82_FR_17773 82 FR 17704 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the SPXPM Pilot Program

82 FR 17704 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the SPXPM Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range17704-17706
FR Document2017-07306

Federal Register, Volume 82 Issue 69 (Wednesday, April 12, 2017)
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17704-17706]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07306]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80386; File No. SR-CBOE-2017-025]


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

April 6, 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 March 28, 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 and II below, which Items have been prepared by the 
Exchange. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to extend the operation of its SPXPM pilot 
program through May 3, 2018. 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
    No change.
    . . . Interpretations and Policies:
    .01-.13 No change.
    .14 The below provisions will remain in effect until a date 
specified by the Exchange in a Regulatory Circular, which date shall be 
no later than July 31, 2017:
    In addition to A.M.-settled Standard & Poor's 500 Stock Index 
options approved for trading on the Exchange pursuant to Rule 24.9, the 
Exchange may also list options on the S&P 500 Index whose exercise 
settlement value is derived from closing prices on the last trading day 
prior to expiration (``SPXPM''). The Exchange may also list options on 
the Mini-SPX Index (``XSP'') whose exercise settlement value is derived 
from closing prices on the last trading day prior to expiration 
(``P.M.-settled''). SPXPM options and P.M.-settled XSP options will be 
listed for trading for a pilot period ending May 3, 201[7]8.
    On the date specified by the Exchange in a Regulatory Circular, 
which date shall be no later than July 31, 2017, the following 
provisions shall be in effect:
    In addition to A.M.-settled Standard & Poor's 500 Stock Index 
options approved for trading on the Exchange pursuant to Rule 24.9, the 
Exchange may also list options on the S&P 500 Index whose exercise 
settlement value is derived from closing prices on the last trading day 
prior to expiration (P.M.-settled third Friday-of-the-month SPX options 
series). The Exchange may also list options on the Mini-SPX Index 
(``XSP'') whose exercise settlement value is derived from closing 
prices on the last trading day prior to expiration (``P.M.-settled''). 
P.M.-settled third Friday-of-the-month SPX options series and P.M.-
settled XSP options will be listed for trading for a pilot period 
ending May 3, 201[7]8.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On February 8, 2013, the Exchange received approval of a rule 
change that established a Pilot Program that allows the Exchange to 
list options on the S&P 500 Index whose exercise settlement value is 
derived from closing prices on the last trading day prior to expiration 
(``SPXPM'').\5\ On July 31, 2013, the Exchange received approval of a 
rule change that amended the Pilot Program to allow the Exchange to 
list options on the Mini-SPX Index (``XSP'') whose exercise settlement 
value is derived

[[Page 17705]]

