82_FR_11323 82 FR 11290 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Related to Rule 24.9(e)

82 FR 11290 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Related to Rule 24.9(e)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 33 (February 21, 2017)

Page Range11290-11293
FR Document2017-03302

Federal Register, Volume 82 Issue 33 (Tuesday, February 21, 2017)
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Notices]
[Pages 11290-11293]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03302]



[[Page 11290]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80037; File No. SR-CBOE-2017-014]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing of a Proposed Rule Change Related to 
Rule 24.9(e)

February 14, 2017.
    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 February 13, 2017, 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, 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 Exchange seeks to amend Rule 24.9(e). The text of the proposed 
rule change is provided below (additions are italicized; deletions are 
[bracketed]).
* * * * *

Chicago Board Options Exchange, Incorporated Rules

* * * * *

Rule 24.9. Terms of Index Option Contracts

    (a)-(d) No change.
    (e) Nonstandard Expirations Pilot Program
    (1) Weekly Expirations. The Exchange may open for trading Weekly 
Expirations on any broad-based index eligible for standard options 
trading to expire on any Monday, Wednesday, or Friday (other than the 
third Friday-of-the-month or days that coincide with an EOM 
expiration). Weekly Expirations shall be subject to all provisions of 
this Rule and treated the same as options on the same underlying index 
that expire on the third Friday of the expiration month; provided, 
however, that Weekly Expirations shall be P.M.-settled and new series 
in Weekly Expirations may be added up to and including on the 
expiration date for an expiring Weekly Expiration.
    The maximum number of expirations that may be listed for each 
Weekly Expiration (i.e., a Monday expiration, Wednesday expiration, or 
Friday expiration, as applicable) in a given class is the same as the 
maximum number of expirations permitted in Rule 24.9 (a)(2) for 
standard options on the same broad-based index. [Other than expirations 
that are third Friday-of-the-month or that coincide with an EOM 
expiration,] Weekly Expirations [shall] need not be for consecutive 
Monday, Wednesday, or Friday expirations as applicable; however, the 
expiration date of a non-consecutive expiration may not be beyond what 
would be considered the last expiration date if the maximum number of 
expirations were listed consecutively. Weekly Expirations that are 
first listed in a given class may expire up to four weeks from the 
actual listing date. If the last trading day of a month is a Monday, 
Wednesday, or Friday and the Exchange lists EOMs and Weekly Expirations 
as applicable in a given class, the Exchange will list an EOM instead 
of a Weekly Expiration in the given class. Other expirations in the 
same class are not counted as part of the maximum number of Weekly 
Expirations for a broad-based index class. If the Exchange is not open 
for business on a respective Monday, the normally Monday expiring 
Weekly Expirations will expire on the following business day. If the 
Exchange is not open for business on a respective Wednesday or Friday, 
the normally Wednesday or Friday expiring Weekly Expirations will 
expire on the previous business day.
    (2) End of Month (``EOM'') Expirations. The Exchange may open for 
trading EOMs on any broad-based index eligible for standard options 
trading to expire on last trading day of the month. EOMs shall be 
subject to all provisions of this Rule and treated the same as options 
on the same underlying index that expire on the third Friday of the 
expiration month; provided, however, that EOMs shall be P.M.-settled 
and new series in EOMs may be added up to and including on the 
expiration date for an expiring EOM.
    The maximum number of expirations that may be listed for EOMs in a 
given class is the same as the maximum number of expirations permitted 
in Rule 24.9 (a)(2) for standard options on the same broad-based index. 
EOM expirations [shall] need not be for consecutive end of month 
expirations; however, the expiration date of a non-consecutive 
expiration may not be beyond what would be considered the last 
expiration date if the maximum number of expirations were listed 
consecutively. EOMs that are first listed in a given class may expire 
up to four weeks from the actual listing date. Other expirations in the 
same class are not counted as part of the maximum numbers of EOM 
expirations for a broad-based index class.
    (3) Duration of Nonstandard Expirations Pilot Program. The 
Nonstandard Expirations Pilot Program shall be through May 3, 2017.
    (4) Weekly Expirations and EOM Trading Hours on the Last Trading 
Day. On the last trading day, transactions in expiring Weekly 
Expirations and EOMs may be effected on the Exchange between the hours 
of 8:30 a.m. (Chicago time) and 3:00 p.m. (Chicago time).
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On September 14, 2010, the Commission approved a CBOE proposal to 
establish a pilot program under which the Exchange is permitted to list 
P.M.-settled options on broad-based indexes to expire on (a) any Friday 
of the month, other than the third Friday-of-the-month (``EOWs''), and 
(b) the last trading day of the month (``EOM'').\3\ On January 14, 
2016, the Commission approved a CBOE proposal to expand the pilot 
program to list P.M.-settled options on broad-based indexes that expire 
on any Wednesday of the month (``WEDs'') and to rename the End of Week/
End of Month Expirations Pilot Program to the Nonstandard Expirations

[[Page 11291]]

