82_FR_22788 82 FR 22694 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Quoting Bandwidth Allowance

82 FR 22694 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Quoting Bandwidth Allowance

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range22694-22696
FR Document2017-09924

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017)
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22694-22696]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09924]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80654; File No. SR-CBOE-2017-036]


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

May 11, 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 28, 2017, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I and II, below, which Items have been prepared by the 
Exchange. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to

[[Page 22695]]

Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) 
thereunder.\4\ The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule with respect to 
quoting bandwidth allowance. The text of the proposed rule change is 
available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule. The Fees Schedule 
currently sets forth the quoting bandwidth allowance for a Market-Maker 
Trading Permit for the Regular Trading Hours (``RTH'') session (``RTH 
MM Trading Permit'') and a Market-Maker Trading Permit for the Extended 
Hours Trading (``ETH'') session (``ETH MM Trading Permit''). The 
bandwidth allowance is referenced as a maximum number of quotes over 
the course of the trading session. Currently, the quoting bandwidth 
allowance for a RTH MM Trading Permit is equivalent to a maximum of 
40,500,000 quotes over the course of the trading sessions and the 
quoting bandwidth allowance for an ETH MM Trading Permit is equivalent 
to a maximum of 37,500,000 quotes over the course of the trading 
session. Additionally, to the extent a Market-Maker is able to submit 
electronic quotes in a Hybrid 3.0 class (such as an LMM that streams 
quotes in the class or a Market-Maker or LMM that streams quotes in a 
series of a Hybrid 3.0 class that trades on the Hybrid Trading System), 
the Market-Maker receives the quoting bandwidth allowance to quote in, 
and only in, that class.
    The Exchange proposes to increase the quoting bandwidth for RTH and 
ETH MM Trading Permits that are used for an appointment in S&P 500 
Index options (``SPX'') (including SPXW) (i.e., Hybrid 3.0 class). The 
Exchange notes that it recently proposed to move P.M.-settled S&P 500 
Index options expiring on the third-Friday of the month (``third-
Friday''), currently listed in a separate class and trading under the 
symbol ``SPXPM'', to the SPX class which includes the weekly SPXW. In 
connection with the move, the Exchange is changing the trading symbol 
for these options from ``SPXPM'' to ``SPXW.'' The Exchange notes that 
as a result of the move of SPXPM to SPXW, Market-Makers with an 
appointment in SPX will have an obligation to quote more series (i.e., 
series that were formerly SPXPM, will now become SPXW). As such, the 
Exchange intends to increase quoting bandwidth allowance for all 
Market-Maker Trading Permits used for appointments in SPX/SPXW in order 
to ensure adequate bandwidth capacity to meet their quoting obligations 
and ensure a smooth transition of SPXPM into the SPX/SPXW class. The 
Exchange therefore seeks to make a corresponding amendment to the Fees 
Schedule. Specifically, the Exchange proposes to provide that the 
maximum number of quotes over the course of the RTH trading session for 
Market-Maker Trading Permits used for SPX/SPXW appointments is 
81,000,000 and the maximum number of quotes over the course of the ETH 
trading session for Trading Permits used for an appointment in SPX/SPXW 
is 75,000,000. The Fees Schedule will also reflect that the quoting 
allowance for RTH MM Trading Permits used for an appointment in any 
options classes other than SPX/SPXW will remain at 40,500,000 and the 
allowance for ETH MM Trading Permits that do not have an appointment in 
SPX/SPXW will remain at 37,500,000. The Exchange notes that the 
increase of the respective quoting bandwidth allowances for RTH and ETH 
applies to all RTH and ETH Market-Maker Trading Permits used for SPX/
SPXW appointments.
    Lastly, the Exchange notes that it is not increasing the quoting 
bandwidth allowance for the Quoting and Order Entry Bandwidth Packets, 
as the Exchange does not believe it is necessary. Accordingly, the 
Exchange proposes to clarify in the Fees Schedule that the quoting 
allowance provided with a Quoting and Order Entry Bandwidth Packet is 
the same as the quoting allowance that is provided with Market-Maker 
Trading Permits not used for an appointment in SPX/SPXW.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\5\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \6\ 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) \7\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
---------------------------------------------------------------------------

