[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Notices]
[Pages 40128-40129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19589]



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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-38852; File No. SR-CBOE-97-30]


Self-Regulatory Organizations; Notice of Filing and Order 
Granting Accelerated Approval of Proposed Rule Change by the Chicago 
Board Options Exchange, Inc. Relating to a Change to a Modified 
Capitalization-Weighted Index for the Goldman Sachs Technology 
Composite Index

July 18, 1997.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder, \2\ notice is hereby given 
that on July 9, 1997, the Chicago Board Options Exchange, Inc. 
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the self-
regulatory organization. The Exchange subsequently filed Amendment No. 
1 to the proposed rule change.\3\ The Exchange has requested 
accelerated approval for the proposal, as amended. This order approves 
the Exchange's proposal, as amended, on an accelerated basis and 
solicits comments from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1)(1988).
    \2\ 17 CFR 240.19b-4.
    \3\ See letter from Eileen Smith, Exchange, to Janice Mitnick, 
Commission, dated July 18, 1997 (``Amendment No. 1''). In Amendment 
No. 1, the Exchange amended its proposal to clarify how the Exchange 
would notify market participants of the change and also states that 
the impact of the change should be limited because as of July 14, 
1997, there were only seven contracts of open interest expiring 
after the July expiration date. amendment No. 1 also makes a 
technical correction to the rule filing regarding the basis of 
summary effectiveness of the proposal.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is proposing, pursuant to a determination by Goldman, 
Sachs & Co. (``Goldman Sachs''), to change the weighting methodology of 
its Goldman Sachs Technology Composite Index (``Composite Index'') from 
a capitalization-weighted index to a modified capitalization-weighted 
index, limiting components to a maximum of 8.5% of the Composite index 
weight.\4\ The Exchange seeks continued approval to list and trade 
options on these indexes after Goldman Sachs has instituted these 
changes.
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    \4\ The Composite Index is a capitalization-weighted index 
designed to measure the performance of the universe of high 
capitalization technology stocks. See Release No. 34-37693 
(September 17, 1996), 61 FR 50362 (September 25, 1996) (order 
approving the Exchange's propsal to trade options on the Composite 
Index (SR-CBOE-96-43)).
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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 self-regulatory organization 
included statements concerning the purpose of an 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 III below. The self-regulatory organization 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 currently lists and trades European-style, cash-
settled options on the Composite Index pursuant to approval by the 
Commission.\5\ The Composite Index is a capitalization-weighted index 
of the universe of technology-related company stocks which meet certain 
objective criteria.\6\ The Composite Index is re-balanced semi-
annually, in January and July.
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    \5\ See id., supra n. 4.
    \6\ See id., supra n. 4.
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    The Exchange has been informed by Goldman Sachs that as of the July 
1997 re-balancing (effective as of July 18, 1997), Goldman Sachs will 
be revising its weighting criteria for the Composite Index to a 
modified capitalization-weighted index. Under the new criteria, no 
stock can account for more than 8.5% of the weight of the Composite 
Index at each semi-annual re-balancing. This weighting methodology will 
be implemented in the same manner as the weighting methodology for the 
sub-indexes to the Composite Index which were previously approved for 
options trading by the Commission.\7\ The Exchange is requesting that 
the Commission approve the continued listing and trading of options on 
the Composite Index after this change is instituted by Goldman Sachs.
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    \7\ See Release No. 34-37696 (September 17, 1996), 61 FR 50358 
(September 25, 1996) (order approving the Exchange's proposal to 
trade options on six sub-indexes to the Composite Index (SR-CBOE-96-
44).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with and furthers the objectives of Section 6(b)(5) of the Act, in that 
it is designed to perfect the mechanisms of a free and open market, and 
to protect investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition.

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

    The Exchange states that no written comments were solicited or 
received with respect to the proposed rule change.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549. 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule changes that are filed 
with the Commission, and all written communications relating to the 
proposed rule changes 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 inspection and 
copying at the Commission's Public Reference Room. Copies of such 
filings also will be available for inspection and copying at the 
principal office of the Exchange. All submissions should refer to File 
No. SR-CBOE-97-30 and should be submitted by August 14, 1997.