from closing prices on the last trading day prior to expiration 
(``P.M.-settled'') \6\ (together, SPXPM and P.M.-settled XSP to be 
referred to herein as the ``Pilot Products'').\7\ In January 2014, the 
Exchange filed a proposed rule change that extended the end date of the 
pilot period from February 8, 2014 to November 3, 2014.\8\ 
Additionally, in October 2014, the Exchange filed a proposed rule 
change that extended the end date of the pilot period from November 3, 
2014 to May 3, 2016.\9\ The Exchange then filed a proposed rule change 
that extended the end date of the pilot period from May 3, 2016 to May 
3, 2017.\10\ The Exchange hereby proposes to further extend the end 
date of the pilot period to May 3, 2018.
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    \5\ See Securities Exchange Act Release No. 68888 (February 8, 
2013), 78 FR 10668 (February 14, 2013) (SR-CBOE-2012-120) (the 
``SPXPM Approval Order''). Pursuant to Securities Exchange Act 
Release No. 80060 (February 17, 2017), 82 FR 11673 (February 24, 
2017) (SR-CBOE-2016-091), the Exchange will move third-Friday P.M.-
settled options into the Hybrid 3.0 S&P 500 Index options class and 
as a result, the trading symbol for P.M.-settled S&P 500 Index 
options that have standard third Friday-of-the-month expirations 
will change from ``SPXPM'' to ``SPXW.'' This change will go into 
effect on a date no later than July 31, 2017 and will be announced 
in a Regulatory Circular by the Exchange.
    \6\ See Securities Exchange Act Release No. 70087 (July 31, 
2013), 78 FR 47809 (August 6, 2013) (SR-CBOE-2013-055) (the ``P.M.-
settled XSP Approval Order'').
    \7\ For more information on the Pilot Products or the Pilot 
Program, see the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order.
    \8\ See Securities Exchange Act Release No. 71424 (January 28, 
2014), 79 FR 6249 (February 3, 2014) (SR-CBOE-2014-004).
    \9\ See Securities Exchange Act Release No. 73338 (October 10, 
2014), 79 FR 62502 (October 17, 2014) (SR-CBOE-2014-076).
    \10\ See Securities Exchange Act Release No. 77573 (April 8, 
2016), 81 FR 22148 (April 14, 2016) (SR-CBOE-2016-036).
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    During the course of the Pilot Program and in support of the 
extensions of the Pilot Program, the Exchange submits to the Securities 
and Exchange Commission (the ``Commission'') reports regarding the 
Pilot Program that detail the Exchange's experience with the Pilot 
Program, pursuant to the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order. To date, the Exchange has submitted three annual Pilot 
Program reports to the Commission, as well as various periodic interim 
reports, as required by the Commission while the Pilot Program is in 
effect. The annual reports contain an analysis of volume, open 
interest, and trading patterns. The analysis examines trading in Pilot 
Products as well as trading in the securities that comprise the 
underlying index. Additionally, for series that exceed certain minimum 
open interest parameters, the annual reports provide analysis of index 
price volatility and share trading activity. The periodic interim 
reports contain some, but not all, of the information contained in the 
annual reports. In providing the annual and periodic interim reports 
(the ``pilot reports'') to the Commission, the Exchange has requested 
confidential treatment of the pilot reports under the Freedom of 
Information Act (``FOIA'').\11\ The confidentiality of the pilot 
reports is subject to the provisions of FOIA.
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    \11\ 5 U.S.C. 552.
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    The pilot reports both contain the following volume and open 
interest data:
    (1) Monthly volume aggregated for all trades;
    (2) monthly volume aggregated by expiration date;
    (3) monthly volume for each individual series;
    (4) month-end open interest aggregated for all series;
    (5) month-end open interest for all series aggregated by expiration 
date; and
    (6) month-end open interest for each individual series.
    The annual reports also contain the information noted in Items (1) 
through (6) above for Expiration Friday, A.M.-settled, S&P 500 index 
options traded on CBOE, as well as the following analysis of trading 
patterns in the Pilot Products options series in the Pilot Program:
    (1) A time series analysis of open interest; and
    (2) an analysis of the distribution of trade sizes.
    Finally, for series that exceed certain minimum parameters, the 
annual reports contain the following analysis related to index price 
changes and underlying share trading volume at the close on Expiration 
Fridays:
    (1) A comparison of index price changes at the close of trading on 
a given Expiration Friday with comparable price changes from a control 
sample. The data includes a calculation of percentage price changes for 
various time intervals and compare that information to the respective 
control sample. Raw percentage price change data as well as percentage 
price change data normalized for prevailing market volatility, as 
measured by the CBOE Volatility Index (VIX), is provided; and
    (2) a calculation of share volume for a sample set of the component 
securities representing an upper limit on share trading that could be 
attributable to expiring in-the-money series. The data includes a 
comparison of the calculated share volume for securities in the sample 
set to the average daily trading volumes of those securities over a 
sample period.
    The minimum open interest parameters, control sample, time 
intervals, method for randomly selecting the component securities, and 
sample periods are determined by the Exchange and the Commission. In 
proposing to extend the Pilot Program, the Exchange will continue to 
abide by the reporting requirements described herein, as well as in the 
SPXPM Approval Order and the P.M.-settled XSP Approval Order.\12\ 
Additionally, all such pilot reports provided by the Exchange will 
continue to include a request for confidential treatment under 
FOIA.\13\
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    \12\ Pursuant to Securities Exchange Act Release No. 75914 
(September 14, 2015), 80 FR 56522 (September 18, 2015) (SR-CBOE-
2015-079), the Exchange added SPXPM and P.M.-settled XSP options to 
the list of products approved for trading during Extended Trading 
Hours (``ETH''). The Exchange will also include the applicable 
information regarding SPXPM and P.M.-settled XSP options that trade 
during ETH in its annual and interim reports.
    \13\ See supra note 6 [sic] and surrounding discussion. If the 
Exchange seeks permanent approval of the pilot program, the Exchange 
recognizes that certain information in the pilot reports may need to 
be made available on a public basis.
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    The Exchange proposes the extension of the Pilot Program in order 
to continue to give the Commission more time to consider the impact of 
the Pilot Program. To this point, CBOE believes that the Pilot Program 
has been well-received by its Trading Permit Holders and the investing 
public, and the Exchange would like to continue to provide investors 
with the ability to trade SPXPM and P.M.-settled XSP options. All terms 
regarding the trading of the Pilot Products shall continue to operate 
as described in the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order. The Exchange merely proposes herein to extend the term 
of the Pilot Program to May 3, 2018.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') [sic] 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

