOE-2012-007).
    \8\ See Securities Exchange Act Release Nos. 68539 (December 27, 
2012), 78 FR 138 (January 2, 2013) (SR-CBOE-2012-125), 71124 
(December 18, 2013), 78 FR 77754 (December 24, 2013) (SR-CBOE-2013-
123), 73837 (December 15, 2014), 79 FR 75850 (December 19, 2014) 
(SR-CBOE-2014-091), and 76824 (January 5, 2016), 81 FR 1255 (January 
11, 2016) (SR-CBOE-2015-118).
---------------------------------------------------------------------------

    Additionally, the Exchange believes that it is in the public 
interest to extend the expiration date of the Program because it will 
continue to allow the Exchange to list Credit Options for trading. As a 
result, the Exchange will remain competitive with the Over-the-Counter 
Market with respect to swaps and security-based swaps. In the future, 
if the Exchange proposes an additional extension of the Credit Option 
Margin Pilot Program or proposes to make the Program permanent, then 
the Exchange will submit a filing proposing such amendments to the 
Program.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder applicable to the 
Exchange and, in particular, the requirements of Section 6(b) of the 
Act.\9\ Specifically, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \10\ requirements that the rules of 
an exchange be designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitation transactions in securities, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general, to protect investors and the public interest. 
Additionally, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \11\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

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

    In particular, the Exchange believes that the proposed rule change 
will further the purposes of the Act because, consistent with the goals 
of the Commission at the initial adoption of the Program, the margin 
requirements set forth by the proposed rule change will help to 
stabilize the financial markets. In addition, the proposed rule change 
is substantially similar to existing FINRA Rule 4240.

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

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. Specifically, the Exchange 
believes that, by extending the expiration of the Program, the proposed 
rule change will allow for further analysis of the Program and a 
determination of how the Program shall be structured in the future. In 
doing so, the proposed rule change will also serve to promote 
regulatory clarity and consistency, thereby reducing burdens on the 
marketplace and facilitating investor protection.

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

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

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public 
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was 
filed, or such shorter time as the Commission may designate, it has 
become effective pursuant to Section 19(b)(3)(A) of the Act \12\ and 
Rule 19b-4(f)(6) \13\ thereunder.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and the text of the proposed rule change, 
at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2016-089 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-2016-089. 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

[[Page 95238]]

available publicly. All submissions should refer to File Number SR-
CBOE-2016-089 and should be submitted on or before January 17, 2017.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31113 Filed 12-23-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    95236                      Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices

                                                    Commission hereby waives the 30-day                     Reference Room, 100 F Street NE.,                      I. Self-Regulatory Organization’s
                                                    operative delay and designates the                      Washington, DC 20549, on official                      Statement of the Terms of Substance of
                                                    proposed rule change to be operative on                 business days between the hours of                     the Proposed Rule Change
                                                    December 14, 2016.27                                    10:00 a.m. and 3:00 p.m. Copies of the                    CBOE proposes to amend Rule 12.3 by
                                                       At any time within 60 days of the                    filing also will be available for                      extending the Credit Option Margin
                                                    filing of the proposed rule change, the                 inspection and copying at the principal                Pilot Program through July 18, 2017.
                                                    Commission summarily may                                office of the Exchange. All comments                      The text of the proposed rule change
                                                    temporarily suspend such rule change if                 received will be posted without change;                is available on the Exchange’s Web site
                                                    it appears to the Commission that such
                                                                                                            the Commission does not edit personal                  (http://www.cboe.com/AboutCBOE/
                                                    action is: (i) Necessary or appropriate in
                                                                                                            identifying information from                           CBOELegalRegulatoryHome.aspx), at
                                                    the public interest; (ii) for the protection
                                                                                                            submissions. You should submit only                    the Exchange’s Office of the Secretary,
                                                    of investors; or (iii) otherwise in
                                                                                                            information that you wish to make                      and at the Commission’s Public
                                                    furtherance of the purposes of the Act.
                                                                                                            available publicly. All submissions                    Reference Room.
                                                    If the Commission takes such action, the
                                                    Commission shall institute proceedings                  should refer to File Number SR–BX–                     II. Self-Regulatory Organization’s
                                                    to determine whether the proposed rule                  2016–069 and should be submitted on                    Statement of the Purpose of, and
                                                    should be approved or disapproved.                      or before January 17, 2017.                            Statutory Basis for, the Proposed Rule
                                                    IV. Solicitation of Comments                              For the Commission, by the Division of               Change
                                                                                                            Trading and Markets, pursuant to delegated                In its filing with the Commission, the
                                                      Interested persons are invited to                     authority.28
                                                    submit written data, views, and                                                                                Exchange included statements
                                                    arguments concerning the foregoing,                     Eduardo A. Aleman,                                     concerning the purpose of and basis for
                                                    including whether the proposed rule                     Assistant Secretary.                                   the proposed rule change and discussed
                                                    change is consistent with the Act.                      [FR Doc. 2016–31107 Filed 12–23–16; 8:45 am]           any comments it received on the
                                                    Comments may be submitted by any of                     BILLING CODE 8011–01–P
                                                                                                                                                                   proposed rule change. The text of these
                                                    the following methods:                                                                                         statements may be examined at the
                                                                                                                                                                   places specified in Item IV below. The
                                                    Electronic Comments                                                                                            Exchange has prepared summaries, set
                                                                                                            SECURITIES AND EXCHANGE
                                                      • Use the Commission’s Internet                       COMMISSION                                             forth in sections A, B, and C below, of
                                                    comment form (http://www.sec.gov/                                                                              the most significant aspects of such
                                                    rules/sro.shtml); or                                                                                           statements.
                                                                                                            [Release No. 34–79621; File No. SR–CBOE–
                                                      • Send an email to rule-                                                                                     A. Self-Regulatory Organization’s
                                                                                                            2016–089]
                                                    comments@sec.gov. Please include File                                                                          Statement of the Purpose of, and
                                                    Number SR–BX–2016–069 on the                            Self-Regulatory Organizations;                         Statutory Basis for, the Proposed Rule
