95-18604. Self-Regulatory Organizations; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change by the New York Stock Exchange, Inc. Relating to an Extension of Its Pilot Program for Stopping Stock Under Amendments to Rule ...  

  • [Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
    [Notices]
    [Pages 38878-38880]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-18604]
    
    
    
    -----------------------------------------------------------------------
    
    SECURITIES AND EXCHANGE COMMISSION
    [Release No. 34-36009; File No. SR-NYSE-95-26]
    
    
    Self-Regulatory Organizations; Notice of Filing and Order 
    Granting Accelerated Approval of Proposed Rule Change by the New York 
    Stock Exchange, Inc. Relating to an Extension of Its Pilot Program for 
    Stopping Stock Under Amendments to Rule 116.30
    
    July 21, 1995.
        Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
    (``Act''), 15 U.S.C. Sec. 78s(b)(1), notice is hereby given that on 
    July 19, 1995, the New York Stock Exchange, Inc. (``NYSE'' 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.
    
    I. Self-Regulatory Organization's Statement of the Terms of Substance 
    of the Proposed Rule Change
    
        The proposed rule change consists of a request to extend amendments 
    to Rule 116.30, with respect to the ability of specialists to stop 
    stock in minimum variation markets for three months until October 21, 
    1995.\1\ The text of the 
    
    [[Page 38879]]
    proposed rule change is available at the Office of the Secretary, NYSE, 
    and the Commission.
    
        \1\ The NYSE received approval to amend Rule 116.30, on a pilot 
    basis, in Securities Exchange Act Release No. 28999 (Mar. 21, 1991), 
    56 FR 12964 (Mar. 28, 1991) (File No. SR-NYSE-90-48) (``1991 
    Approval Order''). The Commission subsequently extended the NYSE's 
    pilot program in Securities Exchange Act Release Nos. 30482 (Mar. 
    16, 1992), 57 FR 10198 (Mar. 24, 1992) (File No. SR-NYSE-92-02) (`` 
    1992 Approval Order''); 32031 (Mar. 22, 1993), 58 FR 16563 (Mar. 29, 
    1993) (File No. SR-NYSE-93-18) (``1993 Approval Order''); 33792 
    (Mar. 21, 1994), 59 FR 14437 (Mar. 28, 1994) (File No. SR-NYSE-94-
    06) ``1994 Approval Order''); and 35309 (Jan. 31, 1995) 60 FR 7247 
    (Feb. 7, 1995) (File No. SR-NYSE-95-02) (``January 1995 Approval 
    Order'').
    ---------------------------------------------------------------------------
    
    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 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 purpose of the proposed rule change is to extend the 
    effectiveness of amendments to Exchange Rule 116.30 that permit a 
    specialist to grant a stop in a minimum variation market. The practice 
    of ``stopping'' stock by specialists on the Exchange refers to a 
    guarantee by the specialist that an order the specialist receives will 
    be executed at no worse a price than the contra-side price in the 
    market when the specialist receives the order, with the understanding 
    that the order may in fact receive a better price.
        Formerly, Exchange Rule 116.30 permitted a specialist to stop stock 
    only when the quotation spread was at least twice the minimum variation 
    (i.e., for most stocks \1/4\ point), with the specialist then being 
    required to narrow the quotation spread by making a bid or offer, as 
    appropriate, on behalf of the order that is being stopped.
        For three years, on March 21, 1991, March 16, 1992, and March 22, 
    1993, the Commission approved, on a one-year pilot basis each time, 
    amendments to the rule that permit a specialist to stop stock in a 
    minimum variation market (generally referred to as an \1/8\-point 
    market).\2\ The Exchange sought these amendments on the grounds that 
    many orders would receive an improved price if stopping stock in \1/8\ 
    point markets were permitted. The amendments to Rule 116.30 permit a 
    specialist, upon request, to stop individual orders of 2,000 shares or 
    less, up to an aggregate of 5,000 shares of multiple orders, in an \1/
    8\ point market.\3\ A specialist may stop an order of a specified 
    larger order size threshold, or a larger aggregate number of shares, 
    after obtaining Floor Official approval.
    
        \2\ See 1991, 1992, and 1993 Approval Orders, supra, note 1.
        \3\ The NYSE has stated, both to the Commission and to its 
    members that specialists should only stop stock in a minimum 
    variation market when an imbalance exists on the opposite side of 
    the market and such imbalance is of sufficient size to suggest the 
    likelihood of price improvement. See, e.g., letter from James E. 
    Buck, Senior Vice President and Secretary, NYSE, to Mary N. Revell, 
    Branch Chief, Division of Market Regulation, SEC, dated December 27, 
    1990; NYSE information memo #1809, dated September 12, 1991.
    ---------------------------------------------------------------------------
    
        In the Commission's 1994 Approval Order, which extended the pilot 
    until March 21, 1995, the Commission asked the Exchange to submit a 
    fourth monitoring report on the stopping stock pilot.\4\ Subsequently, 
    the Commission approved an extension of the pilot until July 21, 1995, 
    so that the Commission would have additional time to evaluate the new 
    information provided in the fourth monitoring report and to ensure that 
    Rule 116.30, as amended, does not harm public customers with limit 
    orders on the specialist's book.\5\
    
        \4\ See 1994 Approval Order, supra, note 1.
        \5\ See January 1995 Approval Order, supra, note 1.
    ---------------------------------------------------------------------------
    