[[Page 17706]]

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 that the proposed extension of 
the Pilot Program will continue to provide greater opportunities for 
investors. Further, the Exchange believes that it has not experienced 
any adverse effects or meaningful regulatory concerns from the 
operation of the Pilot Program. As such, the Exchange believes that the 
extension of the Pilot Program does not raise any unique or prohibitive 
regulatory concerns. Also, the Exchange believes that such trading has 
not, and will not, adversely impact fair and orderly markets on 
Expiration Fridays for the underlying stocks comprising the S&P 500 
index. The extension of the Pilot Program will continue to provide 
investors with the opportunity to trade the desirable products of SPXPM 
and P.M.-settled XSP, while also providing the Commission further 
opportunity to observe such trading of the Pilot Products.

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. The Exchange does not believe 
the continuation of the Pilot Program will impose any unnecessary or 
inappropriate burden on intramarket competition because it will 
continue to apply equally to all CBOE market participants, and the 
Pilot Products will be available to all CBOE market participants. The 
Exchange believes there is sufficient investor interest and demand in 
the Pilot Program to warrant its extension. The Exchange believes that, 
for the period that the Pilot Program has been in operation, it has 
provided investors with desirable products with which to trade. 
Furthermore, the Exchange believes that it has not experienced any 
adverse market effects or regulatory concerns with respect to the Pilot 
Program. The Exchange further does not believe that the proposed 
extension of the Pilot Program will impose any burden on intermarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act because it only applies to trading on CBOE. To the 
extent that the continued trading of the Pilot Products may make CBOE a 
more attractive marketplace to market participants at other exchanges, 
such market participants may elect to become CBOE market participants.

