[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Notices]
[Pages 34674-34676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16951]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-40102; File No. SR-NASD-98-39]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by the National Association of
Securities Dealers, Inc. Relating to Small Order Execution System Tier
Size Classifications
June 19, 1998.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on May 29, 1998, the National
Association of Securities Dealers (``NASD'' or ``Association'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule
[[Page 34675]]
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.
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\1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of
Substance of the Proposed Rule Change
The NASD is submitting this filing to effectuate The Nasdaq Stock
Market, Inc.'s (``Nasdaq'') periodic reclassification of Nasdaq
National Market (``NNM'') securities into appropriate tier sizes for
purposes of determining the maximum size order for a particular
security eligible for execution through Nasdaq's Small Order Execution
System (``SOES''). Specifically, under the proposal, 520 NNM securities
will be reclassified into a different SOES tier size effective July 1,
1998. Since the NASD's proposal is an interpretation of existing NASD
rules, there are no language changes.
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 NASD 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 and copy of the Notice-to-Members may be
examined at the places specified in Item IV below. The NASD 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 purpose of the rule change is to effectuate Nasdaq's periodic
reclassification of NNM securities into appropriate tier sizes for
purposes of determining the maximum size order for a particular
security eligible for execution through SOES. Nasdaq periodically
reviews the SOES tier size applicable to each NNM security to determine
if the trading characteristics of the issue have changed so as to
warrant a tier size adjustment. Such a review was conducted using data
as of March 31, 998, pursuant to the following established criteria.\2\
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\2\ The classification criteria is set forth in NASD Rule
4613(a)(2) and the footnote to NASD rule 4710(g).
NNM securities with an average daily non-block volume of 3,000
shares or more a day, a bid price less than or equal to $100, and
three or more market makers are subject to a minimum quotation size
requirement of 1,000 shares and a maximum SOES order size of 1,000
shares;
NNM securities with an average daily non-block volume of 1,000
shares or more a day, a bid price less than or equal to $150, and
two or more market makers are subject to a minimum quotation size
requirement of 500 shares and a maximum SOES order size of 500
shares; and
NNM securities with an average daily non-block volume of less
than 1,000 shares a day, a bid price less than or equal to $250, and
two or more market makers are subject to a minimum quotation size
requirement of 200 shares and a maximum SOES order size of 200
shares.
Pursuant to the application of this classification criteria, 520
NNM securities will be reclassified effective July 1, 1998. These 520
NNM securities are set out in the NASD's Notice to Members 98-44 (June
1998).
In ranking NNM securities pursuant to the established
classification criteria, Nasdaq followed the changes dictated by the
criteria with three exceptions. First, an issue was not moved more than
one tier size level. For example, if an issue was previously
categorized in the 1,000-share tier size, it would not be permitted to
move to the 200-share tier even if the reclassification criteria showed
that such a move was warranted. In adopting this policy, Nasdaq was
attempting to maintain adequate public investor access to the market
for issues in which the tier size level decreased and help ensure the
ongoing participation of market makers in SOES for issues in which the
tier size level increased. Second, for securities priced below $1 where
the reranking called for a reduction in tier size, the tier size was
not reduced. Third, for the top 50 Nasdaq securities based on market
capitalization, the SOES tier sizes were not reduced regardless of
whether the reranking called for a tier-size reduction.
2. Statutory Basis
The NASD believes that the proposed rule change is consistent with
Section 15A(b)(6) of the Act.\3\ Section 15A(b)(6) requires, among
other things, that the rules of the NASD governing the operation of
Nasdaq be designed to foster cooperation and coordination with persons
engaged in regulating, clearing, settling, processing information with
respect to, and facilitating transactions in securities, and to remove
impediments to and perfect the mechanism of a free and open market.
Specifically, the NASD believes that the reassignment of NNM securities
within SOES tier size levels will further these ends by providing an
efficient mechanism for small, retail investors to execute their orders
on Nasdaq and by providing investors with the assurance that they can
effect trades up to a certain size at the best prices quoted on Nasdaq.
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\3\ 15 U.S.C. 78o-3.
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B. Self-Regulatory Organization's Statement on Burden on Competition
The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Association has neither solicited nor received written comments
on the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing
for Commission Action
The foregoing rule change constitutes a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing rule and, therefore, has become effective
pursuant to Section 19(b)(3)(A)(i) of the Act \4\ and subparagraph
(e)(1) of Rule 19b-4 thereunder.\5\
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\4\ 15 U.S.C. 78s(b)(3)(A)(i).
\5\ 17 CFR 240.19b-4(e)(1).
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At any time within sixty days of the filing of such proposed rule
change, the Commission may summarily abrogate 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.\6\
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\6\ In reviewing this proposal, the Commission has considered
the proposal's impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
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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. 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
[[Page 34676]]
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 Room, located at the above address. Copies of such filing
also will be available for inspection and copying at the principal
office of the NASD. All submissions should refer to File No. SR-NASD-
98-39 and should be submitted by July 16, 1998.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 98-16951 Filed 6-24-98; 8:45 am]
BILLING CODE 8010-01-M