    The Exchange believes that amending the Fees Schedule to accurately 
reflect the increase in quoting bandwidth allowance, alleviates 
confusion, thereby removing impediments to and perfecting the mechanism 
of a free open market and a national market system, and, in general, 
protecting investors and the public interest. The Exchange also notes 
that increasing quoting bandwidth for MM Trading Permits with an SPX/
SPXW appointment helps ensure that Market-Makers have an adequate 
capacity and ability to continue to make active markets, which also 
removes impediments to and perfects the mechanism of a free open market 
and a national market system, and, in general, protects investors and 
the public interest. Lastly, the Exchange believes it's equitable and 
not unfairly discriminatory to increase quoting bandwidth for Trading 
Permits with SPX/SPXW appointments as the number of series that need to 
be quoted in SPXW has increased due to the

[[Page 22696]]

migration of the trading symbol SPXPM to SPXW.

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

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that the proposed rule change will impose any burden on intramarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act because the proposed change applies to all Market-
Makers with Market-Maker Trading Permits used for a SPX/SPXW 
appointment and is merely updating the Fees Schedule to accurately 
reflect an increase in quoting bandwidth. Also, while quoting bandwidth 
was increased only for Trading Permits with SPX/SPXW appointments, 
Market-Makers with these appointments now have an increased number of 
series they need to quote due to the migration of the SPXPM symbol to 
SPXW. The Exchange believes that the proposed rule change will not 
cause an unnecessary burden on intermarket competition because it only 
applies to trading on CBOE. To the extent that the proposed changes 
make CBOE a more attractive marketplace for market participants at 
other exchanges, such market participants are welcome to become CBOE 
market participants.

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

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

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \8\ and 
subparagraph (f)(6) Rule 19b-4 thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally 
does not become operative for 30 days after the date of filing. 
However, Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange has requested that the 
Commission waive the 30-day operative delay to allow it to immediately 
update the Market-Maker Trading Permit bandwidth allowance for Trading 
Permits with an SPX/SPXW appointment. As discussed above, as a result 
of the recent move of the SPXPM class into SPXW, Market-Makers with an 
appointment in SPX now have an obligation to quote more series. The 
Commission believes that waiver of the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because the increased quoting bandwidth should help Market Makers with 
an SPX/SPXW appointment accommodate the increased number of series that 
they now need to quote and should help to accommodate, without undue 
delay, the maintenance of active quoted markets in SPX/SPXW, which 
should benefit of investors. Therefore, the Commission hereby waives 
the 30-day operative delay and designates the proposed rule change 
operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-CBOE-2017-036 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-2017-036. 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-2017-036 and should be 
submitted on or before June 7, 2017.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09924 Filed 5-16-17; 8:45 am]
 BILLING CODE 8011-01-P



                                               22694                        Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices