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

    The Exchange neither solicited nor received comments on the 
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action
    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative 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 \17\ and Rule 19b-
4(f)(6) \18\ thereunder.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with 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.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.
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-2017-025 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-2017-025.This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2017-025 and should be 
submitted on or before May 3, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-07306 Filed 4-11-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                  17704                           Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                  approval is currently not available to the                 by the Exchange. The Exchange filed the                    settled third Friday-of-the-month SPX
                                                  public from FINRA.                                         proposal as a ‘‘non-controversial’’                        options series). The Exchange may also
                                                    Written comments are invited on: (a)                     proposed rule change pursuant to                           list options on the Mini-SPX Index
                                                  Whether the proposed collection of                         Section 19(b)(3)(A)(iii) of the Act 3 and                  (‘‘XSP’’) whose exercise settlement
                                                  information is necessary for the proper                    Rule 19b–4(f)(6) thereunder.4 The                          value is derived from closing prices on
                                                  performance of the functions of the                        Commission is publishing this notice to                    the last trading day prior to expiration
                                                  Commission, including whether the                          solicit comments on the proposed rule                      (‘‘P.M.-settled’’). P.M.-settled third
                                                  information shall have practical utility;                  change from interested persons.                            Friday-of-the-month SPX options series
                                                  (b) the accuracy of the Commission’s                                                                                  and P.M.-settled XSP options will be
                                                                                                             I. Self-Regulatory Organization’s                          listed for trading for a pilot period
                                                  estimates of the burden of the proposed
                                                                                                             Statement of the Terms of Substance of                     ending May 3, 201[7]8.
                                                  collection of information; (c) ways to
                                                                                                             the Proposed Rule Change
                                                  enhance the quality, utility, and clarity                                                                             *      *     *     *     *
                                                  of the information collected; and (d)                        The Exchange proposes to extend the                         The text of the proposed rule change
                                                  ways to minimize the burden of the                         operation of its SPXPM pilot program                       is also available on the Exchange’s Web
                                                  collection of information on                               through May 3, 2018. The text of the                       site (http://www.cboe.com/AboutCBOE/
                                                  respondents, including through the use                     proposed rule change is provided                           CBOELegalRegulatoryHome.aspx), at
                                                  of automated collection techniques or                      below.                                                     the Exchange’s Office of the Secretary,
                                                  other forms of information technology.                     (additions are italicized; deletions are                   and at the Commission’s Public
                                                  Consideration will be given to                             [bracketed])                                               Reference Room.
                                                  comments and suggestions submitted in                      *    *     *      *     *                                  II. Self-Regulatory Organization’s
                                                  writing within 60 days of this
                                                                                                             Chicago Board Options Exchange,                            Statement of the Purpose of, and
                                                  publication.
                                                                                                             Incorporated                                               Statutory Basis for, the Proposed Rule
                                                    An agency may not conduct or
                                                                                                                                                                        Change
                                                  sponsor, and a person is not required to                   Rules
                                                  respond to, a collection of information                                                                                  In its filing with the Commission, the
                                                  unless it displays a currently valid OMB                   *          *       *       *      *                        Exchange included statements
                                                  control number.                                            Rule 24.9. Terms of Index Option                           concerning the purpose of and basis for
                                                    Please direct your written comments                      Contracts                                                  the proposed rule change and discussed
                                                  to: Pamela Dyson, Director/Chief                                                                                      any comments it received on the
                                                                                                                No change.                                              proposed rule change. The text of these
                                                  Information Officer, Securities and                           . . . Interpretations and Policies:
                                                  Exchange Commission, c/o Remi Pavlik-                                                                                 statements may be examined at the
                                                                                                                .01–.13 No change.                                      places specified in Item IV below. The
                                                  Simon, 100 F Street NE., Washington,                          .14 The below provisions will remain
                                                  DC 20549, or send an email to: PRA_                                                                                   Exchange has prepared summaries, set
                                                                                                             in effect until a date specified by the                    forth in sections A, B, and C below, of
