§ 16.01 Publication of market data on futures, swaps and options thereon: trading volume, open contracts, prices, and critical dates. ( a ) *Trading volume and open contracts.* ( 1 ) Each reporting market, as defined in part 15 of this chapter, must separately record for each business day the information prescribed in paragraphs (a)(2)(i) through (vi) of this section for each of the following contract categories: ( i ) For futures, by commodity and by futures expiration date;
( ii ) For options, by underlying futures contracts for options on futures contracts or by underlying commodity for options on commodities, and by put, by call, by expiration date and by strike price;
( iii ) For swaps or class of swaps, by product type and by term life of the swap; and
( iv ) For options on swaps or classes of options on swaps, by underlying swap contracts for options on swap contracts or by underlying commodity for options on swaps on commodities, and by put, by call, by expiration date and by strike price.
( 2 ) Each reporting market must record for each trading session the following trading volume and open interest summary data: ( i ) The option delta, where a delta system is used;
( ii ) The total gross open contracts for futures, excluding those contracts against which delivery notices have been stopped;
( iii ) For futures products that specify delivery, open contracts against which delivery notices have been issued on that business day;
( iv ) The total volume of trading, excluding transfer trades or office trades: ( A ) For swaps and options on swaps, trading volume shall be reported in terms of the number of contracts traded for standard-sized contracts (*i.e.*, contracts with a set contract size for all transactions) or in terms of notional value for non-standard-sized contracts (*i.e.*, contracts whose contract size is not set and can vary for each transaction).
( B ) [Reserved]
( v ) The total volume of futures/options/swaps/swaptions exchanged for commodities or for derivatives positions that are included in the total volume of trading; and
( vi ) The total volume of block trades included in the total volume of trading.
( b ) *Prices.* ( 1 ) Each reporting market must record the following contract types separately ( i ) For futures, by commodity and by futures expiration;
( ii ) For options, by underlying futures contracts for options on futures contracts or by underlying commodity for options on commodities, and by put, by call, by expiration date and by strike price;
( iii ) For swaps, by product type and contract month or term life of the swap; and
( iv ) For options on swaps or classes of options on swaps, by underlying swap contracts for options on swap contracts or by underlying commodity for options on swaps on commodities, and by put, by call, by expiration date and by strike price.
( 2 ) Each reporting market must record for the trading session and for the opening and closing periods of trading as determined by each reporting market: ( i ) The opening and closing prices of each futures, option, swap or swaption;
( ii ) The price that is used for settlement purposes, if different from the closing price; and
( iii ) The lowest price of a sale or offer, whichever is lower, and the highest price of a sale or bid, whichever is higher, that the reporting market reasonably determines accurately reflects market conditions. Bids and offers vacated or withdrawn shall not be used in making this determination. A bid is vacated if followed by a higher bid or price and an offer is vacated if followed by a lower offer or price.
( 3 ) If there are no transactions, bids, or offers during the opening or closing periods, the reporting market may record as appropriate: ( i ) The first price (in lieu of opening price data) or the last price (in lieu of closing price data) occurring during the trading session, clearly indicating that such prices are the first and last prices; or
( ii ) Nominal opening or nominal closing prices that the reporting market reasonably determines to accurately reflect market conditions, clearly indicating that such prices are nominal.
( 4 ) Additional information. Each reporting market must record the following information with respect to transactions in commodity futures, commodity options, swaps or options on swaps on that reporting market: ( i ) The method used by the reporting market in determining nominal prices and settlement prices; and
( ii ) If discretion is used by the reporting market in determining the opening and/or closing ranges or the settlement prices, an explanation that certain discretion may be employed by the reporting market and a description of the manner in which that discretion may be employed. Discretionary authority must be noted explicitly in each case in which it is applied (for example, by use of an asterisk or footnote).
( c ) *Critical dates.* Each reporting market must report to the Commission, for each futures contract, the first notice date and the last trading date, and for each option contract, the expiration date in accordance with paragraph (d) of this section.
( d ) *Form, manner and time of filing reports.* Unless otherwise approved by the Commission or its designee, reporting markets must submit to the Commission the information specified in paragraphs (a), (b), and (c) of this section as follows: ( 1 ) Using the format, coding structure and electronic data transmission procedures approved in writing by the Commission or its designee; provided however, that the information must be made available to the Commission or its designee in hard copy upon request;
( 2 ) When each such form of the data is first available, but not later than 7:00 a.m. on the business day following the day to which the information pertains for the delta factor and settlement price and not later than 12:00 p.m. for the remainder of the information. Unless otherwise specified by the Commission or its designee, the stated time is U.S. eastern standard time for information concerning markets located in that time zone, and U.S. central time for information concerning all other markets; and
( 3 ) For information on reports to the Commission for swap or options on swap contracts, refer to part 20 of this chapter.
( e ) *Publication of recorded information.* ( 1 ) Reporting markets must make the information in paragraph (a) of this section readily available to the news media and the general public without charge, in a format that readily enables the consideration of such data, no later than the business day following the day to which the information pertains. The information in paragraphs (a)(2)(iv) through (vi) of this section shall be made readily available in a format that presents the information together.
( 2 ) Reporting markets must make the information in paragraphs (b)(2) and (3) of this section readily available to the news media and the general public, and the information in paragraph (b)(4)(ii) of this section readily available to the general public, in a format that readily enables the consideration of such data, no later than the business day following the day to which the information pertains. Information in paragraph (b)(4)(i) of this section must be made available in the registered entity's rulebook, which is publicly accessible on its Web site.
[77 FR 36696, June 19, 2012, as amended at 77 FR 66333, Nov. 2, 2012]