82_FR_21955 82 FR 21866 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Compression Forums

82 FR 21866 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Compression Forums

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 89 (May 10, 2017)

Page Range21866-21871
FR Document2017-09424

Federal Register, Volume 82 Issue 89 (Wednesday, May 10, 2017)
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Notices]
[Pages 21866-21871]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09424]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80595; File No. SR-CBOE-2017-035]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to Compression Forums

May 4, 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 April 21, 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 text of the proposed rule change is available on the Exchange's 
Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 
at the Exchange's Office of the Secretary, and at the Commission's 
Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes changes to Rule 6.56 (Compression Forums) to: 
(1) Make all existing positions in series of S&P 500[supreg] Index 
(``SPX'') options \5\ eligible to be identified as compression-list 
positions (and therefore eligible for a fee rebate if closed in open 
outcry in a compression forum); (2) change the way in which the 
Exchange will publish its compression-list positions file; (3) amend 
the rules with respect to requirements for solicited transactions 
executed through a compression forum; and (4) clarify additional 
portions of the rule text. The Exchange's proposal is intended to make 
it easier for TPHs to efficiently close positions in series of SPX 
options at the end of each calendar month in order to mitigate the 
effects of capital constraints on market participants and help ensure 
continued depth of liquidity in the SPX options market.
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    \5\ Including groups of series with both ticker symbols SPX and 
SPXW.
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Background
    SEC Rule 15c3-1 (Net Capital Requirements for Brokers or Dealers) 
(``Net Capital Rules'') requires registered broker-dealers, unless 
otherwise excepted, to maintain certain specified minimum levels of 
capital.\6\ The Net Capital Rules are designed to protect securities 
customers, counterparties, and creditors by requiring that broker-
dealers have sufficient liquid resources on hand, at all times, to meet 
their financial obligations. Notably, hedged positions, including 
offsetting futures and options contract positions, result in certain 
net capital requirement reductions under the Net Capital Rules.\7\
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    \6\ 17 CFR 240.15c3-1.
    \7\ In addition, the Net Capital Rules permit various offsets 
under which a percentage of an option position's gain at any one 
valuation point is allowed to offset another position's loss at the 
same valuation point (e.g. vertical spreads).
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    Subject to certain exceptions, CBOE Clearing Trading Permit Holders 
(``CTPHs'') \8\ are subject to the Net Capital Rules. However, a subset 
of CTPHs are subsidiaries of U.S. bank holding companies, which, due to 
their affiliations with their parent U.S. bank holding companies, must 
comply with additional bank regulatory capital requirements pursuant to 
rulemaking required under the Dodd-Frank Wall Street Reform and 
Consumer Protection Act.\9\ Pursuant to this mandate, the Board of 
Governors of the Federal Reserve System, the Office of the Comptroller 
of the Currency, and the Federal Deposit Insurance Corporation have 
approved a regulatory capital framework for subsidiaries of U.S. bank 
holding company clearing firms.\10\ Generally, these rules impose 
higher minimum capital requirements, more restrictive capital 
eligibility standards, and higher asset risk weights than were 
previously mandated for CTPHs that are subsidiaries of U.S. bank 
holding companies under the Net Capital Rules. Furthermore, the new 
rules do not permit deductions for hedged securities or offsetting 
options positions.\11\ Rather, capital charges under these standards 
are, in large part, based on the aggregate notional value of short 
positions regardless of offsets. As a result, in general, CTPHs must 
hold substantially more bank regulatory capital than would otherwise be 
required under the Net Capital Rules. The impact of these regulatory 
capital rules are compounded

[[Page 21867]]

in the SPX options market due to the large notional value of SPX 
contracts.
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    \8\ All CBOE CTPHs must also be clearing members of The Options 
Clearing Corporation (``OCC'').
    \9\ H.R. 4173 (amending section 3(a) of the Securities Exchange 
Act of 1934 (the ``Act'') (15 U.S.C. 78c(a))).
    \10\ 12 CFR 50; 79 FR 61440 (Liquidity Coverage Ratio: Liquidity 
Risk Measurement Standards).
    \11\ Many options strategies, including relatively simple 
strategies often used by retail customers and more sophisticated 
strategies used by market-makers and institutions, are risk-limited 
strategies or options spread strategies that employ offsets or 
hedges to achieve certain investment outcomes. Such strategies 
typically involve the purchase and sale of multiple options (and may 
be coupled with purchases or sales of the underlying securities), 
executed simultaneously as part of the same strategy. In many cases, 
the potential market exposure of these strategies is limited and 
defined. Whereas regulatory capital requirements have historically 
reflected the risk-limited nature of carrying offsetting positions, 
these positions may now be subject to higher regulatory capital 
requirements. Various factors, including administration costs; 
transaction fees; and limited market demand or counterparty 
interest, however, may discourage market participants from closing 
these positions even though many market participants likely would 
prefer to close the positions rather than carry them to expiration.
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    The Exchange believes that these higher regulatory capital 
requirements have the potential to impact liquidity in the SPX options 
market by limiting the amount of capital CTPHs can allocate to their 
clients' transactions. Specifically, the rules may cause CTPHs to 
impose stricter position limits on their client clearing members, which 
include CBOE Market-Makers. Such position limits may impact the 
liquidity Market-Makers might supply in the SPX market, and this impact 
may be compounded when a CTPH has multiple Market-Maker client 
accounts, each having largely risk-neutral portfolio holdings.\12\ The 
Exchange believes that permitting Market-Makers and Floor Brokers (for 
their own proprietary accounts or for the account of another on an 
agency basis) to efficiently close existing SPX options positions 
through modified open outcry trading procedures on the Exchange floor 
may assist CTPHs and TPHs to address bank regulatory capital 
requirements and would likely have a beneficial effect on continued 
liquidity in the SPX options market without adversely affecting market 
quality.
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    \12\ Several TPHs have indicated to the Exchange that the 
heightened bank regulatory requirements could impact their ability 
to provide consistent liquidity in the SPX options market unless 
they are able to efficiently close their positions in SPX.
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    In order to mitigate the potential negative effects of these 
additional bank regulatory capital requirements and foster continued 
liquidity in the SPX options market in a manner consistent with the 
requirements, the Exchange recently adopted Rule 6.56 pursuant to which 
TPHs can reduce (or ``compress'') existing positions in SPX at the end 
of each calendar month more efficiently through trading in an open 
outcry compression forum.\13\ The Exchange believes that making 
available these periodic trading forums, which allow for closing 
transactions in SPX options series to occur at reduced transaction fees 
likely contributes to additional liquidity and continued 
competitiveness in the SPX market and promotes more efficient capital 
deployment in light of bank regulatory capital requirements.
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    \13\ See Securities Exchange Act Release No. 79610 (December 20, 
2016), 81 FR 95219 (December 27, 2016) (Notice of Filing and 
Immediate Effectiveness of a Proposed Rule Change Relating to 
Compression of S&P 500(R) Index Options Positions) (SR-CBOE-2016-
090).
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    Under current Rule 6.56, on the final three business days of each 
calendar month, the Exchange holds compression forums in the SPX 
trading crowd. Beforehand, in order to facilitate TPHs finding 
counterparty offsets against which they can trade closing positions, 
currently, TPHs may submit lists of existing SPX positions (with either 
a required capital charge equal to the minimum capital charge under the 
risk-based haircut calculator provided by the OCC or comprised of 
option series with a delta of ten (10) or less) to the Exchange that 
they wish to close during a compression forum. The Exchange then 
aggregates these positions into a single list containing the series in 
which opposite (long/short) interest was submitted to the Exchange. 
Prior to the open of trading on the third-to-last business day of each 
calendar month (i.e. the first day of the month on which a compression 
forum is held), the Exchange makes available to all TPHs on its Web 
site the aggregate two-sided list of compression-list positions for 
those series (``compression-list positions file''). In addition, TPHs 
that submit compression positions list to the Exchange receive a 
compression-list positions file containing the names of the TPHs that 
contributed to the file, including contact information for each TPH's 
designated point of contact. This list does not identify the specific 
positions that any TPH has submitted to the Exchange.
    The Exchange then holds open outcry ``compression forums'' in which 
all TPHs may participate whether or not they submitted positions for 
inclusion in the compression-list position file. Currently, trades 
executed during compression forums are subject to trading rules 
applicable to trading in SPX during Regular Trading Hours, including 
manner of bids and offers and allocation and priority rules, except: 
(1) Only closing transactions in SPX options (including compression-
list positions) may be executed during a compression forum; and (2) the 
minimum increment for each series is $0.01 during a compression forum. 
TPHs that trade positions previously submitted to the Exchange on a 
compression list may then take advantage of the compression-list 
position fee rebate on portions of a transaction that involve their 
compression-list positions, which are executed through a compression 
forum.
    The Exchange proposes to amend Rule 6.56 to enhance the 
effectiveness and utility of its compression forums process for market 
participants. Based on research, past compression forum results, and 
anecdotal evidence, the Exchange believes that the number of SPX 
contracts closed in past compression forums is only a small fraction of 
the number of SPX contracts that TPHs would like to close out because 
of bank regulatory capital-related restraints. This is due, at least in 
part, to TPHs submitting compression-list positions that include fewer 
than the total SPX contracts they would like to close. These limited 
TPH compression-list positions yield fewer series in which the Exchange 
has received two-sided interest (for publication in the compression-
list positions file), and only a fraction of that two-sided interest 
has been closed out during previous compression forums.\14\ The 
Exchange believes that TPHs are not taking advantage of the compression 
forum process, in part, because the process is too limited in terms of 
which positions have been determined to be eligible compression-list 
positions (and therefore eligible for the related fee rebate). 
Accordingly, the Exchange proposes certain amendments to Rule 6.56 to 
increase the efficiency and effectiveness of the compression forums 
process.
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    \14\ In the months since the adoption of Rule 6.56, of the 
compression-list positions submitted to the Exchange, less than 16% 
had offsetting interest, and of those positions, less than 10% were 
actually closed in transactions through a compression forum.
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Proposal
    The Exchange proposes to amend Rule 6.56 to remove the requirement 
that compression-list positions must be positions with either: (1) A 
required capital charge equal to the minimum capital charge under the 
risk-based haircut calculator provided by the OCC or (2) comprised of 
option series with a delta of ten (10) or less. In addition, the 
Exchange proposes to change the manner in which it publishes the 
compression-list positions file and amend the rules with respect to 
requirements for solicited transactions executed through a compression 
forum. Finally, the Exchange proposes to make certain non-substantive 
changes to clarify the text of Rule 6.56. The Exchange believes that 
these proposed amendments to Rule 6.56 would enhance the effectiveness 
and utility of its compression forums process.
    Under current Rule 6.56(a)(1), prior to the close of Regular 
Trading Hours on the fourth to last business day of each calendar 
month, in a manner and format determined by the Exchange, a TPH may 
provide the Exchange with a list of open SPX options positions with 
either a required capital charge equal to the minimum capital charge 
under the risk-based haircut calculator provided by the OCC or 
comprised of option series with a delta of ten (10) or less that it 
would like to close during the compression forum for that calendar 
month (``compression-list positions''). Compression-list positions may 
consist

