96-10585. Self-Regulatory Organizations; Order Approving Proposed Rule Change and Notice of Filing and Order Granting Accelerated Approval of Amendment No. 1 to the Proposed Rule Change by the American Stock Exchange, Inc., Relating to the Trading ...  

  • [Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
    [Notices]
    [Pages 19102-19106]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-10585]
    
    
    
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    SECURITIES AND EXCHANGE COMMISSION
    [Release No. 34-37139; File No. SR-Amex-96-08]
    
    
    Self-Regulatory Organizations; Order Approving Proposed Rule 
    Change and Notice of Filing and Order Granting Accelerated Approval of 
    Amendment No. 1 to the Proposed Rule Change by the American Stock 
    Exchange, Inc., Relating to the Trading of Options on the Amex Gold 
    BUGS SM Index
    
    April 23, 1996.
    
    I. Introduction
    
        On February 9, 1996, the American Stock Exchange, Inc. (``Amex'' or 
    ``Exchange'') submitted to the Securities and Exchange Commission 
    (``SEC'' or ``Commission''), pursuant to Section 19(b)(1) of the 
    Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
    thereunder,\2\ a proposed rule change to provide for the listing and 
    trading of standardized options on the Amex Gold BUGS SM Index 
    (``Index'').
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        \1\ 15 U.S.C. Sec. 78s(b)(1) (1988).
        \2\ 17 CFR 240.19b-4 (1995).
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        Notice of the proposed rule change appeared in the Federal Register 
    on March 20, 1996.\3\ On April 15, 1996, the Amex amended its 
    proposal.\4\ No comment letters were received on the proposed rule 
    change. This order approves the Exchange's proposal, as amended.
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        \3\ See Securities and Exchange Act Release No. 36953 (March 11, 
    1996), 61 FR 11448.
        \4\ See Letter from Claire P. McGrath, Managing Director and 
    Special Counsel, Derivative Securities, Amex, to Michael Walinskas, 
    Branch Chief, Derivatives Regulation, Office of Self-Regulatory 
    Oversight, Division of Market Regulation, Commission, dated April 
    15, 1996 (``Amendment No. 1''). In Amendment No. 1, the Amex 
    replaced one of the Index's component stocks, Hemlo Gold Mines, with 
    Cambior Inc., because Hemlo Gold Mines is expected to merge with 
    Battle Mountain Gold Company in June 1996. The Amex also removed 
    Santa Fe Pacific Gold Corp. from the Index because it no longer 
    meets the Amex's requirement for the hedging of gold production. In 
    addition, the Amex represented that (1) the Exchange will promptly 
    notify the Commission if the Index fails to meet the maintenance 
    criteria provided in the proposal; and (2) the Index will be 
    maintained so that foreign country securities or American Depositary 
    Receipts (``ADRs'') thereon that are not subject to comprehensive 
    surveillance sharing agreements will not represent more than 20% of 
    the weight of the Index.
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    II. Description of Proposal
    
    A. General
    
        The Amex proposes to trade options on the Index, a modified equal-
    dollar weighted index developed by the Amex and comprised of 14 gold 
    mining company stocks (or ADRs thereon) which are traded on the Amex or 
    the New York Stock Exchange, Inc. (``NYSE''). In addition, the Amex 
    proposes to amend Commentary .01 to Amex Rule 901C, ``Designation of 
    Stock Index Options,'' to indicate that 90% of the Index's numerical 
    index value must be accounted for by stocks which meet the then current 
    criteria and guidelines provided in Amex Rule 915, ``Criteria for 
    Underlying Securities'' and to indicate that these criteria must also 
    be satisfied immediately following each quarterly rebalancing.
        The Exchange believes that an index of gold mining stocks whose 
    values are affected strongly by the price of gold will be attractive to 
    many investors. According to the Amex, gold companies generally manage 
    the risks associated with fluctuating prices by hedging their future 
    production. The Amex notes that companies that hedge their gold 
    production for longer periods are less affected by the fluctuating 
    price of gold. In an effort to give investors an index with a 
    significant exposure to the near term movements in gold prices, the 
    Exchange has included in the Index those gold mining companies that do 
    not hedge their gold production for extensive periods into the future. 
    Specifically, the Amex states that only companies that have a hedging 
    ratio of less than 1\1/2\ years production will be considered for 
    inclusion in the Index.
    