Pilot Program.\4\ On August 10, 2016, the Commission approved a CBOE 
proposal to expand the pilot program to list P.M.-settled options on 
broad-based indexes that expire on any Monday of the month 
(``MONs'').\5\
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    \3\ See Securities Exchange Act Release No. 62911 (September 14, 
2010), 75 FR 57539 (September 21, 2010) (order approving SR-CBOE-
2009-075).
    \4\ See Securities Exchange Act Release No. 76909 (January 14, 
2016), 81 FR 3512 (January 21, 2016) (order approving SR-CBOE-2015-
106).
    \5\ See Securities Exchange Act Release No. 78531 (August 10, 
2016), 81 FR 54643 (August 16, 2016) (order approving SR-CBOE-2016-
046).
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    Currently, other than expirations that are third Friday-of-the-
month or that coincide with an EOM expiration, Weekly Expirations 
(i.e., MONs, WEDs, and EOWs) must be for consecutive Monday, Wednesday, 
or Friday expirations as applicable.\6\ Similarly, EOM expirations must 
be for consecutive end of months.\7\ The purpose of this filing is to 
eliminate the consecutive expiration restriction for the listing of 
Weekly Expirations and EOMs.
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    \6\ See Rule 24.9(e)(1).
    \7\ See Rule 24.9(e)(2).
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    The maximum number of expirations that may be listed for each 
Weekly Expiration (i.e., a Monday expiration, Wednesday expiration, or 
Friday expiration, as applicable) and EOM in a given class is the same 
as the maximum number of expirations permitted in Rule 24.9(a)(2) for 
standard options on the same broad-based index.\8\ Thus, for Weekly 
Expirations and EOM expirations in the SPX options class (which trade 
under the symbol SPXW), the MONs, WEDs, EOWs, and EOMs each may have 12 
expirations (i.e. a total of 48 expirations in all four programs).\9\ 
However, the Exchange does not currently exercise its discretion to 
list all 12 expirations in each Weekly Expiration and EOM program--
opting instead to introduce additional expirations as customer demand 
dictates. Typically, the Exchange lists four MONs, six WEDs, and seven 
EOWs in SPXW options.\10\
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    \8\ See Rules 24.9(e)(1) and (2).
    \9\ See Rule 24.9(a)(2) (specifying that the Exchange may list 
up to 12 standard monthly expirations at any one time for any class 
that the Exchange (as the Reporting Authority) uses to calculate a 
volatility index). The Exchange uses the SPX class to calculate a 
volatility index; thus, pursuant to Rules 24.9(e)(1) and (2), the 
MONs, WEDs, EOWs, and EOMs each may have 12 expirations.
    \10\ See CBOE Regulatory Circulars RG16-053 (extending SPXW WEDs 
to four expirations and reducing SPXW EOWs to seven expirations) and 
RG16-157 (expanding SPXW WEDs to six expirations and SPXW MONs to 
four expirations). Although RG16-157 indicates that there are five 
SPXW Monday Expirations, the October 31, 2016 expiration with a 
listing date of May 2, 2016 is technically an EOM expiration listed 
pursuant to the EOM program and should not have been identified as 
being listed pursuant to the Weekly Expirations program. See Rule 
24.9(e)(1) and (2).
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    The Exchange has received repeated customer interest to list Weekly 
Expirations and EOMs that expire in the mid-term (as opposed to long-
term expirations contemplated by Long-Term Index Option Series 
(``LEAPS'') \11\ and short-term expirations that are encompassed by the 
Exchange's current listing schedule to include four MONs, six WEDs, and 
seven EOWs in SPXW) in order to utilize SPXW options to provide a 
financial hedge for impactful economic events, such as domestic and 
international elections. In order to meet customer demand and continue 
to effectively manage the listing process, the Exchange is seeking the 
ability to list Weekly Expirations and EOMs non-consecutively.
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    \11\ See Rule 24.9(e). LEAPS expire from 12 to 180 months from 
the date of issuance.
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    Currently, the Exchange is able to add additional expirations (up 
to 12 expirations as noted above) in one or more of the Weekly 
Expirations; however, customer demand for SPXW listings exceeds the 
Exchange's current listing practices of maintaining four MONs, six 
WEDs, and seven EOWs in SPXW and often beyond 12 expirations. More 
importantly, the customer demand is for expirations near a certain 
future economically impactful event (e.g., a national election)--not 
every expiration between the current date and that particular event. 
Thus, instead of listing all 12 EOWs, for example, to reach a certain 
event, the Exchange believes the marketplace would be better served by 
allowing the Exchange to list EOWs (or the other Weekly Expirations or 
EOMs) non-consecutively because listing expirations non-consecutively 
allows the Exchange to list fewer expirations (particularly those with 
less customer demand), limiting potential burdens on liquidity 
providers to quote in the relevant option classes. Listing expirations 
non-consecutively also allows the Exchange to use its considerable 
experience to list expirations that will offer all market participants 
the ability to use SPXW options, for example, to hedge a future 
economic event. Simply put, as with the expansion of the Pilot to MONs 
and WEDs, non-consecutive expirations will expand hedging tools 
available to market participants and allow market participants to 
tailor their investment or hedging needs more effectively.
    Although this proposal gives the Exchange the ability to list 
expirations non-consecutively, the proposal is narrowly tailored as it 
only applies to the Nonstandard Expirations Pilot Program (i.e., Weekly 
Expirations and EOMs), which may only include broad-based index options 
eligible for standard options trading. In fact, the Exchange currently 
only lists Nonstandard Expirations in three classes: S&P 500 Index 
options under symbol SPXW, CBOE Mini S&P 500 Index options under symbol 
XSP, and Russell 2000 Index options under symbol RUTW. Furthermore, the 
Exchange only lists MONs and WEDs in SPXW; EOWs in SPXW, RUTW, and XSP; 
and EOMs in SPXW and RUTW. Thus, nearly every options class will remain 
unaffected by this proposal. Even within the Nonstandard Expirations 
program, the Exchange believes the vast majority of expirations will 
continue to be listed consecutively because the majority of trading 
interest is in the nearer term weeks. More importantly, however, as an 
expiration that was originally listed non-consecutively gets closer to 
expiration, the particular expiration falls in line with the exchange's 
regular listing schedule. For example, if the Exchange regularly has 
seven EOWs listed consecutively, with each passing week one of the 
listings expires and another expiration is added. In this way, as the 
weeks pass, any expiration that is added non-consecutively (in this 
case the eighth expiration) will eventually become the seventh 
expiration and thus become a consecutive expiration.
    Additionally, the Exchange notes that the proposal will not affect 
the total expirations for MONs, WEDs, EOWs, or EOMs. The maximum number 
of expirations that may be listed for each Weekly Expiration (i.e., a 
Monday expiration, Wednesday expiration, or Friday expiration, as 
applicable) and EOMs in a given class will continue to be the same as 
the maximum number of expirations permitted in Rule 24.9(a)(2) for 
standard options on the same broad-based index.\12\ As previously 
noted, in SPXW, the maximum number of expirations is 12.
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    \12\ See e.g., Rules 24.9(e).
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    The Exchange also notes that the proposal will not affect the 
maximum duration (i.e., the maximum time from listing to expiration) of 
Weekly Expirations or EOMs. For example, under the current rule, if the 
exchange were to list all 12 WEDs in SPXW, the 12th WED expiration 
would expire 11 weeks from the nearest term expiration (assuming, for 
example, there are no EOMs that coincide with the WEDs in SPXW).\13\ To 
further illustrate the