                                                  Mailbox@sec.gov.                                           Exchange in a Regulatory Circular,                         the most significant aspects of such
                                                    Dated: April 6, 2017.                                    which date shall be no later than July                     statements.
                                                  Eduardo A. Aleman,                                         31, 2017:
                                                  Assistant Secretary.                                          In addition to A.M.-settled Standard &                  A. Self-Regulatory Organization’s
                                                  [FR Doc. 2017–07297 Filed 4–11–17; 8:45 am]                Poor’s 500 Stock Index options                             Statement of the Purpose of, and
                                                  BILLING CODE 8011–01–P
                                                                                                             approved for trading on the Exchange                       Statutory Basis for, the Proposed Rule
                                                                                                             pursuant to Rule 24.9, the Exchange                        Change
                                                                                                             may also list options on the S&P 500                       1. Purpose
                                                  SECURITIES AND EXCHANGE                                    Index whose exercise settlement value
                                                                                                             is derived from closing prices on the last                    On February 8, 2013, the Exchange
                                                  COMMISSION
                                                                                                             trading day prior to expiration                            received approval of a rule change that
                                                  [Release No. 34–80386; File No. SR–CBOE–
                                                                                                             (‘‘SPXPM’’). The Exchange may also list                    established a Pilot Program that allows
                                                  2017–025]                                                                                                             the Exchange to list options on the S&P
                                                                                                             options on the Mini-SPX Index (‘‘XSP’’)
                                                                                                             whose exercise settlement value is                         500 Index whose exercise settlement
                                                  Self-Regulatory Organizations;                                                                                        value is derived from closing prices on
                                                  Chicago Board Options Exchange,                            derived from closing prices on the last
                                                                                                             trading day prior to expiration (‘‘P.M.-                   the last trading day prior to expiration
                                                  Incorporated; Notice of Filing and                                                                                    (‘‘SPXPM’’).5 On July 31, 2013, the
                                                  Immediate Effectiveness of a Proposed                      settled’’). SPXPM options and P.M.-
                                                                                                             settled XSP options will be listed for                     Exchange received approval of a rule
                                                  Rule Change Relating to the SPXPM                                                                                     change that amended the Pilot Program
                                                  Pilot Program                                              trading for a pilot period ending May 3,
                                                                                                             201[7]8.                                                   to allow the Exchange to list options on
                                                  April 6, 2017.                                                On the date specified by the Exchange                   the Mini-SPX Index (‘‘XSP’’) whose
                                                     Pursuant to Section 19(b)(1) of the                     in a Regulatory Circular, which date                       exercise settlement value is derived
                                                  Securities Exchange Act of 1934 (the                       shall be no later than July 31, 2017, the
                                                                                                                                                                           5 See Securities Exchange Act Release No. 68888
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     following provisions shall be in effect:                   (February 8, 2013), 78 FR 10668 (February 14, 2013)
                                                  notice is hereby given that on March 28,                      In addition to A.M.-settled Standard &                  (SR–CBOE–2012–120) (the ‘‘SPXPM Approval
                                                  2017, Chicago Board Options Exchange,                      Poor’s 500 Stock Index options                             Order’’). Pursuant to Securities Exchange Act
                                                  Incorporated (the ‘‘Exchange’’ or                          approved for trading on the Exchange                       Release No. 80060 (February 17, 2017), 82 FR 11673
                                                                                                                                                                        (February 24, 2017) (SR–CBOE–2016–091), the
                                                  ‘‘CBOE’’) filed with the Securities and                    pursuant to Rule 24.9, the Exchange
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                                                                                        Exchange will move third-Friday P.M.-settled
                                                  Exchange Commission (the                                   may also list options on the S&P 500                       options into the Hybrid 3.0 S&P 500 Index options
                                                  ‘‘Commission’’) the proposed rule                          Index whose exercise settlement value                      class and as a result, the trading symbol for P.M.-
                                                  change as described in Items I and II                      is derived from closing prices on the last                 settled S&P 500 Index options that have standard
                                                                                                                                                                        third Friday-of-the-month expirations will change
                                                  below, which Items have been prepared                      trading day prior to expiration (P.M.-                     from ‘‘SPXPM’’ to ‘‘SPXW.’’ This change will go
                                                                                                                                                                        into effect on a date no later than July 31, 2017 and
                                                    1 15   U.S.C. 78s(b)(1).                                     3 15   U.S.C. 78s(b)(3)(A)(iii).                       will be announced in a Regulatory Circular by the
                                                    2 17   CFR 240.19b–4.                                        4 17   CFR 240.19b–4(f)(6).                            Exchange.