[[Page 21868]]

of multi-legged positions in series of SPX options, which satisfy these 
conditions. In turn, the Exchange rebates transaction fees for trading 
these positions against other closing SPX options positions in a 
compression forum so long as a rebate request form is submitted by the 
TPH in compliance with the parameters outlined in the Exchange's Fees 
Schedule.\15\
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    \15\ See Securities Exchange Act Release No. 79745 (January 5, 
2017), 82 FR 3379 (January 11, 2017) (Notice of Filing and Immediate 
Effectiveness of a Proposed Rule Change To Amend the Fees Schedule) 
(SR-CBOE-2016-094).
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    The Exchange proposes to amend the definition of compression-list 
positions to include any SPX option position submitted to the Exchange 
pursuant to Rule 6.56(a)(1) that a TPH wishes to close through a 
compression forum. Specifically, the Exchange proposes to remove the 
text from paragraph (a)(1) of Rule 6.56 that requires a compression-
list position to either have a required capital charge equal to the 
minimum capital charge under the risk-based haircut calculator provided 
by the OCC or be comprised of an option series with a delta of ten (10) 
or less. Accordingly, the proposed rule text of the first sentence of 
Rule 6.56(a)(1) would provide that prior to the close of Regular 
Trading Hours on the fourth to last business day of each calendar 
month, in a manner and format determined by the Exchange, a TPH may 
provide the Exchange with a list of open SPX options positions that it 
would like to close through the compression forum for that calendar 
month (``compression-list positions'').
    This proposed change would also obviate the need for the provision 
that compression-list positions may consist of multi-legged positions 
in series of SPX options, which satisfy the conditions set forth in 
paragraph (a)(1) of Rule 6.56. Under the current rule, TPHs may use 
offsetting positions to create a multi-leg position with a required 
capital charge equal to the minimum capital charge under the risk-based 
haircut calculator provided by the OCC. If the requirement that the 
position have a required capital charge equal to the minimum capital 
charge under the risk-based haircut calculator provided by the OCC were 
eliminated, then there would be no need to submit a multi-leg position 
to make it qualify as a compression-list position under Rule 
6.56(a)(1); any leg of any SPX position on its own would qualify 
without exception. Thus, under the proposed rule, TPHs may simply 
submit a list of single-leg positions to the Exchange in order to 
qualify for a rebate of the fees for any associated transactions.
    The Exchange believes that the proposed change would encourage more 
market participants to close out SPX positions through compression 
forums and help ensure continued depth of liquidity in the SPX options 
market. Based on the Exchange's understanding of the number of SPX 
contracts that TPHs would like to close out each month for bank 
regulatory capital-related purposes, the comparatively small numbers of 
contracts submitted to the Exchange on average per month as 
compression-list positions, and the even smaller number of SPX 
contracts closed during compression forums, the Exchange believes that 
the definition of compression-list positions ought be expanded to 
include any open SPX options positions that a TPH wishes to close 
during a compression forum (and thus be eligible for a fee rebate). 
Although the parameters in current Rule 6.56(a)(1) were put in place as 
a mechanism for market participants to close out-of-the-money (``OTM'') 
positions that might be held until expiration because of the cost of 
trading out of them and despite the large capital charges associated 
with such positions, the Exchange believes that market participants 
and, in particular, Market-Makers have a need for a mechanism that 
allows them to easily close other less deep OTM SPX positions and even 
in-the-money (``ITM'') positions at month's end in order to free up 
capital that could then be deployed to provide additional liquidity in 
the SPX options market.
    The Exchange also proposes to make changes to paragraph (a)(2) of 
Rule 6.56 regarding the dissemination of the compression-list positions 
file. Under current Rule 6.56, prior to the open of Regular Trading 
Hours on the third to last business day of each calendar month, the 
Exchange makes available to all TPHs an aggregate two-sided (long/
short) list including each series for which both long and short 
positions have been submitted to the Exchange pursuant to paragraph 
(a)(1) and the size on each side in each of those series 
(``compression-list positions file''). Based on anecdotal evidence, the 
Exchange believes that TPHs are submitting fractions of positions that 
they would like to compress to the Exchange as compression-list 
positions because of the format in which the Exchange publishes the 
compression-list positions file. Specifically, the Exchange believes 
TPHs are concerned about revealing large position imbalances and thus 
are hesitant to submit their full eligible compression-list positions 
to the Exchange. This results in an overall lowering of the compression 
forum efficiency, fewer SPX positions closed, and less reduced capital 
that could be used to create and maintain greater liquidity in the SPX 
options market.
    If the Exchange were to only publish the offsetting size of long 
and short positions in each series, however, these concerns would be 
alleviated. Accordingly, the Exchange proposes to amend paragraph 
(a)(2) to provide that it will publish only up to the size of the 
offsetting compression-list positions in each series for which both 
long and short positions have been submitted to the Exchange. 
Specifically, the Exchange proposed to amend paragraph (a)(2) of Rule 
6.56 to provide that prior to the open of Regular Trading Hours on the 
third to last business day of each calendar month, the Exchange will 
make available to all TPHs a list including each series for which both 
long and short compression-list positions have been submitted to the 
Exchange and the size of the offsetting compression-list positions in 
those series. The difference between the current and proposed 
compression-list positions file publication methodologies can be 
demonstrated through the following example, which assumes that prior to 
the close of trading on the fourth to last business day of a particular 
calendar month, the Exchange receives the following compression-list 
positions from TPHs XYZ, ABC, and 123:

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                                                    Expiration
       Market participant             Symbol           date           Strike         Call/put          Size
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XYZ TRADING.....................            SPXW        6/2/2017            2000               C            -125
XYZ TRADING.....................            SPXW        6/2/2017            2005               P            2500
XYZ TRADING.....................            SPXW        6/2/2017            2110               P             -75
XYZ TRADING.....................            SPXW        6/2/2017            2200               P            -166
XYZ TRADING.....................            SPXW        6/2/2017            2210               C             250
XYZ TRADING.....................            SPXW        6/2/2017            2220               C            2000

[[Page 21869]]

 
XYZ TRADING.....................            SPXW        6/2/2017            2300               C            2500
XYZ TRADING.....................            SPXW        6/2/2017            2350               C            -652
XYZ TRADING.....................            SPXW        6/2/2017            2360               C           -1425
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                                                    Expiration
       Market participant             Symbol           date           Strike         Call/put          Size
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ABC TRADING.....................            SPXW        6/2/2017            2000               C             -76
ABC TRADING.....................            SPXW        6/2/2017            2005               P            -105
ABC TRADING.....................            SPXW        6/2/2017            2050               P            -166
ABC TRADING.....................            SPXW        6/2/2017            2250               C           -4000
ABC TRADING.....................            SPXW        6/2/2017            2360               C            1322
ABC TRADING.....................            SPXW        6/2/2017            2500               P             -50
----------------------------------------------------------------------------------------------------------------