[[Page 11292]]

current rule, assume that on Monday February 6, 2017, the nearest term 
WED expiration in SPXW expires on February 8, 2017. Also assume the 
Exchange lists all 12 WEDs in SPXW. In this example, the 12th 
expiration would expire on April 26, 2017. In order to ensure that this 
proposal does not affect the maximum duration of the expirations, the 
Exchange proposes to specify in Rule 24.9(e)(1) and (2) that the 
expiration date of a non-consecutive expiration may not be beyond what 
would be considered the last expiration date if the maximum number of 
expirations were listed consecutively. Under the proposed rule (as with 
the current rule), the April 26th expiration in the above example is 
the farthest expiration that could be listed. The only difference 
between the current rule and this proposal is that under the current 
rule the exchange would have to list all 12 expirations in order to 
list the April 26th expiration in the above example, and under the 
proposed rule the Exchange would be able to list the April 26th 
expiration without the requirement to, for example, list the April 19th 
expiration.
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    \13\ As stated in Rule 24.9(e)(1) if the last trading day of a 
month is a Monday, Wednesday, or Friday and the Exchange lists EOMs 
and Weekly Expirations as applicable in a given class, the Exchange 
will list an EOM instead of a Weekly Expiration in the given class.
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    The annual Pilot report provided to the Securities and Exchange 
Commission (``Commission'') will include any Weekly Expirations and 
EOMs, regardless of whether the expirations are listed consecutively or 
non-consecutively.
    In sum, the proposal will allow market participants to better plan 
for future economic events; will allow market participants to tailor 
their investment or hedging needs more effectively; will allow the 
Exchange to list expirations in a way that limits potential burdens on 
liquidity providers quoting in the affected classes; does not increase 
the allowable number of total expirations for Nonstandard Expirations; 
and is narrowly tailored to apply only to the Nonstandard Expiration 
Pilot Program (in which only three classes currently participate).
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.\14\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \15\ 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 facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \16\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
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    In particular, the Exchange believes the Nonstandard Expirations 
Pilot has been successful to date and that allowing non-consecutive 
expirations will simply expand the ability of investors to hedge risks 
against market movements stemming from future economic events, which in 
general, helps to protect investors and the public interest. Similarly, 
the Exchange believes non-consecutive expirations will create greater 
trading and hedging opportunities and flexibility, and provide 
customers with the ability to more closely tailor their investment 
objectives. The Exchange also believe that the proposal will allow the 
Exchange to list expirations in a way that limits potential burdens on 
liquidity providers quoting in the affected classes, which helps remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system.

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 does 
not believe the proposal will impose any burden on intramarket 
competition as all market participants will be treated in the same 
manner. Any perceived burden on Market-Makers is unfounded as the 
proposal does not increase the total number of expirations that can be 
listed under the Nonstandard Expirations Pilot Program. In fact, the 
proposal may alleviate potential burdens on Market-Makers quoting in 
the affected classes as listing non-consecutively allows the Exchange 
to avoid listing expirations that are in less demand. Additionally, the 
Exchange does not believe the proposal will impose any burden on 
intermarket competition because the proposed rule change relates solely 
to the listing of series pursuant to a CBOE pilot program, and market 
participants on other exchanges are welcome to become Trading Permit 
Holders and trade at CBOE if they determine that this proposed rule 
change has made CBOE more attractive or favorable. Finally, although 
the majority of the Exchange's broad-based index options are 
exclusively-listed at CBOE, all options exchanges are free to compete 
by listing and trading their own broad-based index options with Weekly 
Expirations and EOM expirations.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2017-014 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-2017-014. This file 
number should be included on the

[[Page 11293]]

subject line if email is used. To help the Commission process and 
review your comments more efficiently, please use only one method. The 
Commission will post all comments on the Commission's Internet Web site 
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all 
subsequent amendments, all written statements with respect to the 
proposed rule change that are filed with the Commission, and all 
written communications relating to the proposed rule change between the 
Commission and any person, other than those that may be withheld from 
the public in accordance with the provisions of 5 U.S.C. 552, will be 
available for Web site viewing and printing in the Commission's Public 
Reference Room, 100 F Street NE., Washington, DC 20549, on official 
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of 
the filing also will be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-CBOE-2017-014, and should be submitted on or before 
March 14, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03302 Filed 2-17-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                11290                          Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices