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                                                                               Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices                                                   17705

                                                  from closing prices on the last trading                 The confidentiality of the pilot reports              the P.M.-settled XSP Approval Order.12
                                                  day prior to expiration (‘‘P.M.-settled’’) 6            is subject to the provisions of FOIA.                 Additionally, all such pilot reports
                                                  (together, SPXPM and P.M.-settled XSP                      The pilot reports both contain the                 provided by the Exchange will continue
                                                  to be referred to herein as the ‘‘Pilot                 following volume and open interest                    to include a request for confidential
                                                  Products’’).7 In January 2014, the                      data:                                                 treatment under FOIA.13
                                                  Exchange filed a proposed rule change                      (1) Monthly volume aggregated for all                 The Exchange proposes the extension
                                                  that extended the end date of the pilot                 trades;                                               of the Pilot Program in order to continue
                                                  period from February 8, 2014 to                            (2) monthly volume aggregated by                   to give the Commission more time to
                                                  November 3, 2014.8 Additionally, in                     expiration date;                                      consider the impact of the Pilot
                                                  October 2014, the Exchange filed a                         (3) monthly volume for each                        Program. To this point, CBOE believes
                                                  proposed rule change that extended the                  individual series;                                    that the Pilot Program has been well-
                                                  end date of the pilot period from                          (4) month-end open interest                        received by its Trading Permit Holders
                                                  November 3, 2014 to May 3, 2016.9 The                   aggregated for all series;                            and the investing public, and the
                                                  Exchange then filed a proposed rule                        (5) month-end open interest for all                Exchange would like to continue to
                                                  change that extended the end date of the                series aggregated by expiration date; and             provide investors with the ability to
                                                  pilot period from May 3, 2016 to May                       (6) month-end open interest for each               trade SPXPM and P.M.-settled XSP
                                                  3, 2017.10 The Exchange hereby                          individual series.                                    options. All terms regarding the trading
                                                  proposes to further extend the end date                    The annual reports also contain the                of the Pilot Products shall continue to
                                                  of the pilot period to May 3, 2018.                     information noted in Items (1) through                operate as described in the SPXPM
                                                                                                          (6) above for Expiration Friday, A.M.-                Approval Order and the P.M.-settled
                                                     During the course of the Pilot Program
                                                                                                          settled, S&P 500 index options traded                 XSP Approval Order. The Exchange
                                                  and in support of the extensions of the
                                                                                                          on CBOE, as well as the following                     merely proposes herein to extend the
                                                  Pilot Program, the Exchange submits to
                                                                                                          analysis of trading patterns in the Pilot             term of the Pilot Program to May 3,
                                                  the Securities and Exchange
                                                                                                          Products options series in the Pilot                  2018.
                                                  Commission (the ‘‘Commission’’)
                                                                                                          Program:
                                                  reports regarding the Pilot Program that                   (1) A time series analysis of open                 2. Statutory Basis
                                                  detail the Exchange’s experience with                   interest; and
                                                  the Pilot Program, pursuant to the                                                                               The Exchange believes the proposed
                                                                                                             (2) an analysis of the distribution of             rule change is consistent with the
                                                  SPXPM Approval Order and the P.M.-                      trade sizes.
                                                  settled XSP Approval Order. To date,                                                                          Securities Exchange Act of 1934 (the
                                                                                                             Finally, for series that exceed certain            ‘‘Act’’) [sic] and the rules and
                                                  the Exchange has submitted three                        minimum parameters, the annual
                                                  annual Pilot Program reports to the                                                                           regulations thereunder applicable to the
                                                                                                          reports contain the following analysis                Exchange and, in particular, the
                                                  Commission, as well as various periodic                 related to index price changes and
                                                  interim reports, as required by the                                                                           requirements of Section 6(b) of the
                                                                                                          underlying share trading volume at the                Act.14 Specifically, the Exchange
                                                  Commission while the Pilot Program is                   close on Expiration Fridays:
                                                  in effect. The annual reports contain an                                                                      believes the proposed rule change is
                                                                                                             (1) A comparison of index price                    consistent with the Section 6(b)(5) 15
                                                  analysis of volume, open interest, and                  changes at the close of trading on a                  requirements that the rules of an
                                                  trading patterns. The analysis examines                 given Expiration Friday with                          exchange be designed to prevent
                                                  trading in Pilot Products as well as                    comparable price changes from a control               fraudulent and manipulative acts and
                                                  trading in the securities that comprise                 sample. The data includes a calculation               practices, to promote just and equitable
                                                  the underlying index. Additionally, for                 of percentage price changes for various               principles of trade, to foster cooperation
                                                  series that exceed certain minimum                      time intervals and compare that                       and coordination with persons engaged
                                                  open interest parameters, the annual                    information to the respective control                 in regulating, clearing, settling,
                                                  reports provide analysis of index price                 sample. Raw percentage price change                   processing information with respect to,
                                                  volatility and share trading activity. The              data as well as percentage price change               and facilitating transactions in
                                                  periodic interim reports contain some,                  data normalized for prevailing market                 securities, to remove impediments to
                                                  but not all, of the information contained               volatility, as measured by the CBOE                   and perfect the mechanism of a free and
                                                  in the annual reports. In providing the                 Volatility Index (VIX), is provided; and              open market and a national market
                                                  annual and periodic interim reports (the                   (2) a calculation of share volume for              system, and, in general, to protect
                                                  ‘‘pilot reports’’) to the Commission, the               a sample set of the component securities              investors and the public interest.
                                                  Exchange has requested confidential                     representing an upper limit on share                  Additionally, the Exchange believes the
                                                  treatment of the pilot reports under the                trading that could be attributable to                 proposed rule change is consistent with
                                                  Freedom of Information Act (‘‘FOIA’’).11                expiring in-the-money series. The data
                                                                                                          includes a comparison of the calculated                 12 Pursuant to Securities Exchange Act Release
                                                    6 See  Securities Exchange Act Release No. 70087      share volume for securities in the                    No. 75914 (September 14, 2015), 80 FR 56522
                                                  (July 31, 2013), 78 FR 47809 (August 6, 2013) (SR–      sample set to the average daily trading               (September 18, 2015) (SR–CBOE–2015–079), the
                                                  CBOE–2013–055) (the ‘‘P.M.-settled XSP Approval                                                               Exchange added SPXPM and P.M.-settled XSP
                                                  Order’’).                                               volumes of those securities over a
                                                                                                                                                                options to the list of products approved for trading
                                                     7 For more information on the Pilot Products or      sample period.                                        during Extended Trading Hours (‘‘ETH’’). The
                                                  the Pilot Program, see the SPXPM Approval Order            The minimum open interest                          Exchange will also include the applicable
                                                  and the P.M.-settled XSP Approval Order.                parameters, control sample, time                      information regarding SPXPM and P.M.-settled XSP
                                                     8 See Securities Exchange Act Release No. 71424                                                            options that trade during ETH in its annual and
                                                                                                          intervals, method for randomly selecting
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                                                  (January 28, 2014), 79 FR 6249 (February 3, 2014)                                                             interim reports.
                                                  (SR–CBOE–2014–004).                                     the component securities, and sample                    13 See supra note 6 [sic] and surrounding
                                                     9 See Securities Exchange Act Release No. 73338      periods are determined by the Exchange                discussion. If the Exchange seeks permanent
                                                  (October 10, 2014), 79 FR 62502 (October 17, 2014)      and the Commission. In proposing to                   approval of the pilot program, the Exchange
                                                  (SR–CBOE–2014–076).                                     extend the Pilot Program, the Exchange                recognizes that certain information in the pilot
                                                     10 See Securities Exchange Act Release No. 77573                                                           reports may need to be made available on a public
                                                                                                          will continue to abide by the reporting               basis.
                                                  (April 8, 2016), 81 FR 22148 (April 14, 2016) (SR–
                                                  CBOE–2016–036).                                         requirements described herein, as well                  14 15 U.S.C. 78f(b).
                                                     11 5 U.S.C. 552.                                     as in the SPXPM Approval Order and                      15 15 U.S.C. 78f(b)(5).