                                               C. Self-Regulatory Organization’s                       data.17 Therefore, the Commission                           Copies of the submission, all
                                               Statement on Comments on the                            hereby waives the 30-day operative                       subsequent amendments, all written
                                               Proposed Rule Change Received From                      delay and designates the proposed rule                   statements with respect to the proposed
                                               Members, Participants, or Others                        change to be operative on the date of                    rule change that are filed with the
                                                 No written comments were either                       filing.18                                                Commission, and all written
                                                                                                          At any time within 60 days of the                     communications relating to the
                                               solicited or received.
                                                                                                       filing of the proposed rule change, the                  proposed rule change between the
                                               III. Date of Effectiveness of the                       Commission summarily may                                 Commission and any person, other than
                                               Proposed Rule Change and Timing for                     temporarily suspend such rule change if                  those that may be withheld from the
                                               Commission Action                                       it appears to the Commission that such                   public in accordance with the
                                                                                                       action is necessary or appropriate in the                provisions of 5 U.S.C. 552, will be
                                                  Because the foregoing proposed rule
                                                                                                       public interest, for the protection of                   available for Web site viewing and
                                               change does not: (i) Significantly affect
                                                                                                       investors, or otherwise in furtherance of                printing in the Commission’s Public
                                               the protection of investors or the public
                                                                                                       the purposes of the Act. If the                          Reference Room, 100 F Street NE.,
                                               interest; (ii) impose any significant
                                                                                                       Commission takes such action, the                        Washington, DC 20549, on official
                                               burden on competition; and (iii) become
                                                                                                       Commission shall institute proceedings                   business days between the hours of
                                               operative for 30 days from the date on
                                                                                                       to determine whether the proposed rule                   10:00 a.m. and 3:00 p.m. Copies of the
                                               which it was filed, or such shorter time
                                                                                                       should be approved or disapproved.                       filing also will be available for
                                               as the Commission may designate, it has
                                                                                                       IV. Solicitation of Comments                             inspection and copying at the principal
                                               become effective pursuant to Section
                                                                                                                                                                office of the Exchange. All comments
                                               19(b)(3)(A) of the Act 14 and Rule 19b–                   Interested persons are invited to                      received will be posted without change;
                                               4(f)(6) thereunder.15                                   submit written data, views, and                          the Commission does not edit personal
                                                  A proposed rule change filed under                   arguments concerning the foregoing,                      identifying information from
                                               Rule 19(b)–4(f)(6) normally does not                    including whether the proposed rule                      submissions. You should submit only
                                               become operative prior to 30 days after                 change is consistent with the Act.                       information that you wish to make
                                               the date of the filing. However, pursuant               Comments may be submitted by any of                      available publicly. All submissions
                                               to Rule 19b–4(f)(6)(iii), the Commission                the following methods:                                   should refer to File Number SR–
                                               may designate a shorter time if such                                                                             NASDAQ–2017–044 and should be
                                               action is consistent with the protection                Electronic Comments
                                                                                                                                                                submitted on or before June 7, 2017.
                                               of investors and the public interest. The                 • Use the Commission’s Internet
                                               Exchange has filed the proposed rule                    comment form (http://www.sec.gov/                          For the Commission, by the Division of
                                                                                                                                                                Trading and Markets, pursuant to delegated
                                               change for immediate effectiveness and                  rules/sro.shtml); or
                                                                                                                                                                authority.19
                                               has requested that the Commission                         • Send an email to rule-comments@
                                                                                                       sec.gov. Please include File Number SR–                  Eduardo A. Aleman,
                                               waive the requirement that the proposed
                                               rule change not become operative for 30                 NASDAQ–2017–044 on the subject line.                     Assistant Secretary.
                                               days after the date of the filing so that                                                                        [FR Doc. 2017–09925 Filed 5–16–17; 8:45 am]
                                                                                                       Paper Comments
                                               it may become operative on the date of                                                                           BILLING CODE 8011–01–P
                                               filing.                                                    • Send paper comments in triplicate
                                                  The Exchange notes that the proposed                 to Brent J. Fields, Secretary, Securities
                                               rule change is intended to mitigate                     and Exchange Commission, 100 F Street                    SECURITIES AND EXCHANGE
                                               confidentiality concerns raised in                      NE., Washington, DC 20549–1090.                          COMMISSION
                                               connection with Section VII(A) of the                   All submissions should refer to File                     [Release No. 34–80654; File No. SR–CBOE–
                                               Plan, which provides that the data made                 Number SR–NASDAQ–2017–044. This                          2017–036]
                                               publicly available will not identify the                file number should be included on the
                                               Trading Center that generated the data.                 subject line if email is used. To help the               Self-Regulatory Organizations;
                                               The Exchange states that the additional                 Commission process and review your                       Chicago Board Options Exchange,
                                               time would allow consideration of a                     comments more efficiently, please use                    Incorporated; Notice of Filing and
                                               methodology to mitigate concerns                        only one method. The Commission will                     Immediate Effectiveness of a Proposed
                                               related to the publication of Appendix                  post all comments on the Commission’s                    Rule Change Relating to Quoting
                                               B data.16                                               Internet Web site (http://www.sec.gov/                   Bandwidth Allowance
                                                  The Commission believes that                         rules/sro.shtml).                                        May 11, 2017.
                                               waiving the 30-day operative delay is                                                                               Pursuant to Section 19(b)(1) of the
                                                                                                          17 The Commission recently granted exemptive
                                               consistent with the protection of                                                                                Securities Exchange Act of 1934 (the
                                                                                                       relief to the Participants to delay the publication of
                                               investors and the public interest                       their Appendix B data until August 31, 2017. See         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               because it will synchronize the timing                  Letter from David S. Shillman, Associate Director,       notice is hereby given that on April 28,
                                               for publication of Appendix B data for                  Division of Trading and Markets, Commission, to          2017, Chicago Board Options Exchange,
                                               all Participants, which should enhance                  Jennifer Piorko Mitchell, Vice President and Deputy
                                                                                                       Corporate Secretary, FINRA, dated April 28, 2017.
                                                                                                                                                                Incorporated (the ‘‘Exchange’’ or
                                               the consistency and usefulness of the                   The Commission notes that other Participants have        ‘‘CBOE’’) filed with the Securities and
                                                                                                       submitted proposed rule changes to delay the             Exchange Commission (the
                                                 14 15 U.S.C. 78s(b)(3)(A).                            publication of Appendix B data until August 31,          ‘‘Commission’’) the proposed rule
                                                 15 17 CFR 240.19b–4(f)(6).                            2017. See e.g., SR–BatsBYX–2017–10; SR–
                                                 16 The Commission recently approved a FINRA           BatsBZX–2017–31; SR–BatsEDGA–2017–10; SR–
                                                                                                                                                                change as described in Items I and II,
                                                                                                                                                                below, which Items have been prepared
nlaroche on DSK30NT082PROD with NOTICES




