[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Notices]
[Pages 36468-36469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16397]



[[Page 36468]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81262; File No. SR-CBOE-2017-056]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Rule 6.1, Days and Hours of Business, To 
Clarify the Trading Hours for Options on Exchange-Traded Funds and 
Exchange-Traded Notes

July 31, 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 July 17, 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 purpose of this filing is to amend CBOE Rule 6.1 to clarify the 
trading hours for options on exchange-traded funds (``ETF's'') and 
exchange-traded notes (``ETNs''). The text of the proposed rule change 
is provided below.
    (additions are italicized; deletions are [bracketed])
* * * * *

Chicago Board Options Exchange, Incorporated Rules

* * * * *

Rule 6.1. Days and Hours of Business

    The Board shall determine by resolution the days the Exchange shall 
be open for business and the Regular Trading Hours and Extended Trading 
Hours of such days during which transactions may be made on the 
Exchange.

. . . Interpretations and Policies

    .01 (a) Regular Trading Hours. The Board of Directors has resolved 
that, except under unusual conditions as may be determined by the Board 
or its designee, Regular Trading Hours during which transactions in 
options on individual stocks may be made on the Exchange shall 
correspond to the normal hours for business established by the 
exchanges currently trading the stocks underlying CBOE options.
    (b) No change.
    .02 No change.
    .03 Regular Trading Hours. Options on units (or ETFs), as defined 
under Interpretation and Policy .06 to Rule 5.3, and options on Index-
Linked Securities (or ETNs), as defined under Interpretation and Policy 
.13 to Rule 5.3, may remain open for trading beyond 3:00 p.m. but in no 
case later than 3:15 p.m. (CT), as designated by the Exchange.
    [(a) Options on Units (or ETFs). Regular Trading Hours for options 
on Units, as defined under Interpretation and Policy .06 to Rule 5.3, 
and options on the PowerShares QQQ Trust (``QQQQ'') will last until 
3:15 p.m. (CT) each business day.
    (b) Options on Index-Linked Securities (or ETNs). Regular Trading 
Hours for options on Index-Linked Securities, as defined under 
Interpretation and Policy .13 to Rule 5.3, will last until 3:15 p.m. 
(CT) each business day.]
    .04--.05 No change.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to amend CBOE Rule 6.1 to clarify the 
trading hours for options on exchange-traded funds (``ETF's'') and 
exchange-traded notes (``ETNs''). Specifically, the Exchange seeks to 
amend Interpretation and Policy .03 to Rule 6.1 to provide that options 
on ETF's and ETNs (collectively exchange-traded products or ``ETPs'') 
may be traded on the Exchange until 3:15 p.m. (CT) each business day. 
The Exchange notes that the proposed rule is based on C2 Options 
Exchange, Incorporated (``C2'') Rule 6.1 and NYSE MKT LLC (``NYSE 
MKT'') Rule 901NY Commentary .02.
    Currently, Rule 6.1 provides that all options on ETPs will be 
traded on the Exchange until 3:15 p.m. (CT); however, industry practice 
and the Exchange's current practice allow the vast majority of options 
on ETPs to be traded until 3:00 p.m. (CT), while allowing certain 
options on ETPs to trade until 3:15 p.m. (CT).\5\ This filing seeks to 
align CBOE Rules with industry practice.
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    \5\ See e.g., the trading hours of options on NYSE MKT and NYSE 
Arca Inc., available at, https://www.nyse.com/markets/hours-calendars.
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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.\6\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \7\ 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) \8\ requirement that the rules of an exchange not be 
designed

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to permit unfair discrimination between customers, issuers, brokers, or 
dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
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    In particular, the proposed rule change will protect investors and 
the public interest by reducing potential confusing regarding CBOE's 
trading hours for options on ETPs and aligning CBOE's Rules regarding 
trading orders for options on ETPs with industry practice. The Exchange 
notes that the proposed rule is based on C2 Rule 6.1 and NYSE MKT Rule 
901NY Commentary .02.

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 proposed rule change will 
not impose any burden on intermarket or intramarket competition as the 
proposed rule change will align CBOE's Rules regarding trading orders 
for options on ETPs with industry practice. In addition, the proposed 
rule change does not modify the construct for trading hours but simply 
identifies the products that may close at 3:00 p.m. (CT) or 3:15 p.m. 
(CT), which is consistent with the industry.

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 \9\ and 
subparagraph (f)(6) Rule 19b-4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2017-056 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-2017-056. 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-2017-056 and should be 
submitted on or before August 25, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16397 Filed 8-3-17; 8:45 am]
 BILLING CODE 8011-01-P