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                                                  17706                        Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                  the Section 6(b)(5)16 requirement that                  market participants may elect to become                 Commission process and review your
                                                  the rules of an exchange not be designed                CBOE market participants.                               comments more efficiently, please use
                                                  to permit unfair discrimination between                                                                         only one method. The Commission will
                                                                                                          C. Self-Regulatory Organization’s
                                                  customers, issuers, brokers, or dealers.                                                                        post all comments on the Commission’s
                                                    In particular, the Exchange believes                  Statement on Comments on the
                                                                                                                                                                  Internet Web site (http://www.sec.gov/
                                                  that the proposed extension of the Pilot                Proposed Rule Change Received From
                                                                                                                                                                  rules/sro.shtml). Copies of the
                                                  Program will continue to provide greater                Members, Participants, or Others
                                                                                                                                                                  submission, all subsequent
                                                  opportunities for investors. Further, the                 The Exchange neither solicited nor                    amendments, all written statements
                                                  Exchange believes that it has not                       received comments on the proposed                       with respect to the proposed rule
                                                  experienced any adverse effects or                      rule change.                                            change that are filed with the
                                                  meaningful regulatory concerns from                     III. Date of Effectiveness of the Proposed              Commission, and all written
                                                  the operation of the Pilot Program. As                  Rule Change and Timing for                              communications relating to the
                                                  such, the Exchange believes that the                    Commission Action                                       proposed rule change between the
                                                  extension of the Pilot Program does not                                                                         Commission and any person, other than
                                                  raise any unique or prohibitive                            Because the foregoing proposed rule                  those that may be withheld from the
                                                  regulatory concerns. Also, the Exchange                 change does not: (i) Significantly affect               public in accordance with the
                                                  believes that such trading has not, and                 the protection of investors or the public               provisions of 5 U.S.C. 552, will be
                                                  will not, adversely impact fair and                     interest; (ii) impose any significant                   available for Web site viewing and
                                                  orderly markets on Expiration Fridays                   burden on competition; and (iii) become                 printing in the Commission’s Public
                                                  for the underlying stocks comprising the                operative for 30 days from the date on                  Reference Room, 100 F Street NE.,
                                                  S&P 500 index. The extension of the                     which it was filed, or such shorter time                Washington, DC 20549, on official
                                                  Pilot Program will continue to provide                  as the Commission may designate, it has                 business days between the hours of
                                                  investors with the opportunity to trade                 become effective pursuant to Section                    10:00 a.m. and 3:00 p.m. Copies of the
                                                  the desirable products of SPXPM and                     19(b)(3)(A) of the Act 17 and Rule 19b–                 filing also will be available for
                                                  P.M.-settled XSP, while also providing                  4(f)(6) 18 thereunder.                                  inspection and copying at the principal
                                                  the Commission further opportunity to                      At any time within 60 days of the                    office of the Exchange. All comments
                                                  observe such trading of the Pilot                       filing of the proposed rule change, the                 received will be posted without change;
                                                  Products.                                               Commission summarily may                                the Commission does not edit personal
                                                                                                          temporarily suspend such rule change if                 identifying information from
                                                  B. Self-Regulatory Organization’s                       it appears to the Commission that such
                                                  Statement on Burden on Competition                                                                              submissions. You should submit only
                                                                                                          action is necessary or appropriate in the               information that you wish to make
                                                     CBOE does not believe that the                       public interest, for the protection of                  available publicly. All submissions
                                                  proposed rule change will impose any                    investors, or otherwise in furtherance of               should refer to File Number SR–CBOE–
                                                  burden on competition that is not                       the purposes of the Act.                                2017–025 and should be submitted on
                                                  necessary or appropriate in furtherance                 IV. Solicitation of Comments                            or before May 3, 2017.
                                                  of the purposes of the Act. The
                                                                                                            Interested persons are invited to                       For the Commission, by the Division of
                                                  Exchange does not believe the                                                                                   Trading and Markets, pursuant to delegated
                                                  continuation of the Pilot Program will                  submit written data, views, and
                                                                                                                                                                  authority.19
                                                  impose any unnecessary or                               arguments concerning the foregoing,
                                                                                                          including whether the proposed rule                     Eduardo A. Aleman,
                                                  inappropriate burden on intramarket
                                                                                                          change is consistent with the Act.                      Assistant Secretary.
                                                  competition because it will continue to
                                                  apply equally to all CBOE market                        Comments may be submitted by any of                     [FR Doc. 2017–07306 Filed 4–11–17; 8:45 am]
                                                  participants, and the Pilot Products will               the following methods:                                  BILLING CODE 8011–01–P