    B. Eligibility Standards for Index Components
    
        The Amex states that the Index conforms with Exchange Rule 901C, 
    which specifies criteria for the inclusion of stocks in an index on 
    which standardized options will be traded. According to the Amex, the 
    Index also conforms to most of the criteria set forth in Amex Rule 
    901C, Commentary .02 (which provides for the commencement of trading of 
    options on an index 30 days after the date of filing), except that the 
    Index is calculated using a modified version of the equal-dollar 
    weighting method and four of the components of the Index do not meet 
    the six month minimum trading volume criteria.\5\
    
    [[Page 19103]]
    
    According to the Amex, all of the Index's component securities meet the 
    following standards: (1) all of the Index's component securities are 
    traded on the Amex or the NYSE; (2) the component stocks comprising the 
    top 90% of the Index by weight have a market capitalization \6\ of at 
    least $75 million, and those component stocks constituting the bottom 
    10% of the Index by weight have a market capitalization of at least $50 
    million; and (3) foreign country securities or ADRs thereon that are 
    not subject to comprehensive surveillance agreements do not in the 
    aggregate represent more than 20% of the weight of the Index.
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        \5\ Under Amex Rule 901C, Commentary .02, the Amex may list 
    options on a stock industry index pursuant to Section 19b(3)(A) 
    under the Act provided that the index satisfies certain criteria. 
    Commentary .02 requires, among other things, that the index be 
    calculated based on either the capitalization weighting, price 
    weighting, or equal-dollar weighting methodology, and that the 
    trading volume for each component stock of the index in each of the 
    last six months be not less than 1,000,000 shares, except that for 
    each of the lowest weighted component securities in the index that 
    in the aggregate account for no more than 10% of the weight of the 
    index, the trading volume must be at least 500,000 shares in each of 
    the last six months.
        \6\ In the case of ADRs, this represents market capitalization 
    as measured by total world-wide shares outstanding.
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    C. Index Calculation
    
        The Index is calculated using a modified equal-dollar weighting 
    methodology. Three of the Index's 14 component companies are given 
    higher weightings based upon their market value. The following is a 
    description of how this modified equal-dollar weighting calculation 
    method works. As of the market close on February 5, 1996, a portfolio 
    of gold mining company stocks was established representing an 
    investment of approximately (1) $16,000 in two components in the Index; 
    (2) $12,000 in one of the components; (3) $2,000 in two components; and 
    (4) $4,300 in the remaining 12 components (rounded to the nearest whole 
    share). The value of the Index equals the current market value (i.e., 
    based on U.S. primary market prices) of the sum of the assigned number 
    of shares of each of the stocks in the Index portfolio divided by the 
    Index divisor. The Index divisor was initially determined to yield the 
    benchmark value of 200.00 at the close of trading on February 5, 1995. 
    Each quarter thereafter, following the close of trading on the Thursday 
    prior to the third Friday of March, June, September, and December, the 
    Index portfolio will be reviewed and adjusted if any one of the three 
    components initially representing higher weightings in the Index value 
    currently represents 25% or more of the Index value, or if any one of 
    the other components initially representing lower weightings in the 
    Index value currently represents 5% or more of the Index value. The 
    Index portfolio will be rebalanced, if necessary, by changing the 
    number of whole shares of each component stock so that the three 
    components initially given higher weights will again represent less 
    than 25% of the Index value and the remaining lower-weighted components 
    will each represent less than 5% of the Index value. In any event, the 
    five highest weighted components cannot represent more than 60% of the 
    Index value at each quarterly rebalancing.\7\
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        \7\ See infra Section II.D.
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        The Exchange has chosen to rebalance the Index following the close 
    of trading on the Thursday prior to the third Friday of March, June, 
    September and December, since it allows an option contract to be held 
    for up to three months without a change in the Index portfolio while, 
    at the same time, maintaining the equal-dollar weighting feature of the 
    Index. If necessary, a divisor adjustment will be made at the 
    rebalancing to ensure the continuity of the Index's value. The newly 
    adjusted portfolio becomes the basis for the Index's value on the first 
    trading day following the quarterly adjustment.
        As noted above, the number of shares of each component stock in the 
    Index portfolio remains fixed between quarterly reviews except in the 
    event of certain types of corporate actions such as the payment of a 
    dividend other than an ordinary cash dividend, stock distribution, 
    stock split reverse stock split, rights offering, distribution, 
    reorganization, recapitalization, or similar event with respect to the 
    component stocks. In a merger or consolidation of an issuer of a 
    component stock, if the stock remains in the Index, the number of 
    shares of that security in the portfolio may be adjusted, to the 
    nearest whole share, to maintain the component's relative weight in the 
    Index at the level immediately prior to the Corporate Action. In the 
    event of a stock addition or replacement, the new component stock will 
    be added to the Index at a weight determined by the Exchange and the 
    Index will be rebalanced. In all cases, the divisor will be adjusted, 
    if necessary, to ensure Index continuity.
        Similar to other stock index values published by the Exchange, the 
    value of the Index will be calculated continuously and disseminated 
    every 15 seconds over the Consolidated Tape Association's Network B.
    