                                                SECURITIES AND EXCHANGE                                    Expiration (i.e., a Monday expiration,                weeks from the actual listing date. Other
                                                COMMISSION                                                 Wednesday expiration, or Friday                       expirations in the same class are not
                                                                                                           expiration, as applicable) in a given                 counted as part of the maximum
                                                [Release No. 34–80037; File No. SR–CBOE–
                                                                                                           class is the same as the maximum                      numbers of EOM expirations for a
                                                2017–014]
                                                                                                           number of expirations permitted in Rule               broad-based index class.
                                                Self-Regulatory Organizations;                             24.9 (a)(2) for standard options on the                  (3) Duration of Nonstandard
                                                Chicago Board Options Exchange,                            same broad-based index. [Other than                   Expirations Pilot Program. The
                                                Incorporated; Notice of Filing of a                        expirations that are third Friday-of-the-             Nonstandard Expirations Pilot Program
                                                Proposed Rule Change Related to Rule                       month or that coincide with an EOM                    shall be through May 3, 2017.
                                                24.9(e)                                                    expiration,] Weekly Expirations [shall]                  (4) Weekly Expirations and EOM
                                                                                                           need not be for consecutive Monday,                   Trading Hours on the Last Trading Day.
                                                February 14, 2017.                                         Wednesday, or Friday expirations as                   On the last trading day, transactions in
                                                   Pursuant to Section 19(b)(1) of the                     applicable; however, the expiration date              expiring Weekly Expirations and EOMs
                                                Securities Exchange Act of 1934 (the                       of a non-consecutive expiration may not               may be effected on the Exchange
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     be beyond what would be considered                    between the hours of 8:30 a.m. (Chicago
                                                notice is hereby given that on February                    the last expiration date if the maximum               time) and 3:00 p.m. (Chicago time).
                                                13, 2017, Chicago Board Options                            number of expirations were listed                     *      *     *    *    *
                                                Exchange, Incorporated (the ‘‘Exchange’’                   consecutively. Weekly Expirations that                   The text of the proposed rule change
                                                or ‘‘CBOE’’) filed with the Securities                     are first listed in a given class may                 is also available on the Exchange’s Web
                                                and Exchange Commission (the                               expire up to four weeks from the actual               site (http://www.cboe.com/AboutCBOE/
                                                ‘‘Commission’’) the proposed rule                          listing date. If the last trading day of a            CBOELegalRegulatoryHome.aspx), at
                                                change as described in Items I, II, and                    month is a Monday, Wednesday, or                      the Exchange’s Office of the Secretary,
                                                III below, which Items have been                           Friday and the Exchange lists EOMs and                and at the Commission’s Public
                                                prepared by the Exchange. The                              Weekly Expirations as applicable in a                 Reference Room.
                                                Commission is publishing this notice to                    given class, the Exchange will list an
                                                solicit comments on the proposed rule                      EOM instead of a Weekly Expiration in                 II. Self-Regulatory Organization’s
                                                change from interested persons.                            the given class. Other expirations in the             Statement of the Purpose of, and
                                                                                                           same class are not counted as part of the             Statutory Basis for, the Proposed Rule
                                                I. Self-Regulatory Organization’s                          maximum number of Weekly                              Change
                                                Statement of the Terms of Substance of                     Expirations for a broad-based index
                                                the Proposed Rule Change                                                                                           In its filing with the Commission, the
                                                                                                           class. If the Exchange is not open for                Exchange included statements
                                                   The Exchange seeks to amend Rule                        business on a respective Monday, the                  concerning the purpose of and basis for
                                                24.9(e). The text of the proposed rule                     normally Monday expiring Weekly                       the proposed rule change and discussed
                                                change is provided below (additions are                    Expirations will expire on the following              any comments it received on the
                                                italicized; deletions are [bracketed]).                    business day. If the Exchange is not                  proposed rule change. The text of these
                                                *      *    *     *     *                                  open for business on a respective                     statements may be examined at the
                                                                                                           Wednesday or Friday, the normally
                                                Chicago Board Options Exchange,                                                                                  places specified in Item IV below. The
                                                                                                           Wednesday or Friday expiring Weekly
                                                Incorporated Rules                                                                                               Exchange has prepared summaries, set
                                                                                                           Expirations will expire on the previous
                                                                                                                                                                 forth in sections A, B, and C below, of
                                                *          *    *       *      *                           business day.
                                                                                                              (2) End of Month (‘‘EOM’’)                         the most significant aspects of such
                                                Rule 24.9. Terms of Index Option                           Expirations. The Exchange may open for                statements.
                                                Contracts                                                  trading EOMs on any broad-based index                 A. Self-Regulatory Organization’s
                                                   (a)–(d) No change.                                      eligible for standard options trading to              Statement of the Purpose of, and the
                                                   (e) Nonstandard Expirations Pilot                       expire on last trading day of the month.              Statutory Basis for, the Proposed Rule
                                                Program                                                    EOMs shall be subject to all provisions               Change
                                                   (1) Weekly Expirations. The Exchange                    of this Rule and treated the same as
                                                may open for trading Weekly                                options on the same underlying index                  1. Purpose
                                                Expirations on any broad-based index                       that expire on the third Friday of the                   On September 14, 2010, the
                                                eligible for standard options trading to                   expiration month; provided, however,                  Commission approved a CBOE proposal
                                                expire on any Monday, Wednesday, or                        that EOMs shall be P.M.-settled and new               to establish a pilot program under
                                                Friday (other than the third Friday-of-                    series in EOMs may be added up to and                 which the Exchange is permitted to list
                                                the-month or days that coincide with an                    including on the expiration date for an               P.M.-settled options on broad-based
                                                EOM expiration). Weekly Expirations                        expiring EOM.                                         indexes to expire on (a) any Friday of
                                                shall be subject to all provisions of this                    The maximum number of expirations                  the month, other than the third Friday-
                                                Rule and treated the same as options on                    that may be listed for EOMs in a given                of-the-month (‘‘EOWs’’), and (b) the last
                                                the same underlying index that expire                      class is the same as the maximum                      trading day of the month (‘‘EOM’’).3 On
                                                on the third Friday of the expiration                      number of expirations permitted in Rule               January 14, 2016, the Commission
                                                month; provided, however, that Weekly                      24.9 (a)(2) for standard options on the               approved a CBOE proposal to expand
                                                Expirations shall be P.M.-settled and                      same broad-based index. EOM                           the pilot program to list P.M.-settled
                                                new series in Weekly Expirations may                       expirations [shall] need not be for                   options on broad-based indexes that
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                                                be added up to and including on the                        consecutive end of month expirations;                 expire on any Wednesday of the month
                                                expiration date for an expiring Weekly                     however, the expiration date of a non-                (‘‘WEDs’’) and to rename the End of
                                                Expiration.                                                consecutive expiration may not be                     Week/End of Month Expirations Pilot
                                                   The maximum number of expirations                       beyond what would be considered the                   Program to the Nonstandard Expirations
                                                that may be listed for each Weekly                         last expiration date if the maximum
                                                                                                           number of expirations were listed                       3 See Securities Exchange Act Release No. 62911
                                                    1 15 U.S.C. 78s(b)(1).                                 consecutively. EOMs that are first listed             (September 14, 2010), 75 FR 57539 (September 21,
                                                    2 17 CFR 240.19b–4.                                    in a given class may expire up to four                2010) (order approving SR–CBOE–2009–075).