                                                  be available to all CBOE market                         Electronic Comments
                                                  participants. The Exchange believes
                                                  there is sufficient investor interest and                 • Use the Commission’s Internet                       SECURITIES AND EXCHANGE
                                                                                                          comment form (http://www.sec.gov/                       COMMISSION
                                                  demand in the Pilot Program to warrant
                                                  its extension. The Exchange believes                    rules/sro.shtml); or                                    [Release No. 34–80387; File No. SR–CBOE–
                                                                                                            • Send an email to rule-comments@                     2017–026]
                                                  that, for the period that the Pilot
                                                  Program has been in operation, it has                   sec.gov. Please include File Number SR–
                                                  provided investors with desirable                       CBOE–2017–025 on the subject line.                      Self-Regulatory Organizations;
                                                  products with which to trade.                           Paper Comments                                          Chicago Board Options Exchange,
                                                  Furthermore, the Exchange believes that                                                                         Incorporated; Notice of Filing and
                                                                                                            • Send paper comments in triplicate                   Immediate Effectiveness of a Proposed
                                                  it has not experienced any adverse                      to Secretary, Securities and Exchange
                                                  market effects or regulatory concerns                                                                           Rule Change To Renew Nonstandard
                                                                                                          Commission, 100 F Street NE.,                           Expirations Pilot Program
                                                  with respect to the Pilot Program. The                  Washington, DC 20549–1090.
                                                  Exchange further does not believe that                                                                          April 6, 2017.
                                                                                                          All submissions should refer to File
                                                  the proposed extension of the Pilot                                                                                Pursuant to Section 19(b)(1) of the
                                                                                                          Number SR–CBOE–2017–025.This file
                                                  Program will impose any burden on                                                                               Securities Exchange Act of 1934 (the
                                                                                                          number should be included on the
                                                  intermarket competition that is not                                                                             ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          subject line if email is used. To help the
                                                  necessary or appropriate in furtherance                                                                         notice is hereby given that on March 29,
                                                  of the purposes of the Act because it
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                                                                                                            17 15  U.S.C. 78s(b)(3)(A).                           2017, Chicago Board Options Exchange,
                                                  only applies to trading on CBOE. To the                   18 17  CFR 240.19b–4(f)(6)(iii). As required under    Incorporated (the ‘‘Exchange’’ or
                                                  extent that the continued trading of the                Rule 19b–4(f)(6)(iii), the Exchange provided the        ‘‘CBOE’’) filed with the Securities and
                                                  Pilot Products may make CBOE a more                     Commission with written notice of its intent to file    Exchange Commission (the
                                                  attractive marketplace to market                        the proposed rule change, along with a brief
                                                                                                          description and the text of the proposed rule
                                                  participants at other exchanges, such                   change, at least five business days prior to the date
                                                                                                                                                                    19 17 CFR 200.30–3(a)(12).
                                                                                                                                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                          of filing of the proposed rule change, or such
                                                    16 Id.                                                shorter time as designated by the Commission.             2 17 CFR 240.19b–4.




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Document Created: 2017-04-12 00:23:27
Document Modified: 2017-04-12 00:23:27
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 17704 

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