    D. Maintenance of the Index
    
        The Exchange will maintain the Index so that upon quarterly 
    rebalancing: (1) the total number of component securities will not 
    increase or decrease by more than 33\1/3\% from the number of 
    components in the Index at the time of its initial listing and in no 
    event will the Index have fewer than nine components; (2) components 
    stocks constituting the top 90% of the Index by weight will have a 
    minimum market capitalization of $75 million and the component stocks 
    constituting the bottom 10% of the Index by weight will have a minimum 
    market capitalization of $50 million; (3) at least 90% of the Index's 
    numerical index value and at least 80% of the total number of component 
    securities individually will meet the then current criteria for 
    standardized option trading set forth in Amex Rule 915; (4) stocks 
    constituting 85% of the Index will have a monthly trading volume of at 
    least 500,000 shares for each of the last six months; (5) no single 
    component will represent more than 25% of the weight of the Index and 
    the highest weighted components will represent no more than 60% of the 
    Index at each quarterly rebalancing; and (6) in order to maintain the 
    character of the Index, companies whose gold production hedging 
    policies change to greater than 1\1/2\ times annual production will be 
    considered for removal from the Index. In addition, the Index will be 
    maintained so that foreign country securities or ADRs thereon that are 
    not subject to comprehensive surveillance sharing agreements will not 
    in the aggregate represent more than 20% of the weight of the Index.\8\
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        \8\ See Amendment No. 1, supra note 4.
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        The Amex will not open for trading any additional option series if 
    the Index fails to satisfy any of the maintenance criteria set forth 
    above unless the Exchange determines that such failure is not 
    significant and the Commission concurs in that determination or unless 
    the continued listing of options on the Index has been approved by the 
    commission pursuant to Section 19(b)(2) of the Act.
    
    E. Expiration and Settlement
    
        The options on the proposed Index will be European-style (i.e., 
    exercises permitted only at expiration) and cash-settled. Standard 
    option trading hours (9:30 a.m. to 4:10 p.m. New York time) will apply. 
    Options on the Index will expire on the Saturday following the third 
    Friday of the expiration month (``Expiration Friday''). The last 
    trading day in an expiring option series normally will be the second to 
    last business day preceding the Saturday following the third Friday of 
    the expiration month (normally a Thursday). Trading in expiring options 
    will cease at the close of trading on the last trading day.
        The Amex plans to list options series with expirations in the three 
    near-term calendar months and in the two
    