                                               proposal to implement an aggregated, anonymous          BatsEDGX–2017–19; SR–BX–2017–022; SR–CHX–
                                               grouped masking methodology for the publication         2017–07; SR–FINRA–2017–010; SR–IEX–2017–12;              by the Exchange. The Exchange filed the
                                               of Appendix B data related to OTC trading activity.     SR–Phlx–2017–33; SR–NYSE–2017–19; SR–                    proposal as a ‘‘non-controversial’’
                                               See Securities Exchange Release No. 80551, (April       NYSEArca–2017–49; SR–NYSEMKT–2017–24.
                                                                                                                                                                proposed rule change pursuant to
                                               28, 2017), 82 FR 20948 (May 4, 2017). See also             18 For purposes only of waiving the operative

                                               Letter from David S. Shillman, Associate Director,      delay for this proposal, the Commission has
                                                                                                                                                                  19 17 CFR 200.30–3(a)(12).
                                               Division of Trading and Markets, Commission, to         considered the proposed rule’s impact on
                                                                                                                                                                  1 15 U.S.C. 78s(b)(1).
                                               Marcia E. Asquith, Executive Vice President FINRA,      efficiency, competition, and capital formation. See
                                               dated April 28, 2017.                                   15 U.S.C. 78c(f).                                          2 17 CFR 240.19b–4.




