97-24863. 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  

  • [Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
    [Notices]
    [Pages 49284-49285]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-24863]
    
    
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    SECURITIES AND EXCHANGE COMMISSION
    
    [Release No. 34-39063; File No. SR-NASD-97-64]
    
    
    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
    
    September 12, 1997.
        Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
    (``Act''),\1\ notice is hereby given that on September 4, 1997, the 
    National Association of Securities Dealers, Inc. (``NASD'' or 
    ``Association'') filed with the Securities and Exchange Commission 
    (``Commission'' or ``SEC'') the proposed rule change as described in 
    Items I, II, and III below, which Items have been prepared by NASD. 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, 537 NNM securities 
    will be reclassified into a different SOES tier size effective October 
    1, 1997. Since the NASD's proposal is an interpretation of existing 
    NASD rules, there are no language changes.
    
    [[Page 49285]]
    
    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 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
    
        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 June 30, 1997, pursuant to the following established criteria: 
    \2\
    
        \2\ The classification criteria is set forth in NASD Rule 
    4613(a)(2) and the footnote to NASD Rule 4710(g).
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        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 
    less than two 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, 537 
    NNM securities will be reclassified effective October 1, 1997. These 
    537 NNM securities are set out in the NASD's Notice To Members 97-61 
    (September, 1997).
        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.
        The NASD believes that the proposed rule change in consistent with 
    section 15A(b)(6) of the Act. Section 15A(b)(6) requires, among other 
    things, that the rules of the NASD governing the operation of The 
    Nasdaq Stock Market 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. 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.
    
    B. Self-Regulatory Organization's Statement on Burden on Competition
    
        The NASD believes that the proposed rule change will not result in 
    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
    
        Comments were neither solicited nor received.
    
    III. Date of Effectiveness of the Proposed Rule Change and Timing for 
    Commission Action
    
        The proposed rule change has become effective immediately pursuant 
    to section 19(b)(3)(A)(i) of the Act and subparagraph (e) of Securities 
    Exchange Act Rule 19b-4 because the reranking of NNM securities into 
    appropriate SOES tier sizes was done pursuant to the NASD's stated 
    policy and practice with respect to the administration and enforcement 
    of an existing NASD rule. Further, in the SOES Tier Size Order, the 
    Commission requested that the NASD provide this information as an 
    interpretation of an existing NASD rule under section 19(b)(3)(A) of 
    the Act.
        At any time within 60 days of the filing of a rule change pursuant 
    to section 19(b)(3)(A) of the Act, the Commission may summarily 
    abrogate the 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.
    
    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 at the 
    Commission's Public Reference Room. Copies of such filing will also be 
    available for inspection and copying at the principal office of the 
    NASD. All submissions should refer to File No. SR-NASD-97-64 and should 
    be submitted by October 10, 1997.
    
        For the Commission, by the Division of Market Regulation, 
    pursuant to delegated authority.\3\
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        \3\ 17 CFR 200.30-3(a)(12).
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    Margaret H. McFarland,
    Deputy Secretary.
    [FR Doc. 97-24863 Filed 9-18-97; 8:45 am]
    BILLING CODE 8010-01-M
    
    
    

Document Information

Published:
09/19/1997
Department:
Securities and Exchange Commission
Entry Type:
Notice
Document Number:
97-24863
Pages:
49284-49285 (2 pages)
Docket Numbers:
Release No. 34-39063, File No. SR-NASD-97-64
PDF File:
97-24863.pdf