    [[Page 19104]]
    
    additional calendar months in the March cycle. In addition, the Amex 
    may list longer term option series having up to 36 months to 
    expiration. In lieu of such long-term options on a full value Index, 
    the Amex may instead list long-term, reduced value put and call options 
    based on one-tenth (1/10th) the Index's full value. In either event, 
    the interval between expiration months for either a full value or 
    reduced value long-term option will not be less than six months. The 
    trading of any long-term Index options will be subject to the same 
    rules which govern the trading of all of the Amex's index options, 
    including sales practice rules, margin requirements, and floor trading 
    procedures, and all Index options will have European-style exercise. 
    Position limits on reduced-value long term Index options will be 
    equivalent to the position limits for full value Index options and will 
    be aggregated with such options. For example, if the position limit for 
    the full value Index options is 9,000 contracts on the same side of the 
    market, then the position limit for the reduced value Index options 
    will be 90,000 contracts on the same side of the market.
        The exercise settlement value for all of the Index's expiring 
    options will be calculated based upon the primary exchange's regular 
    way opening sale prices for the component stocks. In the case of 
    securities traded through the facilities of the National Association of 
    Securities Dealers Automated Quotation system (``NASDAQ''), the first 
    regular way sale price will be used. If any component stock does not 
    open for trading on its primary market on the last trading day before 
    expiration, then the prior day's last sale price will be used in the 
    calculation.
    
    F. Exchange Rules Applicable to Stock Index Options
    
        Amex Rules 900C, ``Applicability and Definitions,'' through 980C, 
    ``Exercise of Stock Index Option Contracts,'' will apply to the trading 
    of option contracts based on the Index. These rules cover issues such 
    as surveillance, margin requirement, trading halts, exercise prices, 
    and position and exercise limits. The Index is deemed to be a stock 
    index option under Amex Rule 901C (a) and a stock index industry group 
    under Amex Rule 900C (b)(1).\9\ With respect to paragraph (b) of Amex 
    Rule 903C, ``Series of Stock Index Options,'' the Exchange proposes to 
    list near-the-money option series on the Index at 2\1/2\ point strike 
    (exercise) price intervals when the value of the Index is below 200 
    points. In addition, the Exchange expects that the review required by 
    paragraph (c) of Amex Rule 904C, ``Position Limits,'' will result in a 
    position limit of 9,000 contracts for options on the Index.\10\
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        \9\ Under Amex Rule 900C(b)(1), a stock index industry group is 
    an index of stocks representing a particular industry or related 
    industries.
        \10\ Amex Rule 904C(c) provides that the position limit for an 
    industry index option will be 9,000 contracts if the Amex determines 
    at the commencement of trading of the options that any single stock 
    in the underlying stock index industry group accounted, on average, 
    for 20% or more of the numerical index value or that any five stocks 
    in the group together accounted, on average, for more than 50% of 
    the numerical index value, but that no single stock in the group 
    accounted, on average, for 30% or more of the numerical index value, 
    during the 30-day period immediately preceding the review.
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    G. Surveillance
    
        Surveillance procedures currently used to monitor trading in each 
    of the Exchange's other index options will also be used to monitor 
    trading in options on the Index. Further, the Intermarket Surveillance 
    Group (``ISG'') Agreement, dated July 14, 1983, as amended on January 
    29, 1990, will be applicable to the trading of options on the 
    Index.\11\
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        \11\ ISG was formed on July 14, 1983, to among other things, 
    coordinate more effectively surveillance and investigative 
    information sharing arrangements to the stock and options markets. 
    See Intermarket Surveillance Group Agreement, July 14, 1983. The 
    most recent amendment to the ISG Agreement, which incorporates the 
    original agreement and all amendments made thereafter, was signed by 
    ISG members on January 29, 1990. See Second Amendment to the 
    Intermarket Surveillance Group Agreement, January 29, 1990. The 
    members of the ISG are: the Amex; the Boston Stock Exchange, Inc.; 
    the Chicago Board Options Exchange, Inc.; the Chicago Stock 
    Exchange, Inc.; the National Association of Securities Dealers, Inc. 
    (``NASD''); the NYSE; the Pacific Stock Exchange, Inc.; and the 
    Philadelphia Stock Exchange, Inc. Because of potential opportunities 
    for trading abuses involving stock index futures, stock options, and 
    the underlying stock, and the need for greater sharing of 
    surveillance information for these potential intermarket trading 
    abuses, the major stock index futures exchanges (e.g., the Chicago 
    Mercantile Exchange and the Chicago Board of Trade) joined the ISG 
    as affiliate members in 1990.
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    III. Findings and Conclusions
    