                                          VerDate Sep<11>2014   15:18 May 16, 2017   Jkt 241001   PO 00000   Frm 00052   Fmt 4703   Sfmt 4703   E:\FR\FM\17MYN1.SGM       17MYN1


                                                                                  Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices                                         22695

                                               Section 19(b)(3)(A)(iii) of the Act 3 and                 LMM that streams quotes in the class or               proposes to clarify in the Fees Schedule
                                               Rule 19b–4(f)(6) thereunder.4 The                         a Market-Maker or LMM that streams                    that the quoting allowance provided
                                               Commission is publishing this notice to                   quotes in a series of a Hybrid 3.0 class              with a Quoting and Order Entry
                                               solicit comments on the proposed rule                     that trades on the Hybrid Trading                     Bandwidth Packet is the same as the
                                               change from interested persons.                           System), the Market-Maker receives the                quoting allowance that is provided with
                                                                                                         quoting bandwidth allowance to quote                  Market-Maker Trading Permits not used
                                               I. Self-Regulatory Organization’s
                                                                                                         in, and only in, that class.                          for an appointment in SPX/SPXW.
                                               Statement of the Terms of Substance of                       The Exchange proposes to increase
                                               the Proposed Rule Change                                  the quoting bandwidth for RTH and                     2. Statutory Basis
                                                  The Exchange proposes to amend its                     ETH MM Trading Permits that are used                     The Exchange believes the proposed
                                               Fees Schedule with respect to quoting                     for an appointment in S&P 500 Index                   rule change is consistent with the
                                               bandwidth allowance. The text of the                      options (‘‘SPX’’) (including SPXW) (i.e.,             Securities Exchange Act of 1934 (the
                                               proposed rule change is available on the                  Hybrid 3.0 class). The Exchange notes                 ‘‘Act’’) and the rules and regulations
                                               Exchange’s Web site (http://                              that it recently proposed to move P.M.-               thereunder applicable to the Exchange
                                               www.cboe.com/AboutCBOE/                                   settled S&P 500 Index options expiring                and, in particular, the requirements of
                                               CBOELegalRegulatoryHome.aspx), at                         on the third-Friday of the month                      Section 6(b) of the Act.5 Specifically,
                                               the Exchange’s Office of the Secretary,                   (‘‘third-Friday’’), currently listed in a             the Exchange believes the proposed rule
                                               and at the Commission’s Public                            separate class and trading under the                  change is consistent with the Section
                                               Reference Room.                                           symbol ‘‘SPXPM’’, to the SPX class                    6(b)(5) 6 requirements that the rules of
                                               II. Self-Regulatory Organization’s                        which includes the weekly SPXW. In                    an exchange be designed to prevent
                                               Statement of the Purpose of, and                          connection with the move, the Exchange                fraudulent and manipulative acts and
                                               Statutory Basis for, the Proposed Rule                    is changing the trading symbol for these              practices, to promote just and equitable
                                               Change                                                    options from ‘‘SPXPM’’ to ‘‘SPXW.’’ The               principles of trade, to foster cooperation
                                                                                                         Exchange notes that as a result of the                and coordination with persons engaged
                                                  In its filing with the Commission, the                 move of SPXPM to SPXW, Market-
                                               Exchange included statements                                                                                    in regulating, clearing, settling,
                                                                                                         Makers with an appointment in SPX                     processing information with respect to,
                                               concerning the purpose of and basis for                   will have an obligation to quote more
                                               the proposed rule change and discussed                                                                          and facilitating transactions in
                                                                                                         series (i.e., series that were formerly               securities, to remove impediments to
                                               any comments it received on the                           SPXPM, will now become SPXW). As
                                               proposed rule change. The text of these                                                                         and perfect the mechanism of a free and
                                                                                                         such, the Exchange intends to increase
                                               statements may be examined at the                                                                               open market and a national market
                                                                                                         quoting bandwidth allowance for all
                                               places specified in Item IV below. The                                                                          system, and, in general, to protect
                                                                                                         Market-Maker Trading Permits used for
                                               Exchange has prepared summaries, set                                                                            investors and the public interest.
                                                                                                         appointments in SPX/SPXW in order to
                                               forth in sections A, B, and C below, of                                                                         Additionally, the Exchange believes the