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                                                                             Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices                                                    11291

                                                Pilot Program.4 On August 10, 2016, the                     The Exchange has received repeated                based index options eligible for
                                                Commission approved a CBOE proposal                      customer interest to list Weekly                     standard options trading. In fact, the
                                                to expand the pilot program to list P.M.-                Expirations and EOMs that expire in the              Exchange currently only lists
                                                settled options on broad-based indexes                   mid-term (as opposed to long-term                    Nonstandard Expirations in three
                                                that expire on any Monday of the month                   expirations contemplated by Long-Term                classes: S&P 500 Index options under
                                                (‘‘MONs’’).5                                             Index Option Series (‘‘LEAPS’’) 11 and               symbol SPXW, CBOE Mini S&P 500
                                                   Currently, other than expirations that                short-term expirations that are                      Index options under symbol XSP, and
                                                are third Friday-of-the-month or that                    encompassed by the Exchange’s current                Russell 2000 Index options under
                                                coincide with an EOM expiration,                         listing schedule to include four MONs,               symbol RUTW. Furthermore, the
                                                Weekly Expirations (i.e., MONs, WEDs,                    six WEDs, and seven EOWs in SPXW)                    Exchange only lists MONs and WEDs in
                                                and EOWs) must be for consecutive                        in order to utilize SPXW options to                  SPXW; EOWs in SPXW, RUTW, and
                                                Monday, Wednesday, or Friday                             provide a financial hedge for impactful              XSP; and EOMs in SPXW and RUTW.
                                                expirations as applicable.6 Similarly,                   economic events, such as domestic and                Thus, nearly every options class will
                                                EOM expirations must be for                              international elections. In order to meet            remain unaffected by this proposal.
                                                consecutive end of months.7 The                          customer demand and continue to                      Even within the Nonstandard
                                                purpose of this filing is to eliminate the               effectively manage the listing process,              Expirations program, the Exchange
                                                consecutive expiration restriction for                   the Exchange is seeking the ability to               believes the vast majority of expirations
                                                the listing of Weekly Expirations and                    list Weekly Expirations and EOMs non-                will continue to be listed consecutively
                                                EOMs.                                                    consecutively.                                       because the majority of trading interest
                                                   The maximum number of expirations                        Currently, the Exchange is able to add            is in the nearer term weeks. More
                                                that may be listed for each Weekly                       additional expirations (up to 12                     importantly, however, as an expiration
                                                Expiration (i.e., a Monday expiration,                   expirations as noted above) in one or                that was originally listed non-
                                                Wednesday expiration, or Friday                          more of the Weekly Expirations;                      consecutively gets closer to expiration,
                                                expiration, as applicable) and EOM in a                  however, customer demand for SPXW                    the particular expiration falls in line
                                                given class is the same as the maximum                   listings exceeds the Exchange’s current              with the exchange’s regular listing
                                                number of expirations permitted in Rule                  listing practices of maintaining four                schedule. For example, if the Exchange
                                                24.9(a)(2) for standard options on the                   MONs, six WEDs, and seven EOWs in                    regularly has seven EOWs listed
                                                same broad-based index.8 Thus, for                       SPXW and often beyond 12 expirations.                consecutively, with each passing week
                                                                                                         More importantly, the customer demand                one of the listings expires and another
                                                Weekly Expirations and EOM
                                                                                                         is for expirations near a certain future             expiration is added. In this way, as the
                                                expirations in the SPX options class
                                                                                                         economically impactful event (e.g., a                weeks pass, any expiration that is added
                                                (which trade under the symbol SPXW),
                                                                                                         national election)—not every expiration              non-consecutively (in this case the
                                                the MONs, WEDs, EOWs, and EOMs
                                                                                                         between the current date and that                    eighth expiration) will eventually
                                                each may have 12 expirations (i.e. a total
                                                                                                         particular event. Thus, instead of listing           become the seventh expiration and thus
                                                of 48 expirations in all four programs).9
                                                                                                         all 12 EOWs, for example, to reach a                 become a consecutive expiration.
                                                However, the Exchange does not
                                                                                                         certain event, the Exchange believes the
                                                currently exercise its discretion to list                                                                        Additionally, the Exchange notes that
                                                                                                         marketplace would be better served by