        The Commission finds that the proposed rule change is consistent 
    with the requirements of the Act and the rules and regulations 
    thereunder applicable to a national securities exchange, and, in 
    particular, the requirements of Section 6(b)(5).\12\ Specifically, the 
    Commission finds that the trading of Index options, including full-
    value and reduced-value long-term Index options, will serve to promote 
    the public interest and help to remove impediments to a free and open 
    securities market by providing investors with an additional means to 
    hedge exposure to market risk associated with stocks in the gold mining 
    industry.\13\ The Amex states that the Index is designed to provide 
    significant exposure to the near term movements in gold prices and, 
    accordingly, is comprised of gold mining companies that do not hedge 
    their gold production for extensive periods into the future.
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        \12\ 13 U.S.C. 78f(b)(5) (1988).
        \13\ Pursuant to Section 6(b)(5) of the Act, the Commission must 
    predicate approval of any new option proposal upon a finding that 
    the introduction of such new derivative instrument is in the public 
    interest. Such a finding would be difficult for a derivative 
    instrument that served no hedging or other economic function, 
    because any benefits that might be derived by market participants 
    likely would be outweighed by the potential for manipulation, 
    diminished public confidence in the integrity of the markets, and 
    other valid regulatory concerns. In this regard, the trading of 
    listed options on the Index will provide investors with a hedging 
    vehicle that should reflect the overall movement of the stocks 
    representing companies in the gold mining sector in the U.S. stock 
    markets.
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        The trading of options on the Index and on a reduced-value Index, 
    however, raises several issues relating to index design, customer 
    protection, surveillance, and market impact. The Commission believes, 
    for the reasons discussed below, that the Amex has addressed these 
    issues adequately.
    
    A. Index Design and Structure
    
        The Commission believes it is appropriate for the Exchange to 
    designate the Index as a narrow-based index for purposes of index 
    options trading. The Index is comprised of 14 stocks intended to track 
    gold mining companies whose values are strongly affected by the price 
    of gold. The Commission also finds that the reduced-value Index is a 
    narrow-based index because it is composed of the same component 
    securities as the Index, and merely dividing the Index value by ten 
    will not alter its basic character. Accordingly, the Commission 
    believes that it is appropriate for the Amex to apply its rules 
    governing narrow-based index options to trading in the Index options 
    and long-term full-value and reduced-value Index options.\14\
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        \14\ See supra Section II.F.
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        The Commission also believes that the large capitalizations, liquid 
    markets, and relative weighings of the Index's component stocks 
    minimize the potential for manipulation of the Index. First, the stocks 
    that comprise the Index are actively traded, with a mean and median 
    average monthly trading volume for the six month period ending March 
    29, 1996, of 6,429,400 shares and 3,500,655 shares, respectively. 
    Second, the market capitalizations of the stocks in the Index are very 
    large, ranging from a high of $6.6 billion to a low of $145 million as 
    of March 29, 1996, with the
    
    [[Page 19105]]
    