                                                                                                         ensure adequate bandwidth capacity to
                                               the most significant aspects of such                                                                            proposed rule change is consistent with
                                                                                                         meet their quoting obligations and
                                               statements.                                                                                                     the Section 6(b)(5) 7 requirement that
                                                                                                         ensure a smooth transition of SPXPM
                                                                                                                                                               the rules of an exchange not be designed
                                               A. Self-Regulatory Organization’s                         into the SPX/SPXW class. The Exchange
                                                                                                                                                               to permit unfair discrimination between
                                               Statement of the Purpose of, and                          therefore seeks to make a corresponding
                                                                                                         amendment to the Fees Schedule.                       customers, issuers, brokers, or dealers.
                                               Statutory Basis for, the Proposed Rule
                                                                                                         Specifically, the Exchange proposes to                   The Exchange believes that amending
                                               Change
                                                                                                         provide that the maximum number of                    the Fees Schedule to accurately reflect
                                               1. Purpose                                                quotes over the course of the RTH                     the increase in quoting bandwidth
                                                  The Exchange proposes to amend its                     trading session for Market-Maker                      allowance, alleviates confusion, thereby
                                               Fees Schedule. The Fees Schedule                          Trading Permits used for SPX/SPXW                     removing impediments to and
                                               currently sets forth the quoting                          appointments is 81,000,000 and the                    perfecting the mechanism of a free open
                                               bandwidth allowance for a Market-                         maximum number of quotes over the                     market and a national market system,
                                               Maker Trading Permit for the Regular                      course of the ETH trading session for                 and, in general, protecting investors and
                                               Trading Hours (‘‘RTH’’) session (‘‘RTH                    Trading Permits used for an                           the public interest. The Exchange also
                                               MM Trading Permit’’) and a Market-                        appointment in SPX/SPXW is                            notes that increasing quoting bandwidth
                                               Maker Trading Permit for the Extended                     75,000,000. The Fees Schedule will also               for MM Trading Permits with an SPX/
                                               Hours Trading (‘‘ETH’’) session (‘‘ETH                    reflect that the quoting allowance for                SPXW appointment helps ensure that
                                               MM Trading Permit’’). The bandwidth                       RTH MM Trading Permits used for an                    Market-Makers have an adequate
                                               allowance is referenced as a maximum                      appointment in any options classes                    capacity and ability to continue to make
                                               number of quotes over the course of the                   other than SPX/SPXW will remain at                    active markets, which also removes
                                               trading session. Currently, the quoting                   40,500,000 and the allowance for ETH                  impediments to and perfects the
                                               bandwidth allowance for a RTH MM                          MM Trading Permits that do not have an                mechanism of a free open market and a
                                               Trading Permit is equivalent to a                         appointment in SPX/SPXW will remain                   national market system, and, in general,
                                               maximum of 40,500,000 quotes over the                     at 37,500,000. The Exchange notes that                protects investors and the public
                                               course of the trading sessions and the                    the increase of the respective quoting                interest. Lastly, the Exchange believes
                                               quoting bandwidth allowance for an                        bandwidth allowances for RTH and ETH                  it’s equitable and not unfairly
                                               ETH MM Trading Permit is equivalent                       applies to all RTH and ETH Market-                    discriminatory to increase quoting
                                               to a maximum of 37,500,000 quotes over                    Maker Trading Permits used for SPX/                   bandwidth for Trading Permits with
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                                               the course of the trading session.                        SPXW appointments.                                    SPX/SPXW appointments as the number
                                               Additionally, to the extent a Market-                        Lastly, the Exchange notes that it is              of series that need to be quoted in
                                               Maker is able to submit electronic                        not increasing the quoting bandwidth                  SPXW has increased due to the
                                               quotes in a Hybrid 3.0 class (such as an                  allowance for the Quoting and Order
                                                                                                         Entry Bandwidth Packets, as the                         5 15    U.S.C. 78f(b).
                                                 3 15 U.S.C. 78s(b)(3)(A)(iii).                          Exchange does not believe it is                         6 15    U.S.C. 78f(b)(5).
                                                 4 17 CFR 240.19b–4(f)(6).                               necessary. Accordingly, the Exchange                    7 Id.