        In connection with the proposed rule change, the Exchange has 
    submitted four monitoring reports to the Commission, which review the 
    operation of the pilot. The Exchange believes that the results obtained 
    by its monitoring effort during the pilot period show that the 
    amendments to Rule 116.30 enable specialists to better serve investors 
    through the ability to offer price improvement to stopped orders, while 
    having relatively little adverse impact on other orders on the book.
    2. Statutory Basis
        The basis under the Act for the proposed rule change is the 
    requirement under Section 6(b)(5) that an Exchange have rules that are 
    designed to promote just and equitable principles of trade, to remove 
    impediments to, and perfect the mechanism of a free and open market 
    and, in general, to protect investors and the public interest. The 
    amendments to Rule 116.30 are consistent with these objectives in that 
    they permit the Exchange to better serve its customers by enabling 
    specialists to execute customer orders at improved prices.
    
    B. Self-Regulatory Organization's Statement on Burden on Competition
    
        The proposed rule change will impose no burden on competition.
    C. Self-Regulatory Organization's Statement on Comments on the Proposed 
    Rule Change Received from Members, Participants or Others
    
        No written comments were solicited or received with respect to the 
    proposed rule change.\6\
    
        \6\ The Commission has received a comment letter regarding 
    permanent approval of the NYSE's procedures for stopping stock in 
    minimum variation markets. See letter from Junius W. Peake, Monfort 
    Professor of Finance, University of Northern Colorado, to Secretary, 
    SEC, dated March 1, 1995. The Commission believes that it would be 
    more appropriate to address the issues raised by the comment letter 
    in the context of the Exchange's proposal requesting permanent 
    approval of its stopping stock pilot program. See Securities 
    Exchange Act Release No. 35908 (June 28, 1995), 60 FR 34564 (July 3, 
    1995) (notice of filing of proposed rule change relating to 
    permanent approval of NYSE's pilot program for stopping stock in a 
    minimum variation market).
    ---------------------------------------------------------------------------
    
    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 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. 20549. Copies of such filing will also be available 
    for inspection and copying at the principal office of the Exchange. All 
    submissions should refer to File No. SR-NYSE-95-26 and should be 
    submitted by August 18, 1995.
    
    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 requirements of the Act and the rules and regulations 
    thereunder applicable to a national securities exchange and, in 
    particular with Section 
    
    [[Page 38880]]
    6(b)(5) \7\ and Section 11(b) \8\ of the Act. The Commission believes 
    that the amendments to Rule 116.30 should further the objectives of 
    Section 6(b)(5) and Section 11(b) through pilot program procedures 
    designed to allow stops, in minimum variation markets, under limited 
    circumstances that provide the possibility of price improvement to 
    customers whose orders are granted stops.
    
        \7\ U.S.C. 78f (1988 & Supp. V 1993).
        \8\ 15 U.S.C. 78k (1988).
    ---------------------------------------------------------------------------
    
        In the orders approving the pilot procedures,\9\ the Commission 
    asked the Exchange to study the effects of stopping stock in a minimum 
    variation market. The Exchange has submitted to the Commission several 
    monitoring reports regarding the amendments to Rule 116.30. The 
    Commission believes that the monitoring reports, especially the latest 
    report, provide useful information regarding the effectiveness of the 
    program during the pilot period. The Commission, however, finds that 
    additional time is necessary to evaluate carefully and comprehensively 
    the information provided by the Exchange and the NYSE's use of its 
    pilot procedures. Accordingly, the Commission believes that it is 
    reasonable to extend the pilot program until October 21, 1995, to avoid 
    compromising the benefit that investors might receive under Rule 
    116.30, as amended, while the Commission is considering whether to 
    permanently approve the pilot program.\10\
    
        \9\ See supra, note 1.
        \10\ See Securities Exchange Act Release No. 35908 (June 28, 
    1995), 60 FR 34564 (July 3, 1995) (notice of filing of proposed rule 
    change relating to permanent approval of NYSE's pilot program for 
    stopping stock in a minimum variation market).
    ---------------------------------------------------------------------------
    
        The Commission finds good cause for approving the proposed rule 
    change prior to the thirtieth day after the date of publication of the 
    notice of filing thereof. This will permit the pilot program to 
    continue on an uninterrupted basis. In addition, the procedures the 
    Exchange proposes to continue using are the identical procedures that 
    were published in the Federal Register for the full comment period and 
    were approved by the Commission.
        It is therefore ordered, pursuant to Section 19(b)(2) of the 
    Act,\11\ that the proposed rule change (SR-NYSE-95-26) is hereby 
    approved on a pilot basis until October 21, 1995.
    
        \11\ 15 U.S.C. Sec. 78s(b)(2) (1988).
    
        For the Commission, by the Division of Market Regulation, 
    pursuant to delegated authority.\12\
    
        \12\ 17 CFR 200.30-3(a)(12) (1994).
    ---------------------------------------------------------------------------
    
    Margaret H. McFarland,
    Deputy Secretary.
    [FR Doc. 95-18604 Filed 7-27-95; 8:45 am]
    BILLING CODE 8010-01-M
    
    

Document Information

Published:
07/28/1995
Department:
Securities and Exchange Commission
Entry Type:
Notice
Document Number:
95-18604
Pages:
38878-38880 (3 pages)
Docket Numbers:
Release No. 34-36009, File No. SR-NYSE-95-26
PDF File:
95-18604.pdf