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                                                    Expiration
       Market participant             Symbol           date           Strike         Call/put          Size
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123 TRADING.....................            SPXW        6/2/2017            2000               C              50
123 TRADING.....................            SPXW        6/2/2017            2110               P            -105
123 TRADING.....................            SPXW        6/2/2017            2220               C            -200
123 TRADING.....................            SPXW        6/2/2017            2250               P            -400
123 TRADING.....................            SPXW        6/2/2017            2250               C             107
123 TRADING.....................            SPXW        6/2/2017            2300               C            -200
123 TRADING.....................            SPXW        6/2/2017            2350               P             -62
123 TRADING.....................            SPXW        6/2/2017            2360               C           -5000
123 TRADING.....................            SPXW        6/2/2017            2500               P            -300
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    Assuming that each of the positions listed above qualify as 
compression-list positions under Rule 6.56(a)(1), under the current 
rule, the Exchange would compile the compression-list positions file by 
aggregating the long and short positions in each series for which both 
long and short positions had been submitted to the Exchange as follows:

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                                    Expiration
             Symbol                    date           Strike         Call/put        Long size      Short size
----------------------------------------------------------------------------------------------------------------
SPXW............................        6/2/2017            2000               C              50            -201
SPXW............................        6/2/2017            2005               P            2500            -105
SPXW............................        6/2/2017            2220               C            2000            -200
SPXW............................        6/2/2017            2250               C             107           -4000
SPXW............................        6/2/2017            2300               C            2500            -200
SPXW............................        6/2/2017            2360               C            1322           -6425
----------------------------------------------------------------------------------------------------------------

    Under the Exchanges' proposal to show only up to the offsetting 
size in each series for which both long and short positions have been 
submitted to the Exchange, assuming the same compression-list positions 
above were submitted to the Exchange, the Exchange would publish the 
following compression-list positions filing:

----------------------------------------------------------------------------------------------------------------
                                         Expiration
                Symbol                      date                 Strike              Call/put          Size
----------------------------------------------------------------------------------------------------------------
SPXW.................................        6/2/2017  2000.....................               C              50
SPXW.................................        6/2/2017  2005.....................               P             105
SPXW.................................        6/2/2017  2200 [sic]...............               C             200
SPXW.................................        6/2/2017  2250.....................               C             107
SPXW.................................        6/2/2017  2300.....................               C             200
SPXW.................................        6/2/2017  2360.....................               C            1322
----------------------------------------------------------------------------------------------------------------

    As demonstrated in the examples above, using the current method for 
compiling the compression-list positions file, several large position 
imbalances would be shown to market participants, whereas under the 
proposed method for compiling the compression-list positions file, only 
the net size would be shown.
    The Exchange also proposes to amend Rule 6.56(c) to provide that 
TPHs may solicit a TPH or a non-TPH customer or broker-dealer to 
transact through a compression forum in accordance with the provisions 
of this Rule and the solicited transaction requirements contained in 
Rule 6.9 and that trades executed through a compression forum pursuant 
to Rule 6.56 and otherwise in compliance with the Rules, including, but 
not limited to Rule 6.9 will not be deemed prearranged trades. 
Currently, Rule 6.56(c) provides that TPHs may communicate with other 
TPHs to determine: (1) A TPH's open single-legged or multi-legged SPX 
position, including side and size, and/or (2) whether a TPH anticipates 
participating in a compression forum at a particular date and time, but 
that during these communications, TPHs may not discuss the price of a 
potential transaction involving these positions during a compression 
forum. This restriction is stricter than the Exchange's normal trading 
rules, which, under Rule 6.9 (Solicited Transactions), permit price 
discovery. The Exchange believes permitting solicited transactions that 
include discussion of price in accordance with Rule 6.9 may enhance the 
compression forum process. The

[[Page 21870]]

proposed rule change also harmonizes the compression forum rules with 
requirements for solicited transactions under Rule 6.9 and the 
provision of Rule 6.56(b), which provides that trades executed through 
compression forums are subject to normal SPX trading rules, apart from 
the specifically enumerated exceptions as provided in Rule 6.56(b)(1) 
and (2). The Exchange believes that this amendment would further align 
the compression forum trading rules with normal SPX trading rules, 
which would clarify the Rules and eliminate both potential confusion 
and regulatory discrepancy.
    The Exchange proposes to further amend the text of Rule 6.56(c) to 
provide that trades executed through a compression forum pursuant to 
Rule 6.56 and otherwise in compliance with the Rules, including but not 
limited to Rule 6.9 (including a discussion of price as permitted by 
that rule), will not be deemed prearranged trades.\16\ The Exchange 
proposes to make corresponding changes to Rule 6.56(b) to make clear 
that all normal SPX trading rules apply to transactions executed 
through compression forums, including but not limited to the solicited 
transaction rules in Rule 6.9.
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    \16\ Under the Exchange's policy concerning prearranged trading, 
TPHs are cautioned that any purchase or sale, transaction or series 
of transactions, coupled with an agreement, arrangement or 
understanding, directly or indirectly to reverse such transaction 
which is not done for a legitimate economic purpose or without 
subjecting the transactions to market risk, violates Exchange Rules 
and may be inconsistent with various provisions of the Act and rules 
thereunder. All transactions must be effected in accordance with 
applicable trading rules, must be subject to risk of the market, and 
must be reported for dissemination. In addition, under the 
Exchange's policy, TPHs are reminded that Section 9(a)(1) of the Act 
provides in relevant part that it shall be unlawful for any member 
of a national securities exchange, for the purpose of creating a 
false or misleading appearance of active trading in any security 
registered on a national securities exchange or a false or 
misleading appearance with respect to the market for any such 
security, (A) to effect any transaction in such security which 
involves no change in the beneficial ownership thereof, or (B) to 
enter an order or orders for the purchase of such security with the 
knowledge that an order or orders substantially the same size, at 
substantially the same time, and at substantially the same price, 
for the sale of any such security, has been or will be entered by or 
for the same or different parties. See CBOE Regulatory Circular 
RG16-190 (Prearranged Trades). In this regard, Rule 6.56(c) is not 
intended as an absolute safe harbor from prearranged trading 
prohibitions, but is instead intended to provide that, the act of 
soliciting another party to transact through a compression forum 
will not be deemed to be prearranged trading provided that the 
transaction is otherwise executed in accordance with the Rules, 
including, but not limited to, the Exchange's solicitation rules and 
open outcry trading procedures, as modified by Rule 6.56(b).
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    The Exchange also proposes to make several clarifying changes to 
the rule text of Rule 6.56. In paragraphs (a)(1), (b), (b)(1), and (c), 
the Exchange proposes to change the word ``during'' to ``through'' to 
make clear that the rules apply to transactions executed through the 
compression forum process, rather than transactions in series of SPX 
options that may be executed during the hours in which a compression 
forum is taking place, but outside of the compression forum process.
    The Exchange proposes to amend Rule 6.56(a)(4) to delete the word 
``conduct'' and replace it with the words ``make available.'' 
Currently, Rule 6.56(a)(4) provides that the Exchange will conduct an 
open outcry ``compression forum'' in which all TPHs may participate on 
each of the last three business days of every calendar month at a 
location on the trading floor determined by the Exchange. The Exchange, 
however, does not conduct or participate in the compression forum 
process. Rather, the Exchange provides a locale for the compression 
forums or ``makes available'' compression forums to TPHs. Accordingly, 
the Exchange proposes changes to Rule 6.56(a)(4) to make this point 
clear.
    Finally, the Exchange proposes changes to paragraph (b)(2) of Rule 
6.56 to make clear that the minimum increment for bids and offers 
represented in open outcry in a compression forum is $0.01, both for 
single series positions and with respect to complex orders
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder applicable to the 
Exchange and, in particular, the requirements of Section 6(b) of the 
Act.\17\ Specifically, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \18\ 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) \19\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change is 
reasonable, equitable, and does not unfairly discriminate against any 
market participants. The Exchange notes that all TPHs with open SPX 
positions submit compression-list positions (that would be eligible for 
a fee rebate) in accordance with the proposed rule change. In fact, the 
proposed rule change would encourage participation by additional 
participants as any market participant holding an SPX position could 
now submit positions eligible compression-list positions (that would 
therefore qualify for a fee rebate), rather than only those with 
positions meeting certain limiting criteria. Any market participant 
with an open SPX positions could participate in a compression forum 
(including customers through CBOE Floor Brokers), as they would for any 
other SPX trade. Participation in compression forums, as well as 
advanced submission of compression-list positions, is optional, and 
TPHs may also continue to trade open SPX positions during normal 
trading.
    Furthermore, the Exchange believes that its proposal is consistent 
with the Act in that it seeks to foster liquidity in the SPX options 
market in light of the bank regulatory capital requirements. As 
described above, the Exchange believes that the new bank regulatory 
capital requirements could potentially limit the amount of capital 
CTPHs can allocate to their clients' transactions, which in turn, may 
impact liquidity, particularly in the SPX market. Specifically, the 
rules may cause CTPHs to impose stricter position limits on their 
clients, including Market-Makers. The Exchange believes that permitting 
TPHs to reduce open interest in offsetting SPX options positions in the 
manner set out in Rule 6.56 would likely contribute to the availability 
of liquidity in the SPX options. The Exchange believes that the 
proposed rule would serve to protect investors by helping to ensure 
consistent continued depth of liquidity in the SPX options market.
    The Exchange also believes the proposed rule change is consistent 
with the Act, because the proposed procedure is consistent with its 
current rules. The proposed rule would direct that all trading through 
compression forums be conducted in accordance with normal SPX trading 
rules and thus, in the same manner as transactions during normal SPX 
trading, except that they must be closing only and may be in penny 
increments. In particular, the proposed changes to Rule 6.56(b) and (c) 
would eliminate discrepancies in the