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                                               22696                          Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices

                                               migration of the trading symbol SPXPM                        A proposed rule change filed under                 Electronic Comments
                                               to SPXW.                                                  Rule 19b–4(f)(6) 10 normally does not
                                                                                                         become operative for 30 days after the                  • Use the Commission’s Internet
                                               B. Self-Regulatory Organization’s                                                                               comment form (http://www.sec.gov/
                                               Statement on Burden on Competition                        date of filing. However, Rule 19b–
                                                                                                         4(f)(6)(iii) 11 permits the Commission to             rules/sro.shtml); or
                                                  CBOE does not believe that the                         designate a shorter time if such action                 • Send an email to rule-comments@
                                               proposed rule change will impose any                      is consistent with the protection of                  sec.gov. Please include File Number SR–
                                               burden on competition that is not                         investors and the public interest. The                CBOE–2017–036 on the subject line.
                                               necessary or appropriate in furtherance                   Exchange has requested that the
                                               of the purposes of the Act. The                           Commission waive the 30-day operative                 Paper Comments
                                               Exchange does not believe that the                        delay to allow it to immediately update
                                               proposed rule change will impose any                                                                              • Send paper comments in triplicate
                                                                                                         the Market-Maker Trading Permit                       to Secretary, Securities and Exchange
                                               burden on intramarket competition that                    bandwidth allowance for Trading
                                               is not necessary or appropriate in                                                                              Commission, 100 F Street NE.,
                                                                                                         Permits with an SPX/SPXW                              Washington, DC 20549–1090.
                                               furtherance of the purposes of the Act                    appointment. As discussed above, as a
                                               because the proposed change applies to                    result of the recent move of the SPXPM                All submissions should refer to File
                                               all Market-Makers with Market-Maker                                                                             Number SR–CBOE–2017–036. This file
                                                                                                         class into SPXW, Market-Makers with
                                               Trading Permits used for a SPX/SPXW                                                                             number should be included on the
                                                                                                         an appointment in SPX now have an
                                               appointment and is merely updating the                                                                          subject line if email is used. To help the
                                                                                                         obligation to quote more series. The
                                               Fees Schedule to accurately reflect an                                                                          Commission process and review your
                                                                                                         Commission believes that waiver of the
                                               increase in quoting bandwidth. Also,
                                                                                                         30-day operative delay is consistent                  comments more efficiently, please use
                                               while quoting bandwidth was increased
                                                                                                         with the protection of investors and the              only one method. The Commission will
                                               only for Trading Permits with SPX/
                                               SPXW appointments, Market-Makers                          public interest because the increased                 post all comments on the Commission’s
                                               with these appointments now have an                       quoting bandwidth should help Market                  Internet Web site (http://www.sec.gov/
                                               increased number of series they need to                   Makers with an SPX/SPXW                               rules/sro.shtml). Copies of the
                                               quote due to the migration of the                         appointment accommodate the                           submission, all subsequent
                                               SPXPM symbol to SPXW. The Exchange                        increased number of series that they                  amendments, all written statements
                                               believes that the proposed rule change                    now need to quote and should help to                  with respect to the proposed rule
                                               will not cause an unnecessary burden                      accommodate, without undue delay, the                 change that are filed with the
                                               on intermarket competition because it                     maintenance of active quoted markets in               Commission, and all written
                                               only applies to trading on CBOE. To the                   SPX/SPXW, which should benefit of                     communications relating to the
                                               extent that the proposed changes make                     investors. Therefore, the Commission                  proposed rule change between the