                                                    subject line.                                                                                                  Change
                                                                                                            Chicago Board Options Exchange,
                                                    Paper Comments                                          Incorporated; Notice of Filing and                     1. Purpose
                                                      • Send paper comments in triplicate                   Immediate Effectiveness of a Proposed
                                                                                                            Rule Change To Extend the Credit                          On February 2, 2011, the Commission
                                                    to Brent J. Fields, Secretary, Securities
                                                                                                            Option Margin Pilot Program Through                    approved the Exchange’s proposal to
                                                    and Exchange Commission, 100 F Street
                                                                                                            July 18, 2017                                          establish a Credit Option Margin Pilot
                                                    NE., Washington, DC 20549–1090.
                                                                                                                                                                   Program (‘‘Program’’).5 The proposal
                                                    All submissions should refer to File                    December 20, 2016.                                     became effective on a pilot basis to run
                                                    Number SR–BX–2016–069. This file                                                                               on a parallel track with Financial
                                                    number should be included on the                           Pursuant to Section 19(b)(1) of the
                                                                                                                                                                   Industry Regulatory Authority
                                                    subject line if email is used. To help the              Securities Exchange Act of 1934 (the
                                                                                                                                                                   (‘‘FINRA’’) Rule 4240 that similarly
                                                    Commission process and review your                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 operates on an interim pilot basis.6
                                                    comments more efficiently, please use                   notice is hereby given that on December                   On January 17, 2012, the Exchange
                                                    only one method. The Commission will                    14, 2016, Chicago Board Options                        filed a rule change to, among other
                                                    post all comments on the Commission’s                   Exchange, Incorporated (the ‘‘Exchange’’               things, decouple the Program with the
                                                    Internet Web site (http://www.sec.gov/                  or ‘‘CBOE’’) filed with the Securities                 FINRA program and to extend the
                                                    rules/sro.shtml).                                       and Exchange Commission (the                           expiration date of the Program to
                                                      Copies of the submission, all                         ‘‘Commission’’) the proposed rule                      January 17, 2013.7 The Program,
                                                    subsequent amendments, all written                      change as described in Items I and II                  however, continues to be substantially
                                                    statements with respect to the proposed                 below, which Items have been prepared
                                                    rule change that are filed with the                     by the Exchange. The Exchange filed the                   5 See Securities Exchange Act Release No. 63819
                                                    Commission, and all written                             proposal as a ‘‘non-controversial’’                    (February 2, 2011), 76 FR 6838 (February 8, 2011)
                                                    communications relating to the                          proposed rule change pursuant to
                                                                                                                                                                   order approving (SR–CBOE–2010–106). To
                                                    proposed rule change between the                                                                               implement the Program, the Exchange amended
                                                                                                            Section 19(b)(3)(A)(iii) of the Act 3 and              Rule 12.3(l), Margin Requirements, to make CBOE’s
                                                    Commission and any person, other than                                                                          margin requirements for Credit Options consistent
                                                                                                            Rule 19b–4(f)(6) thereunder.4 The
                                                    those that may be withheld from the                                                                            with Financial Industry Regulatory Authority
                                                    public in accordance with the                           Commission is publishing this notice to                (‘‘FINRA’’) Rule 4240, Margin Requirements for
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    provisions of 5 U.S.C. 552, will be                     solicit comments on the proposed rule                  Credit Default Swaps. CBOE’s Credit Options (i.e.,
                                                    available for Web site viewing and                      change from interested persons.                        Credit Default Options and Credit Default Basket
                                                                                                                                                                   Options) are analogous to credit default swaps.
                                                    printing in the Commission’s Public                                                                               6 See Securities Exchange Act Release No. 59955