    mean and median being $1.8 billion and $759 million, respectively. 
    Third, because the index is modified equal dollar-weighted, as 
    described above, no one particular stock or group of stocks dominates 
    the Index. Specifically, as of March 29, 1996, no one stock accounted 
    for more than 16.79% of the Index's total value and the percentage 
    weighting of the five highest weighted stocks in the Index accounted 
    for 59.19% of the Index's value.
        The Amex's proposed inclusion of Class B common and the Class B and 
    Class C convertible preferred stock of Freeport McMoran Cooper & Gold 
    presents some concern since options trading is not currently allowed on 
    convertible preferred stock. However, given the de minimis 
    representation of these components in relation to the overall Index 
    (4.2% of the Index's weight) and the Index requirement that over 90% of 
    the weight of the Index must comply with the listing criteria for 
    standardized options trading set forth in Amex Rule 915, the Commission 
    believes it is appropriate to include these components in the 
    Index.\15\ The Commission notes that, currently, 91.29% of the weight 
    of the Index complies with the listing criteria for standardized 
    options trading set forth in Amex Rule 915.
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        \15\ This conclusion is strengthened by the fact that the 
    Freeport McMoran Copper & Gold convertible preferred components, 
    when added along with the Freeport McMoran Copper & Gold common 
    stock component, result in a total weighting of only 16.59% of the 
    Index's total value. The Commission notes that it would be concerned 
    if the Freeport McMoran components, taken together, dominated the 
    Index. The Amex's maintenance criteria, along with the quarterly 
    rebalancings of the Index, should help to ensure that such 
    domination is not likely to occur.
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        Fourth, the proposed maintenance criteria will serve to ensure 
    that: (1) The Index remains composed substantially of liquid highly 
    capitalized securities; and (2) the Index is not dominated by one or 
    several securities that do not satisfy the Exchange's options listing 
    criteria. Specifically, in considering changes to the composition of 
    the Index, 90% of the weight of the Index and 80% of the number of 
    components in the Index must at all times comply with the listing 
    criteria for standardized options trading set forth in Amex Rule 915.
        The Amex will notify Commission staff promptly at any time the Amex 
    determines that the Index fails to satisfy any of the foregoing 
    maintenance criteria.\16\ Further, in such an event, the Exchange will 
    not open for trading any additional series of Index options or Index 
    long-term options unless the Exchange determines that such failure is 
    not significant, and Commission staff concurs in the determination.
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        \16\ See Amendment No. 1, supra note 4.
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        Finally, the Commission believes that the existing mechanisms to 
    monitor trading activity in the component stocks of the Index, or 
    options on those stocks, will help deter as well as detect any illegal 
    activity.
    
    B. Customer Protection
    
        The Commission believes that a regulatory system designed to 
    protect public customers must be in place before the trading of 
    sophisticated financial instruments, such as Index options (including 
    full-value and reduced-value long-term Index Options), can commence on 
    a national securities exchange. The Commission notes that the trading 
    of standardized exchange-traded options occurs in an environment that 
    is designed to ensure, among other things, that: (1) the special risks 
    of options are disclosed to public customers; (2) only investors 
    capable of evaluating and bearing the risks of options trading are 
    engaged in such trading; and (3) special compliance procedures are 
    applicable to options accounts. Accordingly, because the Index options 
    and Index long-term full-value and reduced-value options will be 
    subject to the same regulatory regime as the other standardized index 
    options currently traded on the Amex, the Commission believes that 
    adequate safeguards are in place to ensure the protection of investors 
    in Index options and full-value or reduced-value Index long-term 
    options.
    
    C. Surveillance
    
        The Commission believes that a surveillance sharing agreement 
    between an exchange proposing to list a stock index derivative product 
    and the exchange(s) trading the stocks underlying the derivative 
    product is an important measure for surveillance of the derivative and 
    underlying securities markets. Such agreements ensure the availability 
    of information necessary to detect and deter potential manipulations 
    and other trading abuses, thereby making the stock index product less 
    readily susceptible to manipulation.\17\ In this regard, the Commission 
    notes that the Amex and the NYSE are members of the ISG.\18\ The 
    Commission believes that this arrangement ensures the availability of 
    information necessary to detect and deter potential manipulations and 
    other trading abuses, thereby making the Index options and full-value 
    and reduced-value long-term Index options less readily susceptible to 
    manipulation.\19\
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        \17\ See Securities Exchange Act Release No. 31243 (September 
    28, 1992), 57 FR 45849.
        \18\ See supra note 10.
        \19\ See, e.g., Securities Exchange Act Release No. 31243 
    (September 28, 1992), 57 FR 45849 (order approving the listing of 
    index options and index LEAPS on the Chicago Board Options Exchange 
    Biotech Index).
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        The Commission notes that foreign country securities or ADRs 
    thereon that are not subject to comprehensive surveillance agreements 
    do not in the aggregate represent more than 20% of the weight of the 
    Index.\20\ Accordingly, because the Amex and the NYSE are members of 
    the ISG, at least 80% of the securities comprising the Index are 
    subject to an arrangement that ensures the availability of information 
    necessary to detect and deter potential trading abuses. As a result, 
    the Amex should be able to adequately investigate any potential 
    manipulations of Index options or their underlying securities. In 
    addition, the Commission believes that the limitation on the foreign 
    securities or ADRs may be included in the Index will help to ensure 
    that Index options are not used as surrogate instruments to trade 
    options on stocks and/or ADRs that otherwise are not eligible for 
    options trading.
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        \20\ The Index will be maintained so that foreign country 
    securities or ADRs thereon that are not subject to a comprehensive 
    surveillance sharing agreement will not in the aggregate represent 
    more than 20% of the weight of the Index. See Amendment No. 1, supra 
    note 4.
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    D. Market Impact
    