[[Page 21871]]

trading rules that apply to trading through compression forums and 
normal SPX trading rules by harmonizing the solicited transactions 
rules and making trading through compression forums subject to the 
rules set forth in Rule 6.9. Accordingly, the Exchange believes that 
the proposed rule changes to Rule 6.56 would eliminate potential 
confusion caused by regulatory discrepancies in the Rules and provide 
additional clarity, specifically with respect to the application of the 
solicited transaction rules. The Exchange believes that the adoption of 
clear, transparent, and consistent rules is in the best interests of 
both investors and the general public.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on intramarket competition that is not necessary or 
appropriate in furtherance of the Act because it applies to all market 
participants with positions that meet the eligible criteria in the same 
manner. The proposed change would encourage the closing of positions, 
which, once closed, may serve to alleviate the capital requirement 
constraints on TPHs and improve overall market liquidity by freeing 
capital currently tied up in certain SPX positions. The Exchange does 
not believe that the proposed rule changes will impose any burden on 
intermarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act because the proposed rule change 
applies only to the trading of SPX options, which are exclusively-
listed on CBOE. To the extent that the proposed changes make the 
Exchange a more attractive marketplace for market participants at other 
exchanges, such market participants are eligible to participant through 
CBOE TPHs. Furthermore, as stated in Item 3(b) above, submission of 
lists of positions for compression is completely voluntary, open to all 
TPHs, and non-binding, in that submission of a list does not require a 
TPH to trade any position or even represent any position through a 
compression forum. Lists of positions will be made available to all 
TPHs simply alert TPHs to certain SPX positions that other TPHs are 
interested in closing at the end of each calendar month.

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 written comments on the 
proposed rule change.

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public 
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was 
filed, or such shorter time as the Commission may designate, it has 
become effective pursuant to Section 19(b)(3)(A) of the Act \20\ and 
Rule 19b-4(f)(6) \21\ thereunder. At any time within 60 days of the 
filing of the proposed rule change, the Commission summarily may 
temporarily suspend such rule change if it appears to the Commission 
that such action is necessary or appropriate in the public interest, 
for the protection of investors, or otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission will institute proceedings to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

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-2017-035 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-2017-035. 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-2017-035, and should be 
submitted on or before May 31, 2017.
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09424 Filed 5-9-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                  21866                         Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                  Section 17A of the Act 37 and the rules                 II. Self-Regulatory Organization’s                         Subject to certain exceptions, CBOE
                                                  and regulations thereunder.                             Statement of the Purpose of, and                        Clearing Trading Permit Holders
                                                    It is therefore ordered, pursuant to                  Statutory Basis for, the Proposed Rule                  (‘‘CTPHs’’) 8 are subject to the Net
                                                  Section 19(b)(2) of the Act, that                       Change                                                  Capital Rules. However, a subset of
                                                  proposed rule change SR–NSCC–2017–                         In its filing with the Commission, the               CTPHs are subsidiaries of U.S. bank
                                                  001 be, and hereby is, Approved.38                      Exchange included statements                            holding companies, which, due to their
                                                    For the Commission, by the Division of                concerning the purpose of and basis for                 affiliations with their parent U.S. bank
                                                  Trading and Markets, pursuant to delegated              the proposed rule change and discussed                  holding companies, must comply with
                                                  authority.39                                            any comments it received on the                         additional bank regulatory capital
                                                  Eduardo A. Aleman,                                      proposed rule change. The text of these                 requirements pursuant to rulemaking
                                                  Assistant Secretary.                                    statements may be examined at the                       required under the Dodd–Frank Wall
                                                  [FR Doc. 2017–09425 Filed 5–9–17; 8:45 am]              places specified in Item IV below. The                  Street Reform and Consumer Protection
                                                  BILLING CODE 8011–01–P                                  Exchange has prepared summaries, set                    Act.9 Pursuant to this mandate, the
                                                                                                          forth in sections A, B, and C below, of                 Board of Governors of the Federal
                                                                                                          the most significant aspects of such                    Reserve System, the Office of the
                                                  SECURITIES AND EXCHANGE                                 statements.                                             Comptroller of the Currency, and the
                                                  COMMISSION                                              A. Self-Regulatory Organization’s                       Federal Deposit Insurance Corporation
                                                                                                          Statement of the Purpose of, and the                    have approved a regulatory capital
                                                  [Release No. 34–80595; File No. SR–CBOE–
                                                  2017–035]                                               Statutory Basis for, the Proposed Rule                  framework for subsidiaries of U.S. bank
                                                                                                          Change                                                  holding company clearing firms.10
                                                  Self-Regulatory Organizations;                                                                                  Generally, these rules impose higher
                                                                                                          1. Purpose
                                                  Chicago Board Options Exchange,                                                                                 minimum capital requirements, more
                                                  Incorporated; Notice of Filing and                         The Exchange proposes changes to                     restrictive capital eligibility standards,
                                                  Immediate Effectiveness of a Proposed                   Rule 6.56 (Compression Forums) to: (1)                  and higher asset risk weights than were
                                                  Rule Change Relating to Compression                     Make all existing positions in series of                previously mandated for CTPHs that are
                                                  Forums                                                  S&P 500® Index (‘‘SPX’’) options 5                      subsidiaries of U.S. bank holding
                                                                                                          eligible to be identified as compression-               companies under the Net Capital Rules.
                                                  May 4, 2017.                                            list positions (and therefore eligible for              Furthermore, the new rules do not
                                                     Pursuant to Section 19(b)(1) of the                  a fee rebate if closed in open outcry in
                                                                                                                                                                  permit deductions for hedged securities
                                                  Securities Exchange Act of 1934 (the                    a compression forum); (2) change the
                                                                                                                                                                  or offsetting options positions.11 Rather,
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  way in which the Exchange will publish
                                                                                                          its compression-list positions file; (3)                capital charges under these standards
                                                  notice is hereby given that on April 21,
                                                                                                          amend the rules with respect to                         are, in large part, based on the aggregate
                                                  2017, Chicago Board Options Exchange,
                                                  Incorporated (the ‘‘Exchange’’ or                       requirements for solicited transactions                 notional value of short positions
                                                  ‘‘CBOE’’) filed with the Securities and                 executed through a compression forum;                   regardless of offsets. As a result, in
                                                  Exchange Commission (the                                and (4) clarify additional portions of the              general, CTPHs must hold substantially
                                                  ‘‘Commission’’) the proposed rule                       rule text. The Exchange’s proposal is                   more bank regulatory capital than
                                                  change as described in Items I and II                   intended to make it easier for TPHs to                  would otherwise be required under the
                                                  below, which Items have been prepared                   efficiently close positions in series of                Net Capital Rules. The impact of these
                                                  by the Exchange. The Exchange filed the                 SPX options at the end of each calendar                 regulatory capital rules are compounded
                                                  proposal as a ‘‘non-controversial’’                     month in order to mitigate the effects of
                                                  proposed rule change pursuant to                        capital constraints on market                           position’s gain at any one valuation point is
                                                                                                          participants and help ensure continued                  allowed to offset another position’s loss at the same
                                                  Section 19(b)(3)(A)(iii) of the Act 3 and                                                                       valuation point (e.g. vertical spreads).
                                                  Rule 19b–4(f)(6) thereunder.4 The                       depth of liquidity in the SPX options                      8 All CBOE CTPHs must also be clearing members
                                                  Commission is publishing this notice to                 market.                                                 of The Options Clearing Corporation (‘‘OCC’’).
                                                  solicit comments on the proposed rule                   Background
                                                                                                                                                                     9 H.R. 4173 (amending section 3(a) of the

                                                  change from interested persons.                                                                                 Securities Exchange Act of 1934 (the ‘‘Act’’) (15
                                                                                                             SEC Rule 15c3–1 (Net Capital                         U.S.C. 78c(a))).
                                                  I. Self-Regulatory Organization’s                       Requirements for Brokers or Dealers)                       10 12 CFR 50; 79 FR 61440 (Liquidity Coverage