                                                all 12 expirations in each Weekly                                                                             the proposal will not affect the total
                                                                                                         allowing the Exchange to list EOWs (or
                                                Expiration and EOM program—opting                                                                             expirations for MONs, WEDs, EOWs, or
                                                                                                         the other Weekly Expirations or EOMs)
                                                instead to introduce additional                          non-consecutively because listing                    EOMs. The maximum number of
                                                expirations as customer demand                           expirations non-consecutively allows                 expirations that may be listed for each
                                                dictates. Typically, the Exchange lists                  the Exchange to list fewer expirations               Weekly Expiration (i.e., a Monday
                                                four MONs, six WEDs, and seven EOWs                      (particularly those with less customer               expiration, Wednesday expiration, or
                                                in SPXW options.10                                       demand), limiting potential burdens on               Friday expiration, as applicable) and
                                                                                                         liquidity providers to quote in the                  EOMs in a given class will continue to
                                                   4 See Securities Exchange Act Release No. 76909
                                                                                                         relevant option classes. Listing                     be the same as the maximum number of
                                                (January 14, 2016), 81 FR 3512 (January 21, 2016)
                                                                                                         expirations non-consecutively also                   expirations permitted in Rule 24.9(a)(2)
                                                (order approving SR–CBOE–2015–106).                                                                           for standard options on the same broad-
                                                   5 See Securities Exchange Act Release No. 78531       allows the Exchange to use its
                                                (August 10, 2016), 81 FR 54643 (August 16, 2016)         considerable experience to list                      based index.12 As previously noted, in
                                                (order approving SR–CBOE–2016–046).                      expirations that will offer all market               SPXW, the maximum number of
                                                   6 See Rule 24.9(e)(1).
                                                                                                         participants the ability to use SPXW                 expirations is 12.
                                                   7 See Rule 24.9(e)(2).
                                                                                                         options, for example, to hedge a future                 The Exchange also notes that the
                                                   8 See Rules 24.9(e)(1) and (2).
                                                                                                         economic event. Simply put, as with the              proposal will not affect the maximum
                                                   9 See Rule 24.9(a)(2) (specifying that the Exchange
                                                                                                         expansion of the Pilot to MONs and                   duration (i.e., the maximum time from
                                                may list up to 12 standard monthly expirations at
                                                any one time for any class that the Exchange (as the     WEDs, non-consecutive expirations will               listing to expiration) of Weekly
                                                Reporting Authority) uses to calculate a volatility      expand hedging tools available to                    Expirations or EOMs. For example,
                                                index). The Exchange uses the SPX class to
                                                                                                         market participants and allow market                 under the current rule, if the exchange
                                                calculate a volatility index; thus, pursuant to Rules                                                         were to list all 12 WEDs in SPXW, the
                                                24.9(e)(1) and (2), the MONs, WEDs, EOWs, and            participants to tailor their investment or
                                                EOMs each may have 12 expirations.                       hedging needs more effectively.                      12th WED expiration would expire 11
                                                   10 See CBOE Regulatory Circulars RG16–053
                                                                                                            Although this proposal gives the                  weeks from the nearest term expiration
                                                (extending SPXW WEDs to four expirations and             Exchange the ability to list expirations             (assuming, for example, there are no
                                                reducing SPXW EOWs to seven expirations) and                                                                  EOMs that coincide with the WEDs in
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                                                RG16–157 (expanding SPXW WEDs to six                     non-consecutively, the proposal is
                                                expirations and SPXW MONs to four expirations).          narrowly tailored as it only applies to              SPXW).13 To further illustrate the
                                                Although RG16–157 indicates that there are five          the Nonstandard Expirations Pilot
                                                                                                                                                                12 See e.g., Rules 24.9(e).
                                                SPXW Monday Expirations, the October 31, 2016            Program (i.e., Weekly Expirations and
                                                expiration with a listing date of May 2, 2016 is                                                                13 As stated in Rule 24.9(e)(1) if the last trading
                                                technically an EOM expiration listed pursuant to         EOMs), which may only include broad-                 day of a month is a Monday, Wednesday, or Friday
                                                the EOM program and should not have been                                                                      and the Exchange lists EOMs and Weekly
                                                identified as being listed pursuant to the Weekly         11 See Rule 24.9(e). LEAPS expire from 12 to 180    Expirations as applicable in a given class, the
                                                Expirations program. See Rule 24.9(e)(1) and (2).        months from the date of issuance.                                                                Continued




