[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Notices]
[Pages 52444-52445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24914]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-36319; File No. SR-Phlx-95-72)
Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by the Philadelphia Stock Exchange, Inc., Relating to Extending
the Circuit Breaker Pilot Program
September 29, 1995.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on September 18, 1995, the
Philadelphia Stock Exchange, Inc. (``Phlx'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
\1\ 15 U.S.C. 78s(b)(1) (1988).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Phlx proposes to extend the effectiveness of its circuit
breaker pilot program, which appears in Phlx Rule 133, until October
31, 1996. Generally, Rule 133 provides for a one hour trading halt if
the Dow Jones Industrial Average (``DJIA'') declines 250 or more points
from its previous day's closing level, and, thereafter, a two hour
trading halt if the DJIA declines 400 points from the previous day's
closing level.
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 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 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
The purpose of this proposal is to extend the Exchange's circuit
breaker pilot program for a one-year period, in order to afford the
Exchange and the Commission additional time to evaluate the
effectiveness of the pilot program. The Exchange's circuit breaker rule
provides an important safety mechanism in conjunction with the circuit
breaker rules of other self-regulatory organizations (``SROs''). The
Commission approved the Exchange's circuit breaker proposal on a
temporary basis in 1988.\2\ Thereafter, the Exchange's circuit breaker
pilot program was extended six times, most recently until October 31,
1995.\3\
\2\ Securities Exchange Act Release No. 26386 (December 22,
1988), 53 FR 52904.
\3\ Securities Exchange Act Release Nos. 27370 (October 23,
1989), 54 FR 43881; 28580 (October 25, 1990), 55 FR 45895; 29868
(October 28, 1991), 56 FR 56535; 26942 (November 6, 1992), 57 FR
53157; 33120 (October 29, 1993), 58 FR 59503; and 34900 (October 26,
1994), 59 FR 54932.
---------------------------------------------------------------------------
The Exchange believes that its proposed rule change is consistent
with Section 6 of the Act in general, and in particular, with Section
6(b)(5), in that it is designed to promote just and equitable
principles of trade, prevent fraudulent and manipulative acts and
practices, remove impediments to and perfect the mechanism of a free
and open market and a national market system, as well as to protect
investors and the public interest, by providing a reasonable means to
retard a rapid, one-day market decline that can have a destabilizing
effect on the nation's financial markets and the participants in these
markets.
[[Page 52445]]
(B) Self-Regulatory Organization's Statement on Burden on Competition
The Phlx does not believe that the proposed rule change will impose
any inappropriate burden on competition.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others
Written comments on the proposed rule change were neither solicited
nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(a) By order approve such proposed rule change, or
(b) Institute proceedings to determine whether the proposed rule
change should be disapproved.
IV. 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 NW., Washington, DC 20549. 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 inspection and copying in the
Commission's Public Reference Section, 450 Fifth Street, NW.,
Washington, D.C. Copies of such filing will also be available for
inspection and copying at the principal office of the above-mentioned
self-regulatory organization. All submissions should refer to File No.
SR-Phlx-95-72 and should be submitted by October 27, 1995.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\4\
\4\ 17 CFR 200.30-3(a)(12) (1994).
---------------------------------------------------------------------------
Jonathan G. Katz,
Secretary.
[FR Doc. 95-24914 Filed 10-5-95; 8:45 am]
BILLING CODE 8010-01-M