                                                  Statement of the Terms of Substance of                  (‘‘Net Capital Rules’’) requires registered             Ratio: Liquidity Risk Measurement Standards).
                                                                                                                                                                     11 Many options strategies, including relatively
                                                  the Proposed Rule Change                                broker-dealers, unless otherwise                        simple strategies often used by retail customers and
                                                     The text of the proposed rule change                 excepted, to maintain certain specified                 more sophisticated strategies used by market-
                                                  is available on the Exchange’s Web site                 minimum levels of capital.6 The Net                     makers and institutions, are risk-limited strategies
                                                                                                          Capital Rules are designed to protect                   or options spread strategies that employ offsets or
                                                  (http://www.cboe.com/AboutCBOE/                                                                                 hedges to achieve certain investment outcomes.
                                                  CBOELegalRegulatoryHome.aspx), at                       securities customers, counterparties,
                                                                                                                                                                  Such strategies typically involve the purchase and
                                                  the Exchange’s Office of the Secretary,                 and creditors by requiring that broker-                 sale of multiple options (and may be coupled with
                                                  and at the Commission’s Public                          dealers have sufficient liquid resources                purchases or sales of the underlying securities),
                                                  Reference Room.                                         on hand, at all times, to meet their                    executed simultaneously as part of the same
                                                                                                          financial obligations. Notably, hedged                  strategy. In many cases, the potential market
                                                                                                                                                                  exposure of these strategies is limited and defined.
                                                    37 15
                                                                                                          positions, including offsetting futures                 Whereas regulatory capital requirements have
                                                           U.S.C. 78q–1.
                                                                                                          and options contract positions, result in               historically reflected the risk-limited nature of
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                    38 In approving the proposed rule change, the
                                                  Commission considered the proposals’ impact on          certain net capital requirement                         carrying offsetting positions, these positions may
                                                  efficiency, competition, and capital formation. 15      reductions under the Net Capital Rules.7                now be subject to higher regulatory capital
                                                  U.S.C. 78c(f).                                                                                                  requirements. Various factors, including
                                                     39 17 CFR 200.30–3(a)(12).                                                                                   administration costs; transaction fees; and limited
                                                                                                            5 Including groups of series with both ticker
                                                     1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                  market demand or counterparty interest, however,
                                                                                                          symbols SPX and SPXW.                                   may discourage market participants from closing
                                                     2 17 CFR 240.19b–4.                                    6 17 CFR 240.15c3–1.
                                                                                                                                                                  these positions even though many market
                                                     3 15 U.S.C. 78s(b)(3)(A)(iii).                         7 In addition, the Net Capital Rules permit various   participants likely would prefer to close the
                                                     4 17 CFR 240.19b–4(f)(6).                            offsets under which a percentage of an option           positions rather than carry them to expiration.



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                                                                               Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                                     21867

                                                  in the SPX options market due to the                    currently, TPHs may submit lists of                   part, to TPHs submitting compression-
                                                  large notional value of SPX contracts.                  existing SPX positions (with either a                 list positions that include fewer than the
                                                     The Exchange believes that these                     required capital charge equal to the                  total SPX contracts they would like to
                                                  higher regulatory capital requirements                  minimum capital charge under the risk-                close. These limited TPH compression-
                                                  have the potential to impact liquidity in               based haircut calculator provided by the              list positions yield fewer series in which
                                                  the SPX options market by limiting the                  OCC or comprised of option series with                the Exchange has received two-sided
                                                  amount of capital CTPHs can allocate to                 a delta of ten (10) or less) to the                   interest (for publication in the
                                                  their clients’ transactions. Specifically,              Exchange that they wish to close during               compression-list positions file), and
                                                  the rules may cause CTPHs to impose                     a compression forum. The Exchange                     only a fraction of that two-sided interest
                                                  stricter position limits on their client                then aggregates these positions into a                has been closed out during previous
                                                  clearing members, which include CBOE                    single list containing the series in which            compression forums.14 The Exchange
                                                  Market-Makers. Such position limits                     opposite (long/short) interest was                    believes that TPHs are not taking
                                                  may impact the liquidity Market-Makers                  submitted to the Exchange. Prior to the               advantage of the compression forum
                                                  might supply in the SPX market, and                     open of trading on the third-to-last                  process, in part, because the process is
                                                  this impact may be compounded when                      business day of each calendar month                   too limited in terms of which positions
                                                  a CTPH has multiple Market-Maker                        (i.e. the first day of the month on which             have been determined to be eligible
                                                  client accounts, each having largely                    a compression forum is held), the                     compression-list positions (and
                                                  risk-neutral portfolio holdings.12 The                  Exchange makes available to all TPHs                  therefore eligible for the related fee
                                                  Exchange believes that permitting                       on its Web site the aggregate two-sided               rebate). Accordingly, the Exchange
                                                  Market-Makers and Floor Brokers (for                    list of compression-list positions for                proposes certain amendments to Rule
                                                  their own proprietary accounts or for                   those series (‘‘compression-list positions            6.56 to increase the efficiency and
                                                  the account of another on an agency                     file’’). In addition, TPHs that submit                effectiveness of the compression forums
                                                  basis) to efficiently close existing SPX                compression positions list to the                     process.
                                                  options positions through modified                      Exchange receive a compression-list
                                                  open outcry trading procedures on the                                                                         Proposal
                                                                                                          positions file containing the names of
                                                  Exchange floor may assist CTPHs and                     the TPHs that contributed to the file,                   The Exchange proposes to amend
                                                  TPHs to address bank regulatory capital                 including contact information for each                Rule 6.56 to remove the requirement
                                                  requirements and would likely have a                    TPH’s designated point of contact. This               that compression-list positions must be
                                                  beneficial effect on continued liquidity                list does not identify the specific                   positions with either: (1) A required
                                                  in the SPX options market without                       positions that any TPH has submitted to               capital charge equal to the minimum
                                                  adversely affecting market quality.                     the Exchange.                                         capital charge under the risk-based
                                                     In order to mitigate the potential                      The Exchange then holds open outcry                haircut calculator provided by the OCC
                                                  negative effects of these additional bank               ‘‘compression forums’’ in which all                   or (2) comprised of option series with a
                                                  regulatory capital requirements and                     TPHs may participate whether or not                   delta of ten (10) or less. In addition, the
                                                  foster continued liquidity in the SPX                   they submitted positions for inclusion                Exchange proposes to change the
                                                  options market in a manner consistent                   in the compression-list position file.                manner in which it publishes the
                                                  with the requirements, the Exchange                     Currently, trades executed during                     compression-list positions file and
                                                  recently adopted Rule 6.56 pursuant to                  compression forums are subject to                     amend the rules with respect to
                                                  which TPHs can reduce (or ‘‘compress’’)                 trading rules applicable to trading in                requirements for solicited transactions
                                                  existing positions in SPX at the end of                 SPX during Regular Trading Hours,                     executed through a compression forum.
                                                  each calendar month more efficiently                    including manner of bids and offers and               Finally, the Exchange proposes to make
                                                  through trading in an open outcry                       allocation and priority rules, except: (1)            certain non-substantive changes to
                                                  compression forum.13 The Exchange                       Only closing transactions in SPX                      clarify the text of Rule 6.56. The
                                                  believes that making available these                    options (including compression-list                   Exchange believes that these proposed
                                                  periodic trading forums, which allow                    positions) may be executed during a                   amendments to Rule 6.56 would
                                                  for closing transactions in SPX options                 compression forum; and (2) the                        enhance the effectiveness and utility of
                                                  series to occur at reduced transaction                  minimum increment for each series is                  its compression forums process.
                                                  fees likely contributes to additional                   $0.01 during a compression forum.                        Under current Rule 6.56(a)(1), prior to
                                                  liquidity and continued competitiveness                 TPHs that trade positions previously                  the close of Regular Trading Hours on
                                                  in the SPX market and promotes more                     submitted to the Exchange on a                        the fourth to last business day of each
                                                  efficient capital deployment in light of                compression list may then take                        calendar month, in a manner and format
                                                  bank regulatory capital requirements.                   advantage of the compression-list                     determined by the Exchange, a TPH may
                                                     Under current Rule 6.56, on the final                position fee rebate on portions of a                  provide the Exchange with a list of open
                                                  three business days of each calendar                    transaction that involve their                        SPX options positions with either a
                                                  month, the Exchange holds compression                   compression-list positions, which are                 required capital charge equal to the
                                                  forums in the SPX trading crowd.                        executed through a compression forum.                 minimum capital charge under the risk-
                                                  Beforehand, in order to facilitate TPHs                    The Exchange proposes to amend                     based haircut calculator provided by the
                                                  finding counterparty offsets against                    Rule 6.56 to enhance the effectiveness                OCC or comprised of option series with
                                                  which they can trade closing positions,                 and utility of its compression forums                 a delta of ten (10) or less that it would
                                                                                                          process for market participants. Based                like to close during the compression
                                                     12 Several TPHs have indicated to the Exchange
                                                                                                          on research, past compression forum                   forum for that calendar month
                                                  that the heightened bank regulatory requirements        results, and anecdotal evidence, the                  (‘‘compression-list positions’’).
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  could impact their ability to provide consistent
                                                  liquidity in the SPX options market unless they are     Exchange believes that the number of                  Compression-list positions may consist
                                                  able to efficiently close their positions in SPX.       SPX contracts closed in past
                                                     13 See Securities Exchange Act Release No. 79610     compression forums is only a small                      14 In the months since the adoption of Rule 6.56,

                                                  (December 20, 2016), 81 FR 95219 (December 27,          fraction of the number of SPX contracts               of the compression-list positions submitted to the
                                                  2016) (Notice of Filing and Immediate Effectiveness                                                           Exchange, less than 16% had offsetting interest, and
                                                  of a Proposed Rule Change Relating to Compression
                                                                                                          that TPHs would like to close out                     of those positions, less than 10% were actually
                                                  of S&P 500(R) Index Options Positions) (SR–CBOE–        because of bank regulatory capital-                   closed in transactions through a compression
                                                  2016–090).                                              related restraints. This is due, at least in          forum.



