[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Notices]
[Pages 62502-62504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24680]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73338; File No. SR-CBOE-2014-076]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend a Pilot Program
October 10, 2014.
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 October 3, 2014, 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 Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to extend a pilot program. 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
On February 8, 2013, the Exchange received approval of a rule
change that established a Pilot Program that allows the Exchange to
list options on the S&P 500 Index whose exercise settlement value is
derived from closing prices on the last trading day prior to expiration
(``SPXPM'').\3\ On July 31, 2013, the Exchange received approval of a
rule change that amended the Pilot Program to allow the Exchange to
list options on the Mini-SPX Index (``XSP'') whose exercise settlement
value is derived from closing prices on the last trading day prior to
expiration (``P.M.-settled'') \4\ (together, SPXPM and P.M.-settled XSP
to be referred to herein as the ``Pilot Products'').\5\ In January
2014, the Exchange filed a proposed rule change that extended the pilot
period from February 8, 2014 to November 3, 2014.\6\ The Exchange
hereby proposes to extend the duration of this pilot period to end on
May 3, 2016.
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\3\ See Securities Exchange Act Release No. 68888 (February 8,
2013), 78 FR 10668 (February 14, 2013) (SR-CBOE-2012-120) (the
``SPXPM Pilot Program Approval Order'').
\4\ See Securities Exchange Act Release No. 70087 (July 31,
2013), 78 FR 47809 (August 6, 2013) (SR-CBOE-2013-055) (the ``P.M.-
settled XSP Approval Order'').
\5\ For more information on SPXPM, P.M.-settled XSP or the Pilot
Program, see the SPXPM Approval Order and the P.M.-settled XSP
Approval Order.
\6\ See Securities Exchange Act Release No. 71424 (January 28,
2014), 79 FR 6249 (February 3, 2014) (SR-CBOE-2014-004).
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During the course of the Pilot Program and in support of the
extension of the Pilot Program, the Exchange has submitted to the
Commission reports regarding the Pilot Program which detail the
Exchange's experience with the Pilot Program, pursuant to the SPXPM
Approval Order and the P.M.-settled XSP Approval Order. Specifically,
the Exchange has submitted a Pilot Program report to the Commission
(the ``annual report''). The annual report has contained an analysis of
volume, open interest, and trading patterns. The analysis examines
trading in Pilot Products as well as trading in the securities that
comprise the underlying index. In addition, for series that exceed
certain minimum open interest parameters, the annual report provides
analysis of index price volatility and share trading activity. In
addition to the annual report, the Exchange provides the Commission
with periodic interim
[[Page 62503]]
reports while the Pilot Program is in effect that contains some, but
not all, of the information contained in the annual report. The annual
report is provided to the Commission on a confidential basis.
The annual report contains the following volume and open interest
data:
(1) Monthly volume aggregated for all trades;
(2) monthly volume aggregated by expiration date;
(3) monthly volume for each individual series;
(4) month-end open interest aggregated for all series;
(5) month-end open interest for all series aggregated by expiration
date; and
(6) month-end open interest for each individual series.
In addition to the annual report, the Exchange provides the Commission
with interim reports of the information listed in Items (1) through (6)
above periodically as required by the Commission while the Pilot
Program is in effect. These interim reports are also provided on a
confidential basis. The annual report also contains the information
noted in Items (1) through (6) above for Expiration Friday, A.M.-
settled S&P 500 index options traded on CBOE.
In addition, the annual report contains the following analysis of
trading patterns in the Pilot Products options series in the Pilot
Program:
(1) A time series analysis of open interest; and
(2) an analysis of the distribution of trade sizes.
Also, for series that exceed certain minimum parameters, the annual
report contains the following analysis related to index price changes
and underlying share trading volume at the close on Expiration Fridays:
(1) A comparison of index price changes at the close of trading on
a given Expiration Friday with comparable price changes from a control
sample. The data includes a calculation of percentage price changes for
various time intervals and compare that information to the respective
control sample. Raw percentage price change data as well as percentage
price change data normalized for prevailing market volatility, as
measured by the CBOE Volatility Index (VIX), is provided; and
(2) a calculation of share volume for a sample set of the component
securities representing an upper limit on share trading that could be
attributable to expiring in-the-money series. The data includes a
comparison of the calculated share volume for securities in the sample
set to the average daily trading volumes of those securities over a
sample period.
The minimum open interest parameters, control sample, time
intervals, method for randomly selecting the component securities, and
sample periods are determined by the Exchange and the Commission. In
proposing to extend the Pilot Program, the Exchange will continue to
abide by the reporting requirements described herein, as well as in the
SPXPM Approval Order and the P.M.-settled XSP Approval Order.
The Exchange proposes the extension of the Pilot Program in order
to continue to give the Securities and Exchange Commission (the
``Commission'') more time to consider the impact of the Pilot Program.
To this point, CBOE believes that the Pilot Program has been well-
received by its Trading Permit Holders (``TPHs'') and the investing
public and the Exchange would like to continue to provide investors
with the ability to trade SPXPM and P.M.-settled XSP. All terms
regarding the trading of the Pilot Products shall continue to operate
as described in the SPXPM Approval Order and the P.M.-settled XSP
Approval Order. The Exchange merely proposes herein to extend the term
of the Pilot Program to May 3, 2016.
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.\7\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \8\ 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) \9\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
\9\ Id.
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In particular, the Exchange believes that the proposed extension of
the Pilot Program will continue to provide greater opportunities for
investors. Further, the Exchange believes that it has not experienced
any adverse effects or meaningful regulatory concerns from the
operation of the Pilot Program. As such, the Exchange believes that the
extension of the Pilot Program does not raise any unique or prohibitive
regulatory concerns. Also, the Exchange believes that such trading has
not, and will not, adversely impact fair and orderly markets on
Expiration Fridays for the underlying stocks comprising the S&P 500
index. The extension of the Pilot Program will continue to provide
investors with the opportunity to trade the desirable products of SPXPM
and P.M.-settled XSP, while also providing the Commission further
opportunity to observe such trading of the Pilot Products.
B. Self-Regulatory Organization's Statement on Burden on Competition
CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
the continuation of the Pilot Program will impose any unnecessary or
inappropriate burden on intramarket competition because it will
continue apply equally to all CBOE market participants and the Pilot
Products will be available to all CBOE market participants. The
Exchange believes there is sufficient investor interest and demand in
the Pilot Program to warrant its extension. The Exchange believes that,
for the period that the Pilot Program has been in operation, it has
provided investors with desirable products with which to trade.
Furthermore, the Exchange believes that it has not experienced any
adverse market effects or regulatory concerns with respect to the Pilot
Program. The Exchange further does not believe that the proposed
extension of the Pilot Program will impose any burden on intermarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because it only applies to trading on CBOE. To the
extent that the continued trading of the Pilot Products may make CBOE a
more attractive marketplace to market participants at other exchanges,
such market participants may elect to become CBOE market participants.
[[Page 62504]]
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) \11\ 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.
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\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6)(iii). Rule 19b-4(f)(6)(iii) states
the Exchange must provide the Commission with written notice of its
intent to file the proposed rule change, along with a brief
description and the text of the proposed rule change at least five
days 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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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-2014-076 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-2014-076. 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-2014-076 and should be
submitted on or before November 7, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-24680 Filed 10-16-14; 8:45 am]
BILLING CODE 8011-01-P