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                                                11292                       Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices

                                                current rule, assume that on Monday                     an exchange be designed to prevent                    proposal will impose any burden on
                                                February 6, 2017, the nearest term WED                  fraudulent and manipulative acts and                  intermarket competition because the
                                                expiration in SPXW expires on February                  practices, to promote just and equitable              proposed rule change relates solely to
                                                8, 2017. Also assume the Exchange lists                 principles of trade, to foster cooperation            the listing of series pursuant to a CBOE
                                                all 12 WEDs in SPXW. In this example,                   and coordination with persons engaged                 pilot program, and market participants
                                                the 12th expiration would expire on                     in regulating, clearing, settling,                    on other exchanges are welcome to
                                                April 26, 2017. In order to ensure that                 processing information with respect to,               become Trading Permit Holders and
                                                this proposal does not affect the                       and facilitating transactions in                      trade at CBOE if they determine that this
                                                maximum duration of the expirations,                    securities, to remove impediments to                  proposed rule change has made CBOE
                                                the Exchange proposes to specify in                     and perfect the mechanism of a free and               more attractive or favorable. Finally,
                                                Rule 24.9(e)(1) and (2) that the                        open market and a national market                     although the majority of the Exchange’s
                                                expiration date of a non-consecutive                    system, and, in general, to protect                   broad-based index options are
                                                expiration may not be beyond what                       investors and the public interest.                    exclusively-listed at CBOE, all options
                                                would be considered the last expiration                 Additionally, the Exchange believes the               exchanges are free to compete by listing
                                                date if the maximum number of                           proposed rule change is consistent with               and trading their own broad-based
                                                expirations were listed consecutively.                  the Section 6(b)(5) 16 requirement that               index options with Weekly Expirations
                                                Under the proposed rule (as with the                    the rules of an exchange not be designed              and EOM expirations.
                                                current rule), the April 26th expiration                to permit unfair discrimination between
                                                                                                        customers, issuers, brokers, or dealers.              C. Self-Regulatory Organization’s
                                                in the above example is the farthest
                                                                                                           In particular, the Exchange believes               Statement on Comments on the
                                                expiration that could be listed. The only
                                                                                                        the Nonstandard Expirations Pilot has                 Proposed Rule Change Received From
                                                difference between the current rule and
                                                                                                        been successful to date and that                      Members, Participants, or Others
                                                this proposal is that under the current
                                                rule the exchange would have to list all                allowing non-consecutive expirations                    The Exchange neither solicited nor
                                                12 expirations in order to list the April               will simply expand the ability of                     received comments on the proposed
                                                26th expiration in the above example,                   investors to hedge risks against market               rule change.
                                                and under the proposed rule the                         movements stemming from future
                                                                                                        economic events, which in general,                    III. Date of Effectiveness of the
                                                Exchange would be able to list the April                                                                      Proposed Rule Change and Timing for
                                                26th expiration without the requirement                 helps to protect investors and the public
                                                                                                        interest. Similarly, the Exchange                     Commission Action
                                                to, for example, list the April 19th
                                                expiration.                                             believes non-consecutive expirations                     Within 45 days of the date of
                                                   The annual Pilot report provided to                  will create greater trading and hedging               publication of this notice in the Federal
                                                the Securities and Exchange                             opportunities and flexibility, and                    Register or within such longer period
                                                Commission (‘‘Commission’’) will                        provide customers with the ability to                 up to 90 days (i) as the Commission may
                                                include any Weekly Expirations and                      more closely tailor their investment                  designate if it finds such longer period
                                                EOMs, regardless of whether the                         objectives. The Exchange also believe                 to be appropriate and publishes its
                                                expirations are listed consecutively or                 that the proposal will allow the                      reasons for so finding or (ii) as to which
                                                non-consecutively.                                      Exchange to list expirations in a way                 the Exchange consents, the Commission
                                                   In sum, the proposal will allow                      that limits potential burdens on                      will:
                                                market participants to better plan for                  liquidity providers quoting in the                       A. By order approve or disapprove
                                                future economic events; will allow                      affected classes, which helps remove                  such proposed rule change, or
                                                market participants to tailor their                     impediments to and perfect the                           B. institute proceedings to determine
                                                investment or hedging needs more                        mechanism of a free and open market                   whether the proposed rule change
                                                effectively; will allow the Exchange to                 and a national market system.                         should be disapproved.
                                                list expirations in a way that limits                   B. Self-Regulatory Organization’s                     IV. Solicitation of Comments
                                                potential burdens on liquidity providers                Statement on Burden on Competition
                                                quoting in the affected classes; does not                                                                       Interested persons are invited to
                                                                                                           CBOE does not believe that the                     submit written data, views, and
                                                increase the allowable number of total
                                                                                                        proposed rule change will impose any                  arguments concerning the foregoing,
                                                expirations for Nonstandard                             burden on competition that is not
                                                Expirations; and is narrowly tailored to                                                                      including whether the proposed rule
                                                                                                        necessary or appropriate in furtherance               change is consistent with the Act.
                                                apply only to the Nonstandard                           of the purposes of the Act. Specifically,
                                                Expiration Pilot Program (in which only                                                                       Comments may be submitted by any of
                                                                                                        the Exchange does not believe the                     the following methods:
                                                three classes currently participate).                   proposal will impose any burden on
                                                2. Statutory Basis                                      intramarket competition as all market                 Electronic Comments
                                                   The Exchange believes the proposed                   participants will be treated in the same                • Use the Commission’s Internet
                                                rule change is consistent with the                      manner. Any perceived burden on                       comment form (http://www.sec.gov/
                                                Securities Exchange Act of 1934 (the                    Market-Makers is unfounded as the                     rules/sro.shtml); or
                                                ‘‘Act’’) and the rules and regulations                  proposal does not increase the total                    • Send an email to rule-comments@
                                                thereunder applicable to the Exchange                   number of expirations that can be listed              sec.gov. Please include File Number SR–
                                                and, in particular, the requirements of                 under the Nonstandard Expirations Pilot               CBOE–2017–014 on the subject line.
                                                Section 6(b) of the Act.14 Specifically,                Program. In fact, the proposal may                    Paper Comments
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                                                the Exchange believes the proposed rule                 alleviate potential burdens on Market-
                                                                                                        Makers quoting in the affected classes as               • Send paper comments in triplicate
                                                change is consistent with the Section                                                                         to Secretary, Securities and Exchange
                                                6(b)(5) 15 requirements that the rules of               listing non-consecutively allows the
                                                                                                        Exchange to avoid listing expirations                 Commission, 100 F Street NE.,
                                                                                                        that are in less demand. Additionally,                Washington, DC 20549–1090.
                                                Exchange will list an EOM instead of a Weekly
                                                Expiration in the given class.                          the Exchange does not believe the                     All submissions should refer to File
                                                  14 15 U.S.C. 78f(b).                                                                                        Number SR–CBOE–2017–014. This file
                                                  15 15 U.S.C. 78f(b)(5).                                 16 Id.                                              number should be included on the


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                                                                                      Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices                                                            11293