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                                                  21868                             Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                  of multi-legged positions in series of                                6.56(a)(1); any leg of any SPX position                 which both long and short positions
                                                  SPX options, which satisfy these                                      on its own would qualify without                        have been submitted to the Exchange
                                                  conditions. In turn, the Exchange                                     exception. Thus, under the proposed                     pursuant to paragraph (a)(1) and the size
                                                  rebates transaction fees for trading these                            rule, TPHs may simply submit a list of                  on each side in each of those series
                                                  positions against other closing SPX                                   single-leg positions to the Exchange in                 (‘‘compression-list positions file’’).
                                                  options positions in a compression                                    order to qualify for a rebate of the fees               Based on anecdotal evidence, the
                                                  forum so long as a rebate request form                                for any associated transactions.                        Exchange believes that TPHs are
                                                  is submitted by the TPH in compliance                                    The Exchange believes that the                       submitting fractions of positions that
                                                  with the parameters outlined in the                                   proposed change would encourage more                    they would like to compress to the
                                                  Exchange’s Fees Schedule.15                                           market participants to close out SPX                    Exchange as compression-list positions
                                                     The Exchange proposes to amend the                                 positions through compression forums                    because of the format in which the
                                                  definition of compression-list positions                              and help ensure continued depth of                      Exchange publishes the compression-
                                                  to include any SPX option position                                    liquidity in the SPX options market.                    list positions file. Specifically, the
                                                  submitted to the Exchange pursuant to                                 Based on the Exchange’s understanding                   Exchange believes TPHs are concerned
                                                  Rule 6.56(a)(1) that a TPH wishes to                                  of the number of SPX contracts that                     about revealing large position
                                                  close through a compression forum.                                    TPHs would like to close out each                       imbalances and thus are hesitant to
                                                  Specifically, the Exchange proposes to                                month for bank regulatory capital-                      submit their full eligible compression-
                                                  remove the text from paragraph (a)(1) of                              related purposes, the comparatively                     list positions to the Exchange. This
                                                  Rule 6.56 that requires a compression-                                small numbers of contracts submitted to                 results in an overall lowering of the
                                                  list position to either have a required                               the Exchange on average per month as                    compression forum efficiency, fewer
                                                  capital charge equal to the minimum                                   compression-list positions, and the even                SPX positions closed, and less reduced
                                                  capital charge under the risk-based                                   smaller number of SPX contracts closed                  capital that could be used to create and
                                                  haircut calculator provided by the OCC                                during compression forums, the                          maintain greater liquidity in the SPX
                                                  or be comprised of an option series with                              Exchange believes that the definition of                options market.
                                                  a delta of ten (10) or less. Accordingly,                             compression-list positions ought be                        If the Exchange were to only publish
                                                  the proposed rule text of the first                                   expanded to include any open SPX                        the offsetting size of long and short
                                                  sentence of Rule 6.56(a)(1) would                                     options positions that a TPH wishes to                  positions in each series, however, these
                                                  provide that prior to the close of Regular                            close during a compression forum (and                   concerns would be alleviated.
                                                  Trading Hours on the fourth to last                                   thus be eligible for a fee rebate).                     Accordingly, the Exchange proposes to
                                                  business day of each calendar month, in                               Although the parameters in current Rule                 amend paragraph (a)(2) to provide that
                                                  a manner and format determined by the                                 6.56(a)(1) were put in place as a                       it will publish only up to the size of the
                                                  Exchange, a TPH may provide the                                       mechanism for market participants to                    offsetting compression-list positions in
                                                  Exchange with a list of open SPX                                      close out-of-the-money (‘‘OTM’’)                        each series for which both long and
                                                  options positions that it would like to                               positions that might be held until                      short positions have been submitted to
                                                  close through the compression forum for                               expiration because of the cost of trading               the Exchange. Specifically, the
                                                  that calendar month (‘‘compression-list                               out of them and despite the large capital               Exchange proposed to amend paragraph
                                                  positions’’).                                                         charges associated with such positions,                 (a)(2) of Rule 6.56 to provide that prior
                                                     This proposed change would also                                    the Exchange believes that market                       to the open of Regular Trading Hours on
                                                  obviate the need for the provision that                               participants and, in particular, Market-                the third to last business day of each
                                                  compression-list positions may consist                                Makers have a need for a mechanism                      calendar month, the Exchange will
                                                  of multi-legged positions in series of                                that allows them to easily close other                  make available to all TPHs a list
                                                  SPX options, which satisfy the                                        less deep OTM SPX positions and even                    including each series for which both
                                                  conditions set forth in paragraph (a)(1)                              in-the-money (‘‘ITM’’) positions at                     long and short compression-list
                                                  of Rule 6.56. Under the current rule,                                 month’s end in order to free up capital                 positions have been submitted to the
                                                  TPHs may use offsetting positions to                                  that could then be deployed to provide                  Exchange and the size of the offsetting
                                                  create a multi-leg position with a                                    additional liquidity in the SPX options                 compression-list positions in those
                                                  required capital charge equal to the                                  market.                                                 series. The difference between the
                                                  minimum capital charge under the risk-                                   The Exchange also proposes to make                   current and proposed compression-list
                                                  based haircut calculator provided by the                              changes to paragraph (a)(2) of Rule 6.56                positions file publication methodologies
                                                  OCC. If the requirement that the                                      regarding the dissemination of the                      can be demonstrated through the
                                                  position have a required capital charge                               compression-list positions file. Under                  following example, which assumes that
                                                  equal to the minimum capital charge                                   current Rule 6.56, prior to the open of                 prior to the close of trading on the
                                                  under the risk-based haircut calculator                               Regular Trading Hours on the third to                   fourth to last business day of a
                                                  provided by the OCC were eliminated,                                  last business day of each calendar                      particular calendar month, the Exchange
                                                  then there would be no need to submit                                 month, the Exchange makes available to                  receives the following compression-list
                                                  a multi-leg position to make it qualify as                            all TPHs an aggregate two-sided (long/                  positions from TPHs XYZ, ABC, and
                                                  a compression-list position under Rule                                short) list including each series for                   123:

                                                                          Market participant                                                Symbol         Expiration date       Strike            Call/put          Size

                                                  XYZ   TRADING    .....................................................................        SPXW               6/2/2017              2000                 C          ¥125
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  XYZ   TRADING    .....................................................................        SPXW               6/2/2017              2005                 P          2500
                                                  XYZ   TRADING    .....................................................................        SPXW               6/2/2017              2110                 P           ¥75
                                                  XYZ   TRADING    .....................................................................        SPXW               6/2/2017              2200                 P          ¥166
                                                  XYZ   TRADING    .....................................................................        SPXW               6/2/2017              2210                 C           250
                                                  XYZ   TRADING    .....................................................................        SPXW               6/2/2017              2220                 C          2000

                                                     15 See Securities Exchange Act Release No. 79745                   (Notice of Filing and Immediate Effectiveness of a      Proposed Rule Change To Amend the Fees
                                                  (January 5, 2017), 82 FR 3379 (January 11, 2017)                                                                              Schedule) (SR–CBOE–2016–094).



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                                                                                           Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                                                            21869

                                                                                 Market participant                                                     Symbol                  Expiration date      Strike               Call/put          Size

                                                  XYZ TRADING .....................................................................                             SPXW                  6/2/2017                2300                    C         2500
                                                  XYZ TRADING .....................................................................                             SPXW                  6/2/2017                2350                    C         ¥652
                                                  XYZ TRADING .....................................................................                             SPXW                  6/2/2017                2360                    C        ¥1425


                                                                                 Market participant                                                     Symbol                  Expiration date      Strike               Call/put          Size

                                                  ABC    TRADING           ....................................................................                 SPXW                  6/2/2017                2000                    C          ¥76
                                                  ABC    TRADING           ....................................................................                 SPXW                  6/2/2017                2005                    P         ¥105
                                                  ABC    TRADING           ....................................................................                 SPXW                  6/2/2017                2050                    P         ¥166
                                                  ABC    TRADING           ....................................................................                 SPXW                  6/2/2017                2250                    C        ¥4000
                                                  ABC    TRADING           ....................................................................                 SPXW                  6/2/2017                2360                    C         1322
                                                  ABC    TRADING           ....................................................................                 SPXW                  6/2/2017                2500                    P          ¥50


                                                                                 Market participant                                                     Symbol                  Expiration date      Strike               Call/put          Size

                                                  123   TRADING          ......................................................................                 SPXW                  6/2/2017                2000                    C           50
                                                  123   TRADING          ......................................................................                 SPXW                  6/2/2017                2110                    P         ¥105
                                                  123   TRADING          ......................................................................                 SPXW                  6/2/2017                2220                    C         ¥200
                                                  123   TRADING          ......................................................................                 SPXW                  6/2/2017                2250                    P         ¥400
                                                  123   TRADING          ......................................................................                 SPXW                  6/2/2017                2250                    C          107
                                                  123   TRADING          ......................................................................                 SPXW                  6/2/2017                2300                    C         ¥200
                                                  123   TRADING          ......................................................................                 SPXW                  6/2/2017                2350                    P          ¥62
                                                  123   TRADING          ......................................................................                 SPXW                  6/2/2017                2360                    C        ¥5000
                                                  123   TRADING          ......................................................................                 SPXW                  6/2/2017                2500                    P         ¥300