                                                                                                              28 17 CFR 200.30–3(a)(12).                           (May 22, 2009), 74 FR 25586 (May 28, 2009) (Notice
                                                      27 For purposes only of waiving the operative           1 15                                                 of Filing and Order Granting Accelerated Approval
                                                                                                                   U.S.C. 78s(b)(1).
                                                    delay for this proposal, the Commission has                                                                    of Proposed Rule Change; SR–FINRA–2009–012).
                                                                                                              2 17 CFR 240.19b–4.
                                                    considered the proposed rule’s impact on                                                                          7 See Securities Exchange Act Release No. 66163
                                                                                                              3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                    efficiency, competition, and capital formation. See                                                            (January 17, 2012), 77 FR 3318 (January 23, 2012)
                                                    15 U.S.C. 78c(f).                                         4 17 CFR 240.19b–4(f)(6).                            (SR–CBOE–2012–007).



                                               VerDate Sep<11>2014   20:45 Dec 23, 2016   Jkt 241001   PO 00000   Frm 00139   Fmt 4703    Sfmt 4703   E:\FR\FM\27DEN1.SGM   27DEN1


                                                                               Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices                                               95237

                                                    similar to the provisions of the FINRA                  to permit unfair discrimination between                   temporarily suspend such rule change if
                                                    program. Subsequently, the Exchange                     customers, issuers, brokers, or dealers.                  it appears to the Commission that such
                                                    filed rule changes to extend the program                  In particular, the Exchange believes                    action is necessary or appropriate in the
                                                    until January 17, 2014, January 16, 2015,               that the proposed rule change will                        public interest, for the protection of
                                                    January 15, 2016, and January 17, 2017,                 further the purposes of the Act because,                  investors, or otherwise in furtherance of
                                                    respectively.8 The Exchange believes                    consistent with the goals of the                          the purposes of the Act. If the
                                                    that extending the expiration date of the               Commission at the initial adoption of                     Commission takes such action, the
                                                    Program further will allow for further                  the Program, the margin requirements                      Commission will institute proceedings
                                                    analysis of the Program and a                           set forth by the proposed rule change                     to determine whether the proposed rule
                                                    determination of how the Program                        will help to stabilize the financial                      change should be approved or
                                                    should be structured in the future. Thus,               markets. In addition, the proposed rule                   disapproved.
                                                    the Exchange is now currently                           change is substantially similar to
                                                                                                                                                                      IV. Solicitation of Comments
                                                    proposing to extend the duration of the                 existing FINRA Rule 4240.
                                                    Program for an additional six months                                                                                Interested persons are invited to
                                                                                                            B. Self-Regulatory Organization’s                         submit written data, views, and
                                                    until July 18, 2017.                                    Statement on Burden on Competition
                                                       Additionally, the Exchange believes                                                                            arguments concerning the foregoing,
                                                    that it is in the public interest to extend               CBOE does not believe that the                          including whether the proposed rule
                                                    the expiration date of the Program                      proposed rule change will impose any                      change is consistent with the Act.
                                                    because it will continue to allow the                   burden on competition that is not                         Comments may be submitted by any of
                                                    Exchange to list Credit Options for                     necessary or appropriate in furtherance                   the following methods:
                                                    trading. As a result, the Exchange will                 of the purposes of the Act. Specifically,
                                                                                                                                                                      Electronic Comments
                                                    remain competitive with the Over-the-                   the Exchange believes that, by extending
                                                                                                            the expiration of the Program, the                          • Use the Commission’s Internet
                                                    Counter Market with respect to swaps                                                                              comment form (http://www.sec.gov/
                                                    and security-based swaps. In the future,                proposed rule change will allow for
                                                                                                            further analysis of the Program and a                     rules/sro.shtml); or
                                                    if the Exchange proposes an additional                                                                              • Send an email to rule-comments@
                                                    extension of the Credit Option Margin                   determination of how the Program shall
                                                                                                            be structured in the future. In doing so,                 sec.gov. Please include File Number SR–
                                                    Pilot Program or proposes to make the                                                                             CBOE–2016–089 on the subject line.
                                                    Program permanent, then the Exchange                    the proposed rule change will also serve
                                                    will submit a filing proposing such                     to promote regulatory clarity and                         Paper Comments
                                                                                                            consistency, thereby reducing burdens
                                                    amendments to the Program.                                                                                           • Send paper comments in triplicate
                                                                                                            on the marketplace and facilitating                       to Secretary, Securities and Exchange