IV. Commission's Findings and Order Granting Accelerated Approval of 
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent 
with the Act and the rules and regulations thereunder applicable to a 
national securities exchange, and, in particular, the requirements of 
Section 6(b)(5) thereunder.\8\ Specifically, the Commission finds that 
the Exchange's proposal to modify the weighting methodology of the 
Composite Index from a capitalization-weighted index to a modified 
capitalization-weighted

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index, which will limit components to a maximum of 8.5% of the 
Composite Index weight, will contribute to the maintenance of fair and 
orderly markets consistent with investor protection by ensuring that no 
one stock or group of stocks dominate the Composite Index.
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    \8\ In approving this proposal, the Commission notes that it has 
considered the proposal's impact on efficiency, competition, and 
capital formation. 15 U.S.C. 78c(f).
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    The Exchange states that approving the proposed change will allow 
the continued listing and trading of options on the Composite Index 
without interruption. As noted above, the change will alter the 
weighting methodology for the Composite Index from a capitalization-
weighted index to a modified capitalization-weighted index, limiting 
components to a maximum weight of 8.5% of the Composite Index.\9\ 
Currently, two components each comprise more than 8.5% of the Composite 
Index.\10\ The revision to a modified capitalization-weighted index 
will reduce the impact that those two components have on the index, 
thereby reducing the opportunity for the Composite Index to be 
dominated by a few component stocks.
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    \9\ Under a modified capitalization-weighted index, the number 
of index shares of a component stock which is not capped will equal 
the company's outstanding common shares. The umber of index shares 
for a stock which is capped will equal its maximum weight, 
multiplied by the adjusted total market capitalization of the 
Composite Index, and divided by the component stock's closing price 
on the rebalancing date. The Composite Index's adjusted total market 
capitalization is the total outstanding market capitalization, 
adjusted to reflect the number of capped stocks.
    \10\ As of July 2, 1997, Intel comprised 10.06% of the Composite 
Index, and Microsoft comprised 13.05% of the Composite Index. Phone 
conversation between Eileen Smith, Exchange and Janice Mitnick, 
Commission, on July 11, 1997.
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    The Commission believes that the proposed weighting method does not 
present any new or novel regulatory issues as the Exchange's proposal 
adopts a weighting method which was previously approved by the 
Commission for sub-indices to the Composite Index.\11\ The Composite 
Index will be calculated through a modified capitalization-weighted 
method, which is a hybrid between equal weighting (which may impose 
liquidity concerns for smaller-cap stocks) and capitalization weighting 
(which may result in two or three stocks dominating an index's 
performance). Under the method, the maximum weight for each component 
in the Composite Index will be capped at 8.5%, as of the semiannual 
rebalancing date. The weight of each component below 8.5% will be 
market capitalization weighted, and therefore will not be capped. At 
the time of semi-annual rebalancing, component stocks with weights in 
excess of their capped weight in the Composite Index will be restored 
to the appropriate capped weight. In approving this change, the 
Commission believes that the new methodology should be beneficial by 
preventing one or a few stocks from dominating the index and having an 
undue effect on the index value.
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    \11\ See supra n. 7.
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    The Exchange proposes to implement the change in calculating the 
Composite Index after the July expiration, at the close on July 18, 
1997. This coincides with the semi-annual rebalancing of the Composite 
Index. The Commission notes that as of July 14, there were only seven 
contracts of open interest which expired after the July expiration. 
While the change to a modified capitalization-weighted index will be 
applied to these open contracts, the Commission believes that the 
potential impact on those seven contracts is de minimis and that, in 
any case, any impact will be outweighed by the anticipated benefits 
from the alteration of the weighting mechanism.
    The Exchange has notified market participants of its proposal to 
alter the weighting methodology through a notice to members and member 
firms.\12\ The Exchange has also stated it will inform its members and 
member firms upon approval of the proposal by the Commission.\13\ The 
Commission believes that this will ensure investors have been 
adequately notified about the impending change prior to its 
implementation, and should provide them with sufficient time to make 
any desired adjustments to their positions.
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    \12\ See Amendment No. 1. supra n.3.
    \13\ Phone conversation between Eileen Smith, Exchange and 
Janice Mitnick, Commission, on July 16, 1997.
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    The Commission finds good cause to approve the proposal prior to 
the thirtieth day after the date of publication of notice of filing in 
the Federal Register. By accelerating the effectiveness of the 
Exchange's rule proposal, the Commission will enable the new weighting 
methodology to become effective concurrent with the effective date for 
the semi-annual rebalancing, subsequent to the July expiration. In 
addition, the Commission believes that the proposed weighting method 
does not present any new or novel regulatory issues as the Exchange's 
proposal adopts a weighting method which will assist in ensuring that 
one or a few components will not dominate the Composite Index. Further, 
as noted above, the modified-capitalization weighted method being 
adopted for the Composite Index is the same method approved by the 
Commission for the sub-indices to the Composite Index.\14\ Accordingly, 
the Commission believes that it is consistent with Sections 6(b)(5) and 
19(b)(2) of the Act to approve the proposed rule change on an 
accelerated basis.
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    \14\ See supra n.7.
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act, 
that the proposed rule change (File No. SR-CBOE-97-30), as amended, is 
hereby approved on an accelerated basis.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 97-19589 Filed 7-24-97; 8:45 am]
BILLING CODE 8010-01-M