                                                     Assuming that each of the positions                                       the current rule, the Exchange would                                 positions in each series for which both
                                                  listed above qualify as compression-list                                     compile the compression-list positions                               long and short positions had been
                                                  positions under Rule 6.56(a)(1), under                                       file by aggregating the long and short                               submitted to the Exchange as follows:

                                                                                         Symbol                                                   Expiration date                   Strike          Call/put              Long size       Short size

                                                  SPXW      ...................................................................................             6/2/2017                      2000                      C             50            ¥201
                                                  SPXW      ...................................................................................             6/2/2017                      2005                      P           2500            ¥105
                                                  SPXW      ...................................................................................             6/2/2017                      2220                      C           2000            ¥200
                                                  SPXW      ...................................................................................             6/2/2017                      2250                      C            107           ¥4000
                                                  SPXW      ...................................................................................             6/2/2017                      2300                      C           2500            ¥200
                                                  SPXW      ...................................................................................             6/2/2017                      2360                      C           1322           ¥6425



                                                    Under the Exchanges’ proposal to                                           short positions have been submitted to                               submitted to the Exchange, the
                                                  show only up to the offsetting size in                                       the Exchange, assuming the same                                      Exchange would publish the following
                                                  each series for which both long and                                          compression-list positions above were                                compression-list positions filing:

                                                                                                        Symbol                                                                   Expiration date      Strike              Call/put          Size

                                                  SPXW      .................................................................................................................          6/2/2017    2000    ............               C              50
                                                  SPXW      .................................................................................................................          6/2/2017    2005    ............               P             105
                                                  SPXW      .................................................................................................................          6/2/2017    2200   [sic] .....                 C             200
                                                  SPXW      .................................................................................................................          6/2/2017    2250    ............               C             107
                                                  SPXW      .................................................................................................................          6/2/2017    2300    ............               C             200
                                                  SPXW      .................................................................................................................          6/2/2017    2360    ............               C            1322



                                                    As demonstrated in the examples                                            the provisions of this Rule and the                                  in a compression forum at a particular
                                                  above, using the current method for                                          solicited transaction requirements                                   date and time, but that during these
                                                  compiling the compression-list                                               contained in Rule 6.9 and that trades                                communications, TPHs may not discuss
                                                  positions file, several large position                                       executed through a compression forum                                 the price of a potential transaction
                                                  imbalances would be shown to market                                          pursuant to Rule 6.56 and otherwise in                               involving these positions during a
                                                  participants, whereas under the                                              compliance with the Rules, including,                                compression forum. This restriction is
                                                  proposed method for compiling the                                            but not limited to Rule 6.9 will not be                              stricter than the Exchange’s normal
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  compression-list positions file, only the                                    deemed prearranged trades. Currently,                                trading rules, which, under Rule 6.9
                                                  net size would be shown.                                                     Rule 6.56(c) provides that TPHs may                                  (Solicited Transactions), permit price
                                                    The Exchange also proposes to amend                                        communicate with other TPHs to                                       discovery. The Exchange believes
                                                  Rule 6.56(c) to provide that TPHs may                                        determine: (1) A TPH’s open single-                                  permitting solicited transactions that
                                                  solicit a TPH or a non-TPH customer or                                       legged or multi-legged SPX position,                                 include discussion of price in
                                                  broker-dealer to transact through a                                          including side and size, and/or (2)                                  accordance with Rule 6.9 may enhance
                                                  compression forum in accordance with                                         whether a TPH anticipates participating                              the compression forum process. The


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                                                  21870                         Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                  proposed rule change also harmonizes                    (b), (b)(1), and (c), the Exchange                      to permit unfair discrimination between
                                                  the compression forum rules with                        proposes to change the word ‘‘during’’                  customers, issuers, brokers, or dealers.
                                                  requirements for solicited transactions                 to ‘‘through’’ to make clear that the rules                In particular, the Exchange believes
                                                  under Rule 6.9 and the provision of                     apply to transactions executed through                  the proposed rule change is reasonable,
                                                  Rule 6.56(b), which provides that trades                the compression forum process, rather                   equitable, and does not unfairly
                                                  executed through compression forums                     than transactions in series of SPX                      discriminate against any market
                                                  are subject to normal SPX trading rules,                options that may be executed during the                 participants. The Exchange notes that
                                                  apart from the specifically enumerated                  hours in which a compression forum is                   all TPHs with open SPX positions
                                                  exceptions as provided in Rule                          taking place, but outside of the                        submit compression-list positions (that
                                                  6.56(b)(1) and (2). The Exchange                        compression forum process.                              would be eligible for a fee rebate) in
                                                  believes that this amendment would                         The Exchange proposes to amend                       accordance with the proposed rule
                                                  further align the compression forum                     Rule 6.56(a)(4) to delete the word                      change. In fact, the proposed rule
                                                  trading rules with normal SPX trading                   ‘‘conduct’’ and replace it with the words               change would encourage participation
                                                  rules, which would clarify the Rules                    ‘‘make available.’’ Currently, Rule                     by additional participants as any market
                                                  and eliminate both potential confusion                  6.56(a)(4) provides that the Exchange                   participant holding an SPX position
                                                  and regulatory discrepancy.                             will conduct an open outcry                             could now submit positions eligible
                                                     The Exchange proposes to further                     ‘‘compression forum’’ in which all TPHs                 compression-list positions (that would
                                                  amend the text of Rule 6.56(c) to                       may participate on each of the last three               therefore qualify for a fee rebate), rather
                                                  provide that trades executed through a                  business days of every calendar month                   than only those with positions meeting
                                                  compression forum pursuant to Rule                      at a location on the trading floor                      certain limiting criteria. Any market
                                                  6.56 and otherwise in compliance with                   determined by the Exchange. The                         participant with an open SPX positions
                                                  the Rules, including but not limited to                 Exchange, however, does not conduct or                  could participate in a compression
                                                  Rule 6.9 (including a discussion of price               participate in the compression forum                    forum (including customers through
                                                  as permitted by that rule), will not be                 process. Rather, the Exchange provides                  CBOE Floor Brokers), as they would for
                                                  deemed prearranged trades.16 The                        a locale for the compression forums or                  any other SPX trade. Participation in
                                                  Exchange proposes to make                               ‘‘makes available’’ compression forums                  compression forums, as well as
                                                  corresponding changes to Rule 6.56(b)                   to TPHs. Accordingly, the Exchange                      advanced submission of compression-
                                                  to make clear that all normal SPX                       proposes changes to Rule 6.56(a)(4) to                  list positions, is optional, and TPHs may
                                                  trading rules apply to transactions                     make this point clear.                                  also continue to trade open SPX
                                                  executed through compression forums,                       Finally, the Exchange proposes                       positions during normal trading.
                                                  including but not limited to the                        changes to paragraph (b)(2) of Rule 6.56                   Furthermore, the Exchange believes
                                                  solicited transaction rules in Rule 6.9.                to make clear that the minimum                          that its proposal is consistent with the
                                                     The Exchange also proposes to make                   increment for bids and offers                           Act in that it seeks to foster liquidity in
                                                  several clarifying changes to the rule                  represented in open outcry in a                         the SPX options market in light of the
                                                  text of Rule 6.56. In paragraphs (a)(1),                compression forum is $0.01, both for                    bank regulatory capital requirements. As
                                                                                                          single series positions and with respect                described above, the Exchange believes
                                                     16 Under the Exchange’s policy concerning
                                                                                                          to complex orders                                       that the new bank regulatory capital
                                                  prearranged trading, TPHs are cautioned that any                                                                requirements could potentially limit the
                                                  purchase or sale, transaction or series of              2. Statutory Basis                                      amount of capital CTPHs can allocate to
                                                  transactions, coupled with an agreement,
                                                  arrangement or understanding, directly or indirectly       The Exchange believes the proposed                   their clients’ transactions, which in
                                                  to reverse such transaction which is not done for       rule change is consistent with the Act                  turn, may impact liquidity, particularly
                                                  a legitimate economic purpose or without                and the rules and regulations                           in the SPX market. Specifically, the
                                                  subjecting the transactions to market risk, violates
                                                  Exchange Rules and may be inconsistent with             thereunder applicable to the Exchange                   rules may cause CTPHs to impose
                                                  various provisions of the Act and rules thereunder.     and, in particular, the requirements of                 stricter position limits on their clients,
                                                  All transactions must be effected in accordance         Section 6(b) of the Act.17 Specifically,                including Market-Makers. The Exchange
                                                  with applicable trading rules, must be subject to       the Exchange believes the proposed rule                 believes that permitting TPHs to reduce
                                                  risk of the market, and must be reported for
                                                  dissemination. In addition, under the Exchange’s        change is consistent with the Section                   open interest in offsetting SPX options
                                                  policy, TPHs are reminded that Section 9(a)(1) of       6(b)(5) 18 requirements that the rules of               positions in the manner set out in Rule
                                                  the Act provides in relevant part that it shall be      an exchange be designed to prevent                      6.56 would likely contribute to the
                                                  unlawful for any member of a national securities        fraudulent and manipulative acts and                    availability of liquidity in the SPX
                                                  exchange, for the purpose of creating a false or
                                                  misleading appearance of active trading in any          practices, to promote just and equitable                options. The Exchange believes that the
                                                  security registered on a national securities exchange   principles of trade, to foster cooperation              proposed rule would serve to protect
                                                  or a false or misleading appearance with respect to     and coordination with persons engaged                   investors by helping to ensure
                                                  the market for any such security, (A) to effect any                                                             consistent continued depth of liquidity
                                                  transaction in such security which involves no
                                                                                                          in regulating, clearing, settling,
                                                  change in the beneficial ownership thereof, or (B)      processing information with respect to,                 in the SPX options market.
                                                  to enter an order or orders for the purchase of such    and facilitating transactions in                           The Exchange also believes the
                                                  security with the knowledge that an order or orders     securities, to remove impediments to                    proposed rule change is consistent with
                                                  substantially the same size, at substantially the                                                               the Act, because the proposed
                                                  same time, and at substantially the same price, for     and perfect the mechanism of a free and
                                                  the sale of any such security, has been or will be      open market and a national market                       procedure is consistent with its current
                                                  entered by or for the same or different parties. See    system, and, in general, to protect                     rules. The proposed rule would direct
                                                  CBOE Regulatory Circular RG16–190 (Prearranged          investors and the public interest.                      that all trading through compression
                                                  Trades). In this regard, Rule 6.56(c) is not intended                                                           forums be conducted in accordance
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  as an absolute safe harbor from prearranged trading
                                                                                                          Additionally, the Exchange believes the
                                                  prohibitions, but is instead intended to provide        proposed rule change is consistent with                 with normal SPX trading rules and thus,
                                                  that, the act of soliciting another party to transact   the Section 6(b)(5) 19 requirement that                 in the same manner as transactions
                                                  through a compression forum will not be deemed          the rules of an exchange not be designed                during normal SPX trading, except that
                                                  to be prearranged trading provided that the                                                                     they must be closing only and may be
                                                  transaction is otherwise executed in accordance
                                                  with the Rules, including, but not limited to, the
                                                                                                           17 15    U.S.C. 78f(b).                                in penny increments. In particular, the
                                                  Exchange’s solicitation rules and open outcry            18 15    U.S.C. 78f(b)(5).                             proposed changes to Rule 6.56(b) and (c)
                                                  trading procedures, as modified by Rule 6.56(b).         19 Id.                                                 would eliminate discrepancies in the