                                                    2. Statutory Basis                                      investor protection.                                      Commission, 100 F Street, NE.,
                                                       The Exchange believes the proposed                   C. Self-Regulatory Organization’s                         Washington, DC 20549–1090.
                                                    rule change is consistent with the Act                  Statement on Comments on the                              All submissions should refer to File
                                                    and the rules and regulations                           Proposed Rule Change Received From                        Number SR–CBOE–2016–089. This file
                                                    thereunder applicable to the Exchange                   Members, Participants, or Others                          number should be included on the
                                                    and, in particular, the requirements of                                                                           subject line if email is used. To help the
                                                    Section 6(b) of the Act.9 Specifically,                   The Exchange neither solicited nor
                                                                                                            received comments on the proposed                         Commission process and review your
                                                    the Exchange believes the proposed rule                                                                           comments more efficiently, please use
                                                    change is consistent with the Section                   rule change.
                                                                                                                                                                      only one method. The Commission will
                                                    6(b)(5) 10 requirements that the rules of               III. Date of Effectiveness of the                         post all comments on the Commission’s
                                                    an exchange be designed to prevent                      Proposed Rule Change and Timing for                       Internet Web site (http://www.sec.gov/
                                                    fraudulent and manipulative acts and                    Commission Action                                         rules/sro.shtml). Copies of the
                                                    practices, to promote just and equitable                   Because the foregoing proposed rule                    submission, all subsequent
                                                    principles of trade, to foster cooperation              change does not:                                          amendments, all written statements
                                                    and coordination with persons engaged                      A. Significantly affect the protection                 with respect to the proposed rule
                                                    in regulating, clearing, settling,                      of investors or the public interest;                      change that are filed with the
                                                    processing information with respect to,                    B. impose any significant burden on                    Commission, and all written
                                                    and facilitation transactions in                        competition; and                                          communications relating to the
                                                    securities, to remove impediments to                       C. become operative for 30 days from                   proposed rule change between the
                                                    and perfect the mechanism of a free and                 the date on which it was filed, or such                   Commission and any person, other than
                                                    open market and a national market                       shorter time as the Commission may                        those that may be withheld from the
                                                    system, and, in general, to protect                     designate, it has become effective                        public in accordance with the
                                                    investors and the public interest.                      pursuant to Section 19(b)(3)(A) of the                    provisions of 5 U.S.C. 552, will be
                                                    Additionally, the Exchange believes the                 Act 12 and Rule 19b–4(f)(6) 13                            available for Web site viewing and
                                                    proposed rule change is consistent with                 thereunder.                                               printing in the Commission’s Public
                                                    the Section 6(b)(5) 11 requirement that                    At any time within 60 days of the                      Reference Room, 100 F Street NE.,
                                                    the rules of an exchange not be designed                filing of the proposed rule change, the                   Washington, DC 20549 on official
                                                                                                            Commission summarily may                                  business days between the hours of
                                                      8 See Securities Exchange Act Release Nos. 68539
                                                                                                                                                                      10:00 a.m. and 3:00 p.m. Copies of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (December 27, 2012), 78 FR 138 (January 2, 2013)          12 15  U.S.C. 78s(b)(3)(A).
                                                    (SR–CBOE–2012–125), 71124 (December 18, 2013),            13 17
                                                                                                                                                                      filing also will be available for
                                                                                                                     CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                    78 FR 77754 (December 24, 2013) (SR–CBOE–2013–          4(f)(6) requires a self-regulatory organization to give
                                                                                                                                                                      inspection and copying at the principal
                                                    123), 73837 (December 15, 2014), 79 FR 75850            the Commission written notice of its intent to file       office of the Exchange. All comments
                                                    (December 19, 2014) (SR–CBOE–2014–091), and             the proposed rule change, along with a brief              received will be posted without change;
                                                    76824 (January 5, 2016), 81 FR 1255 (January 11,        description and the text of the proposed rule
                                                    2016) (SR–CBOE–2015–118).                                                                                         the Commission does not edit personal
                                                                                                            change, at least five business days prior to the date
                                                      9 15 U.S.C. 78f(b).
                                                                                                            of filing of the proposed rule change, or such
                                                                                                                                                                      identifying information from
                                                      10 15 U.S.C. 78f(b)(5).
                                                                                                            shorter time as designated by the Commission. The         submissions. You should submit only
                                                      11 Id.                                                Exchange has satisfied this requirement.                  information that you wish to make