                                                subject line if email is used. To help the                               SOCIAL SECURITY ADMINISTRATION                                 them to OMB within 60 days from the
                                                Commission process and review your                                                                                                      date of this notice. To be sure we
                                                                                                                         [Docket No: SSA–2017–0006]                                     consider your comments, we must
                                                comments more efficiently, please use
                                                only one method. The Commission will                                                                                                    receive them no later than April 24,
                                                                                                                         Agency Information Collection
                                                post all comments on the Commission’s                                                                                                   2017. Individuals can obtain copies of
                                                                                                                         Activities: Proposed Request and
                                                Internet Web site (http://www.sec.gov/                                                                                                  the collection instruments by writing to
                                                                                                                         Comment Request
                                                rules/sro.shtml). Copies of the                                                                                                         the above email address.
                                                submission, all subsequent                                                  The Social Security Administration                            1. Government Pension
                                                amendments, all written statements                                       (SSA) publishes a list of information                          Questionnaire—20 CFR 404.408a—
                                                with respect to the proposed rule                                        collection packages requiring clearance                        0960–0160. The basic Social Security
                                                change that are filed with the                                           by the Office of Management and                                benefits application (OMB No. 0960–
                                                Commission, and all written                                              Budget (OMB) in compliance with                                0618) contains a lead question asking if
                                                communications relating to the                                           Public Law 104–13, the Paperwork                               the applicants are qualified (or will
                                                                                                                         Reduction Act of 1995, effective October                       qualify) to receive a government
                                                proposed rule change between the
                                                                                                                         1, 1995. This notice includes revisions                        pension. If the respondent is qualified,
                                                Commission and any person, other than
                                                                                                                         and one extension of OMB-approved                              or will qualify, to receive a government
                                                those that may be withheld from the                                                                                                     pension, the applicant completes Form
                                                                                                                         information collections.
                                                public in accordance with the                                               SSA is soliciting comments on the                           SSA–3885 either on paper or through a
                                                provisions of 5 U.S.C. 552, will be                                      accuracy of the agency’s burden                                personal interview with an SSA claims
                                                available for Web site viewing and                                       estimate; the need for the information;                        representative. If the applicants are not
                                                printing in the Commission’s Public                                      its practical utility; ways to enhance its                     entitled to receive a government
                                                Reference Room, 100 F Street NE.,                                        quality, utility, and clarity; and ways to                     pension at the time they apply for Social
                                                Washington, DC 20549, on official                                        minimize burden on respondents,                                Security benefits, SSA requires them to
                                                business days between the hours of                                       including the use of automated                                 provide the government pension
                                                10:00 a.m. and 3:00 p.m. Copies of the                                   collection techniques or other forms of                        information as beneficiaries when they
                                                filing also will be available for                                        information technology. Mail, email, or                        become eligible to receive their
                                                inspection and copying at the principal                                  fax your comments and                                          pensions. Regardless of the timing, at
                                                office of the Exchange. All comments                                     recommendations on the information                             some point the applicants or
                                                received will be posted without change;                                  collection(s) to the OMB Desk Officer                          beneficiaries must complete and sign
                                                the Commission does not edit personal                                    and SSA Reports Clearance Officer at                           Form SSA–3885 to report information
                                                identifying information from                                             the following addresses or fax numbers.                        about their government pensions before
                                                submissions. You should submit only                                         (OMB), Office of Management and                             the pensions begin. SSA uses the
                                                information that you wish to make                                        Budget, Attn: Desk Officer for SSA, Fax:                       information to: (1) Determine whether
                                                available publicly. All submissions                                      202–395–6974, Email address: OIRA_                             the Government Pension Offset
                                                should refer to File Number SR–CBOE–                                     Submission@omb.eop.gov.                                        provision applies; (2) identify
                                                2017–014, and should be submitted on                                        (SSA), Social Security                                      exceptions as stated in 20 CFR 404.408a;
                                                or before March 14, 2017.                                                Administration, OLCA, Attn: Reports                            and (3) determine the benefit reduction
                                                                                                                         Clearance Director, 3100 West High                             amount and effective date. If the
                                                  For the Commission, by the Division of                                 Rise, 6401 Security Blvd., Baltimore,                          applicants and beneficiaries do not
                                                Trading and Markets, pursuant to delegated                               MD 21235, Fax: 410–966–2830, Email                             respond using this questionnaire, SSA
                                                authority.17                                                             address: OR.Reports.Clearance@ssa.gov.                         offsets their entire benefit amount. The
                                                Eduardo A. Aleman,                                                          Or you may submit your comments                             respondents are applicants or recipients
                                                Assistant Secretary.                                                     online through www.regulations.gov,                            of spousal benefits who are eligible for
                                                [FR Doc. 2017–03302 Filed 2–17–17; 8:45 am]                              referencing Docket ID Number [SSA–                             or already receiving a Government
                                                BILLING CODE 8011–01–P
                                                                                                                         2017–0006].                                                    pension.
                                                                                                                            I. The information collections below                          Type of Request: Revision of an OMB-
                                                                                                                         are pending at SSA. SSA will submit                            approved information collection.

                                                                                                                                                                                                            Average     Estimated
                                                                                                                                                                     Number of        Frequency of        burden per   total annual
                                                                                       Modality of completion                                                       respondents         response           response       burden
                                                                                                                                                                                                           (minutes)      (hours)

                                                SSA–3885 ........................................................................................................         76,000            1                13          16,467



                                                   2. Modified Benefit Formula                                           earnings. However, the resulting amount                        information on Form SSA–150 so we
                                                Questionnaire—0960–0395. SSA                                             cannot show a difference in the benefit                        can calculate their benefits using the
                                                collects information on Form SSA–150                                     computed using the modified and                                data they supply. SSA calculates the
                                                to determine which formula to use in                                     regular formulas greater than one-half                         benefits of applicants who do not
                                                computing the Social Security benefit                                    the amount of the pension received in                          respond to this questionnaire using the
sradovich on DSK3GMQ082PROD with NOTICES




                                                for someone who receives a pension                                       the first month an individual is entitled                      full WEP reduction. SSA employees
                                                from employment not covered by Social                                    to both the pension and the Social                             collect this information once from the
                                                Security. The Windfall Elimination                                       Security benefit. The SSA–150 collects                         applicant at the time they file their
                                                Provision (WEP) requires use of a                                        the information needed to make all the                         claim. The respondents are applicants
                                                benefit formula replacing a smaller                                      necessary benefit computations. SSA
                                                                                                                                                                                        for old age and disability benefits.
                                                percentage of a worker’s pre-retirement                                  requires respondents to furnish the

                                                  17 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-01 15:04:44
Document Modified: 2018-02-01 15:04:44
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 Citation82 FR 11290 

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