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                                                                               Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                                       21871

                                                  trading rules that apply to trading                     C. Self-Regulatory Organization’s                         All submissions should refer to File
                                                  through compression forums and                          Statement on Comments on the                              Number SR–CBOE–2017–035. This file
                                                  normal SPX trading rules by                             Proposed Rule Change Received From                        number should be included on the
                                                  harmonizing the solicited transactions                  Members, Participants, or Others                          subject line if email is used. To help the
                                                  rules and making trading through                          The Exchange neither solicited nor                      Commission process and review your
                                                  compression forums subject to the rules                 received written comments on the                          comments more efficiently, please use
                                                  set forth in Rule 6.9. Accordingly, the                 proposed rule change.                                     only one method. The Commission will
                                                  Exchange believes that the proposed                                                                               post all comments on the Commission’s
                                                  rule changes to Rule 6.56 would                         III. Date of Effectiveness of the                         Internet Web site (http://www.sec.gov/
                                                                                                          Proposed Rule Change and Timing for                       rules/sro.shtml). Copies of the
                                                  eliminate potential confusion caused by
                                                                                                          Commission Action                                         submission, all subsequent
                                                  regulatory discrepancies in the Rules
                                                                                                             Because the foregoing proposed rule                    amendments, all written statements
                                                  and provide additional clarity,
                                                                                                          change does not:                                          with respect to the proposed rule
                                                  specifically with respect to the
                                                                                                             A. Significantly affect the protection                 change that are filed with the
                                                  application of the solicited transaction                                                                          Commission, and all written
                                                  rules. The Exchange believes that the                   of investors or the public interest;
                                                                                                             B. impose any significant burden on                    communications relating to the
                                                  adoption of clear, transparent, and                                                                               proposed rule change between the
                                                  consistent rules is in the best interests               competition; and
                                                                                                             C. become operative for 30 days from                   Commission and any person, other than
                                                  of both investors and the general public.                                                                         those that may be withheld from the
                                                                                                          the date on which it was filed, or such
                                                  B. Self-Regulatory Organization’s                       shorter time as the Commission may                        public in accordance with the
                                                  Statement on Burden on Competition                      designate, it has become effective                        provisions of 5 U.S.C. 552, will be
                                                                                                          pursuant to Section 19(b)(3)(A) of the                    available for Web site viewing and
                                                     The Exchange does not believe that                   Act 20 and Rule 19b–4(f)(6) 21                            printing in the Commission’s Public
                                                  the proposed rule change will impose                    thereunder. At any time within 60 days                    Reference Room, 100 F Street NE.,
                                                  any burden on intramarket competition                   of the filing of the proposed rule change,                Washington, DC 20549, on official
                                                  that is not necessary or appropriate in                 the Commission summarily may                              business days between the hours of
                                                  furtherance of the Act because it applies               temporarily suspend such rule change if                   10:00 a.m. and 3:00 p.m. Copies of the
                                                  to all market participants with positions               it appears to the Commission that such                    filing also will be available for
                                                  that meet the eligible criteria in the                  action is necessary or appropriate in the                 inspection and copying at the principal
                                                  same manner. The proposed change                        public interest, for the protection of                    office of the Exchange. All comments
                                                  would encourage the closing of                          investors, or otherwise in furtherance of                 received will be posted without change;
                                                  positions, which, once closed, may                      the purposes of the Act. If the                           the Commission does not edit personal
                                                                                                          Commission takes such action, the                         identifying information from
                                                  serve to alleviate the capital
                                                                                                          Commission will institute proceedings                     submissions. You should submit only
                                                  requirement constraints on TPHs and
                                                                                                          to determine whether the proposed rule                    information that you wish to make
                                                  improve overall market liquidity by
                                                                                                          change should be approved or                              available publicly. All submissions
                                                  freeing capital currently tied up in                                                                              should refer to File Number SR–CBOE–
                                                  certain SPX positions. The Exchange                     disapproved.
                                                                                                                                                                    2017–035, and should be submitted on
                                                  does not believe that the proposed rule                 IV. Solicitation of Comments                              or before May 31, 2017.
                                                  changes will impose any burden on                         Interested persons are invited to                         For the Commission, by the Division of
                                                  intermarket competition that is not                     submit written data, views, and                           Trading and Markets, pursuant to delegated
                                                  necessary or appropriate in furtherance                 arguments concerning the foregoing,                       authority.22
                                                  of the purposes of the Act because the                  including whether the proposed rule                       Eduardo A. Aleman,
                                                  proposed rule change applies only to                    change is consistent with the Act.                        Assistant Secretary.
                                                  the trading of SPX options, which are                   Comments may be submitted by any of                       [FR Doc. 2017–09424 Filed 5–9–17; 8:45 am]
                                                  exclusively-listed on CBOE. To the                      the following methods:                                    BILLING CODE 8011–01–P
                                                  extent that the proposed changes make
                                                                                                          Electronic Comments
                                                  the Exchange a more attractive
                                                  marketplace for market participants at                    • Use the Commission’s Internet
                                                                                                                                                                    DEPARTMENT OF TRANSPORTATION
                                                  other exchanges, such market                            comment form (http://www.sec.gov/
                                                  participants are eligible to participant                rules/sro.shtml); or                                      Federal Aviation Administration
                                                  through CBOE TPHs. Furthermore, as                        • Send an email to rule-comments@
                                                  stated in Item 3(b) above, submission of                sec.gov. Please include File Number SR–                   Notice of Intent To Rule on Request To
                                                  lists of positions for compression is                   CBOE–2017–035 on the subject line.                        Release Airport Property at Walnut
                                                  completely voluntary, open to all TPHs,                 Paper Comments                                            Ridge Regional Airport, Walnut Ridge,
                                                  and non-binding, in that submission of                                                                            Arkansas
                                                                                                            • Send paper comments in triplicate
                                                  a list does not require a TPH to trade                  to Secretary, Securities and Exchange                     AGENCY:  Federal Aviation
                                                  any position or even represent any                      Commission, 100 F Street NE.,                             Administration (FAA), DOT.
                                                  position through a compression forum.                   Washington, DC 20549–1090.                                ACTION: Notice of request to release
                                                  Lists of positions will be made available                                                                         airport property.
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  to all TPHs simply alert TPHs to certain                  20 15  U.S.C. 78s(b)(3)(A).
                                                  SPX positions that other TPHs are                         21 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      SUMMARY:  The FAA proposes to rule and
                                                  interested in closing at the end of each                4(f)(6) requires a self-regulatory organization to give   invites public comment on the release of
                                                  calendar month.
                                                                                                          the Commission written notice of its intent to file       land at Walnut Ridge Regional Airport
                                                                                                          the proposed rule change at least five business days      under the provisions of Section 125 of
                                                                                                          prior to the date of filing of the proposed rule
                                                                                                          change, or such shorter time as designated by the         the Wendell H. Ford Aviation
                                                                                                          Commission. The Exchange has satisfied this
                                                                                                          requirement.                                                22 17   CFR 200.30–3(a)(12).



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Document Created: 2017-05-10 00:01:10
Document Modified: 2017-05-10 00:01:10
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 21866 

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