                                               VerDate Sep<11>2014   20:45 Dec 23, 2016   Jkt 241001   PO 00000   Frm 00140   Fmt 4703   Sfmt 4703   E:\FR\FM\27DEN1.SGM    27DEN1


                                                    95238                      Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices

                                                    available publicly. All submissions                     order institutes proceedings under                         Matching System.11 All other messages,
                                                    should refer to File Number SR–CBOE–                    Section 19(b)(2)(B) of the Exchange Act 7                  including liquidity providing orders
                                                    2016–089 and should be submitted on                     to determine whether to approve or                         (i.e., orders that would not immediately
                                                    or before January 17,2017.                              disapprove the proposed rule change.                       execute against resting orders) and
                                                      For the Commission, by the Division of                                                                           cancel messages for resting orders,
                                                                                                            II. Summary of the Proposal
                                                    Trading and Markets, pursuant to delegated                                                                         would be immediately processed
                                                    authority.14                                            A. Description                                             without delay.
                                                    Eduardo A. Aleman,                                        The LTAD would require all new                              Each delayable message would be
                                                    Assistant Secretary.                                    incoming orders 8 received during the                      diverted into the LTAD queue and
                                                    [FR Doc. 2016–31113 Filed 12–23–16; 8:45 am]            Open Trading State 9 that could                            would remain delayed until it is
                                                                                                            immediately execute against one or                         released for processing. A delayed
                                                    BILLING CODE 8011–01–P
                                                                                                            more resting orders on the CHX book, as                    message would become releasable 350
                                                                                                            well as certain related cancel messages,                   microseconds after initial receipt by the
                                                    SECURITIES AND EXCHANGE                                 to be intentionally delayed for 350                        Exchange (‘‘Fixed LTAD Period’’), and
                                                    COMMISSION                                              microseconds before such delayed                           would be processed only after the
                                                                                                            messages would be processed 10 by the                      Matching System has evaluated and
                                                    [Release No. 34–79608; File No. SR–CHX–                                                                            processed, if applicable, all messages in
                                                    2016–16]                                                (‘‘Hudson River Trading Letter’’); (4) Beste Bidd,         the security received by the Exchange
                                                                                                            Trader, dated October 9, 2016 (‘‘Beste Bidd Letter’’);     during the Fixed LTAD Period for the
                                                    Self-Regulatory Organizations;                          (5) Joanna Mallers, Secretary, FIA Principal Traders       delayed message.12 A message may be
                                                    Chicago Stock Exchange, Inc.; Order                     Group, dated October 13, 2016 (‘‘FIA PTG Letter’’);
                                                                                                                                                                       delayed for longer than the Fixed LTAD
                                                    Instituting Proceedings To Determine                    (6) John L. Thornton, Co-Chair, Hal S. Scott,
                                                                                                            Director, and R. Glenn Hubbard, Co-Chair,                  Period depending on the then-current
                                                    Whether To Approve or Disapprove a                      Committee on Capital Markets Regulation, dated             messaging volume in the security,
                                                    Proposed Rule Change To Adopt the                       October 13, 2016 (‘‘Committee on Capital Markets           according to the Exchange.13
                                                    CHX Liquidity Taking Access Delay                       Letter’’); (7) Adam C. Cooper, Senior Managing
                                                                                                            Director and Chief Legal Officer, Citadel Securities,      B. Purpose of the LTAD
                                                    December 20, 2016.                                      dated October 13, 2016 (‘‘Citadel Letter’’); (8) Tyler
                                                                                                            Gellasch, Executive Director, Healthy Markets                 The Exchange states that it designed
                                                    I. Introduction                                         Association, dated October 13, 2016 (‘‘HMA                 and proposed the LTAD to respond to
                                                                                                            Letter’’); (9) Eric Budish, Professor of Economics,        declines in CHX volume and size at the
                                                       On September 6, 2016, the Chicago                    University of Chicago Booth School of Business,
                                                    Stock Exchange, Inc. (‘‘CHX’’ or                        dated October 13, 2016 (‘‘Budish Letter’’); (10)           national best bid or offer (‘‘NBBO’’) in
                                                    ‘‘Exchange’’) filed with the Securities                 Elizabeth K. King, General Counsel and Corporate           the SPDR S&P 500 trust exchange-traded
                                                    and Exchange Commission                                 Secretary, New York Stock Exchange, dated October          fund (‘‘SPY’’) between January 2016 and
                                                                                                            14, 2016 (‘‘NYSE Letter’’); (11) James J. Angel,           July 2016, which it attributes to latency
                                                    (‘‘Commission’’), pursuant to Section                   Associate Professor, McDonough School of
                                                    19(b)(1) of the Securities Exchange Act                 Business, Georgetown University, dated October 16,         arbitrage activity in SPY.14 CHX defines
                                                    of 1934 (‘‘Exchange Act’’) 1 and Rule                   2016 (‘‘Angel Letter’’); (12) Eric Swanson, EVP,           ‘‘latency arbitrage’’ as the practice of
                                                    19b–4 thereunder,2 a proposed rule                      General Counsel and Secretary, Bats Global                 exploiting disparities in the price of a
                                                                                                            Markets, Inc., dated October 25, 2016 (‘‘Bats              security or related securities that are
                                                    change to adopt the CHX Liquidity                       Letter’’); (13) Eric Pritchett, Chief Executive Officer,
                                                    Taking Access Delay (‘‘LTAD’’). The                     Potamus Trading LLC, dated October 26, 2016                being traded in different markets by