        The Commission believes that the listing and trading of Index 
    options, including full-value and reduced-value Index LEAPS on the 
    Amex, will not adversely affect the underlying securities markets. 
    First, because of the ``modified equal dollar-weighting'' method that 
    will be used, as described above, no one security or group of 
    securities represented in the Index will dominate the weight of the 
    Index immediately following a quarterly rebalancing. Second, the Index 
    maintenance criteria ensure that the Index will be substantially 
    comprised of securities that satisfy the Exchange's listing standards 
    for standardized options trading, and that one or a few stocks do not 
    dominate the Index. Third, the currently applicable 9,000 contract 
    position and exercise limits will serve to minimize potential 
    manipulation and market impact concerns. Fourth, the risk to investors 
    of contra-party non-performance will be minimized because the Index 
    options and Index long-term options will be issued and guaranteed by 
    the Options Clearing Corporation just like any other
    
    [[Page 19106]]
    
    standardized option traded in the United States.
        Lastly, the Commission believes that settling expiring Index 
    options (including full-value and reduced-value long-term Index 
    options) based on the opening prices of component securities is 
    reasonable and consistent with the Act. As has been noted previously, 
    valuing index options for exercise settlement on expiration based on 
    opening rather than closing prices of index component securities may 
    help to reduce adverse effects on markets for such securities.\21\
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        \21\ See Securities Exchange Act Release No., 30944 (July 21, 
    1992), 57 FR 33376 (July 28, 1992).
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        The Commission finds good cause for approving Amendment No. 1 to 
    the proposal prior to the thirtieth day after the date of publication 
    of the notice of filing thereof in the Federal Register. Specifically, 
    Amendment No. 1 strengthens the Exchange's proposal by eliminating from 
    the Index the stock of one company which is expected to merge with 
    another company and replacing one Index component which no longer meets 
    the Amex's requirement for the hedging of gold production. In addition, 
    Amendment No. 1 strengthens and clarifies the proposal by indicating 
    that the Exchange will promptly notify the Commission if the Index 
    fails to meet the maintenance criteria provided in the proposal and 
    representing that the Index will be maintained so that foreign country 
    securities or ADRs thereon that are not subject to comprehensive 
    surveillance sharing agreements will not represent more than 20% of the 
    weight of the Index. Accordingly, the Commission believes that it is 
    consistent with Sections 6(b)(5) and 19(b)(2) of the Act to approve 
    Amendment No. 1 to the proposal on an accelerated basis.
    
    IV. Solicitation of Comments
    
        Interested persons are invited to submit written data, views and 
    arguments concerning Amendment No. 1. 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 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 at the Commission's Public Reference Section, 450 Fifth Street, 
    N.W., 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 the file 
    number in the caption above and should be submitted by May 21, 1996.
        It is therefore ordered, pursuant to Section 19(b)(2) of the 
    Act,\22\ that the proposed rule change (SR-Amex-96-08), as amended, is 
    approved.
    
        \22\ 15 U.S.C. 78s(b)(2) (1988).
    ---------------------------------------------------------------------------
    
        For the Commission, by the Division of Market Regulation, 
    pursuant to delegated authority.\23\
    ---------------------------------------------------------------------------
    
        \23\ 17 CFR 200.30-3(a)(12) (1995).
    ---------------------------------------------------------------------------
    
    Margaret H. McFarland,
    Deputy Secretary.
    [FR Doc. 96-10585 Filed 4-29-96; 8:45 am]
    BILLING CODE 8010-01-M
    
    

Document Information

Published:
04/30/1996
Department:
Securities and Exchange Commission
Entry Type:
Notice
Document Number:
96-10585
Pages:
19102-19106 (5 pages)
Docket Numbers:
Release No. 34-37139, File No. SR-Amex-96-08
PDF File:
96-10585.pdf