                                               CBOE a more attractive marketplace for                    hereby waives the 30-day operative                    Commission and any person, other than
                                               market participants at other exchanges,                   delay and designates the proposed rule                those that may be withheld from the
                                               such market participants are welcome to                   change operative upon filing.12                       public in accordance with the
                                               become CBOE market participants.                             At any time within 60 days of the                  provisions of 5 U.S.C. 552, will be
                                               C. Self-Regulatory Organization’s                         filing of the proposed rule change, the               available for Web site viewing and
                                               Statement on Comments on the                              Commission summarily may                              printing in the Commission’s Public
                                               Proposed Rule Change Received From                        temporarily suspend such rule change if               Reference Room, 100 F Street NE.,
                                               Members, Participants, or Others                          it appears to the Commission that such                Washington, DC 20549 on official
                                                                                                         action is necessary or appropriate in the             business days between the hours of
                                                 The Exchange neither solicited nor                      public interest, for the protection of                10:00 a.m. and 3:00 p.m. Copies of the
                                               received comments on the proposed                         investors, or otherwise in furtherance of             filing also will be available for
                                               rule change.                                              the purposes of the Act. If the                       inspection and copying at the principal
                                               III. Date of Effectiveness of the                         Commission takes such action, the                     office of the Exchange. All comments
                                               Proposed Rule Change and Timing for                       Commission will institute proceedings                 received will be posted without change;
                                               Commission Action                                         to determine whether the proposed rule                the Commission does not edit personal
                                                                                                         change should be approved or                          identifying information from
                                                 Because the foregoing proposed rule                     disapproved.
                                               change does not: (i) Significantly affect                                                                       submissions. You should submit only
                                               the protection of investors or the public                 IV. Solicitation of Comments                          information that you wish to make
                                               interest; (ii) impose any significant                                                                           available publicly. All submissions
                                               burden on competition; and (iii) become                     Interested persons are invited to                   should refer to File Number SR–CBOE–
                                               operative for 30 days from the date on                    submit written data, views, and                       2017–036 and should be submitted on
                                               which it was filed, or such shorter time                  arguments concerning the foregoing,                   or before June 7, 2017.
                                               as the Commission may designate, it has                   including whether the proposed rule
                                                                                                         change is consistent with the Act.                      For the Commission, by the Division of
                                               become effective pursuant to Section                                                                            Trading and Markets, pursuant to delegated
                                               19(b)(3)(A)(iii) of the Act 8 and                         Comments may be submitted by any of
                                                                                                         the following methods:                                authority.13
                                               subparagraph (f)(6) Rule 19b–4
                                                                                                                                                               Eduardo A. Aleman,
                                               thereunder.9
                                                                                                         as designated by the Commission. The Exchange         Assistant Secretary.
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                                                 8 15  U.S.C. 78s(b)(3)(A).                              has satisfied this requirement.                       [FR Doc. 2017–09924 Filed 5–16–17; 8:45 am]
                                                  9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–          10 17 CFR 240.19b–4(f)(6).
                                                                                                            11 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                               BILLING CODE 8011–01–P
                                               4(f)(6)(iii) requires the Exchange to give the
                                               Commission written notice of the Exchange’s intent           12 For purposes only of waiving the 30-day

                                               to file the proposed rule change, along with a brief      operative delay, the Commission also has
                                               description and text of the proposed rule change,         considered the proposed rule’s impact on
                                               at least five business days prior to the date of filing   efficiency, competition, and capital formation. See
                                               of the proposed rule change, or such shorter time         15 U.S.C. 78c(f).                                       13 17   CFR 200.30–3(a)(12).



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Document Created: 2017-05-17 01:42:14
Document Modified: 2017-05-17 01:42:14
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 22694 

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