                                                    proposed rule change was published for                  (‘‘Potamus Letter’’); (14) James Ongena, Executive         taking advantage of the time it takes to
                                                    comment in the Federal Register on                      Vice President and General Counsel, CHX, dated             access and respond to market
                                                                                                            October 28, 2016 (‘‘CHX Response’’); (15) Steve            information.15
                                                    September 22, 2016.3 On November 1,                     Crutchfield, Head of Market Structure, CTC Trading
                                                    2016, pursuant to Section 19(b)(2) of the               Group, L.L.C., dated November 1, 2016 (‘‘CTC                  The Exchange asserts that much of the
                                                    Exchange Act,4 the Commission                           Letter’’); (16) Boris Ilyevsky, Brokerage Director,        CHX liquidity in SPY and other S&P
                                                    designated a longer period within which                 Interactive Brokers LLC, dated November 7, 2016            500-correlated securities is provided as
                                                                                                            (‘‘IB Letter’’); (17) Alex Jacobson, dated November        part of an arbitrage strategy between
                                                    to approve the proposed rule change,                    9, 2016 (‘‘Jacobson Letter’’); (18) Brian Donnelly,
                                                    disapprove the proposed rule change, or                 Founder and Chief Executive Officer, Volant                CHX and the futures markets, whereby
                                                    institute proceedings to determine                      Trading, dated November 28, 2016 (‘‘Volant                 liquidity providers utilize, among other
                                                    whether to disapprove the proposed                      Letter’’); (19) R.T. Leuchtkafer, dated December 14,       things, proprietary algorithms to price
                                                                                                            2016 (‘‘Leuchtkafer Letter 2’’); and (20) Theodore R.      and size resting orders on CHX to track
                                                    rule change.5 The Commission received                   Lazo, Managing Director and Associate General
                                                    20 comments on the proposed rule                        Counsel, Securities Industry and Financial Markets         index market data from a derivatives
                                                    change, including a response to certain                 Association, dated December 16, 2016 (‘‘SIFMA              market (e.g., E-Mini S&P traded on the
                                                    comment letters by the Exchange.6 This                  Letter’’). All of the comment letters are available at:    Chicago Mercantile Exchange’s Globex
                                                                                                            https://www.sec.gov/comments/sr-chx-2016-16/               trading platform).16 According to the
                                                                                                            chx201616.shtml.
                                                      14 17 CFR 200.30–3(a)(12).                               7 15 U.S.C. 78s(b)(2)(B).                               Exchange, prior to the beginning of the
                                                      1 15 U.S.C. 78s(b)(1).                                   8 ‘‘New incoming orders’’ are orders received by        SPY latency arbitrage activity, which
                                                      2 17 CFR 240.19b–4.
                                                                                                            the Matching System for the first time. The LTAD           CHX first observed in January of 2016,
                                                      3 See Securities Exchange Act Release No. 78860
                                                                                                            would not apply to other situations where existing         CHX volume and liquidity in SPY
                                                    (September 16, 2016), 81 FR 65442 (‘‘Notice’’).         orders or portions thereof are treated as incoming
                                                      4 15 U.S.C. 78s(b)(2).                                orders, such as (1) resting orders that are price slid
                                                                                                                                                                       Matching System pursuant to the terms of the order
                                                      5 See Securities Exchange Act Release No. 79216,      into a new price point pursuant to the CHX Only
                                                                                                                                                                       or cancelling an existing order. See Notice, supra
                                                    81 FR 78228 (November 7, 2016). The Commission          Price Sliding or Limit Up-Limit Down Price Sliding
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                       note 3, 81 FR at 65443, n.7.
                                                    designated December 21, 2016, as the date by which      Processes and (2) unexecuted remainders of routed            11 ‘‘Matching System’’ means the automated order
                                                    the Commission shall either approve or disapprove,      orders released into the Matching System. See
                                                                                                            Notice, supra note 3, 81 FR at 65443, n.5.                 execution system, which is part of CHX’s ‘‘Trading
                                                    or institute proceedings to determine whether to
                                                                                                                                                                       Facilities’’ as defined under CHX Article 1, Rule
                                                    disapprove, the proposed rule change.                      9 ‘‘Open Trading State’’ means the period of time
                                                                                                                                                                       1(z). See id. at 65443, n.8.
                                                      6 See letters from: (1) Douglas A. Cifu, Chief        during the regular trading session when orders are           12 See id. at 65444.
                                                    Executive Officer, Virtu Financial, dated September     eligible for automatic execution. See CHX Article 1,
                                                                                                                                                                         13 See id. at 65444, text accompanying n.35.
                                                    21, 2016 (‘‘Virtu Letter’’); (2) R.T. Leuchtkafer,      Rule 1(qq).
                                                                                                                                                                         14 See id. at 65443.
                                                    dated September 29, 2016 (‘‘Leuchtkafer Letter 1’’);       10 ‘‘Processed’’ means executing instructions
                                                                                                                                                                         15 See id. at 65443, n.3.
                                                    (3) Adam Nunes, Head of Business Development,           contained in a message, including, but not limited
                                                    Hudson River Trading LLC, dated October 6, 2016         to, permitting an order to execute within the                16 See id. at 65443, n.10.




                                               VerDate Sep<11>2014   20:45 Dec 23, 2016   Jkt 241001   PO 00000   Frm 00141   Fmt 4703    Sfmt 4703   E:\FR\FM\27DEN1.SGM      27DEN1



Document Created: 2018-02-14 09:14:05
Document Modified: 2018-02-14 09:14:05
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 95236 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR