[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-9398] [[Page Unknown]] [Federal Register: April 19, 1994] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-33900; File No. SR-Amex-94-10] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the American Stock Exchange, Inc. Relating to the Minimum Fractional Change for Trading in Standard & Poor's Depositary Receipts April 12, 1994. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''), 15 U.S.C. 78s(b)(1), notice is hereby given that on April 7, 1994, the American Stock Exchange, Inc. (``Amex or ``Exchange'') 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 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 Exchange proposed to amend Rule 127, Commentary .01 to provide that the minimum fractional change applicable to trading of Standard & Poor's (``S&P'') Depositary Receipts (``SPDRs'') shall be 1/64 of $1.00.\1\ The text of the proposed rule change is available at the Office of the Secretary, Amex, and at the Commission. --------------------------------------------------------------------------- \1\The Commission notes that, although SPDRs currently are listed and traded on the Amex, it is conceivable that other national securities exchanges or the National Association of Securities Dealers, Inc. could apply for authority to list and trade SPDRs. At the present time, however, the Intermarket Trading System (``ITS'') is not capable of accommodating quotes in 1/64's. Telephone conversation between Thomas Demchek, SIAC, and Beth Stekler, Attorney, Division of Market Regulation, SEC, on April 12, 1994. Accordingly, if other securities exchanges and/or national securities associations file for permission to list and trade SPDRs, the Commission would at that time be required to re-evaluate the adequacy and sufficiency of ITS in conjunction with section 11A's statutory mandate to assure fair competition between the exchanges. --------------------------------------------------------------------------- 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 Purposes of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Amex Rule 127 provides parameters for the minimum fractional change for dealings in securities on the Exchange. Commentary .01 to Rule 127 provides that for securities listed under Amex Rule 1000 et seq., Portfolio Depositary Receipts (``PDRs''), the minimum fractional change shall be 1/32 of $1.00. One issuance of PDRs, SPDRs, is currently trading on the Exchange. The Exchange now proposes to reduce the minimum fractional change applicable to SPDRs to 1/64. In approving trading of PDRs in 1/32's, the Commission stated that such trading would enhance market liquidity and should promote more accurate pricing, tighter quotations and reduced price fluctuations. The Commission also noted that such trading should allow customers to receive the best possible execution of their transactions in these securities.\2\ --------------------------------------------------------------------------- \2\See Securities Exchange Act Release No. 31794 (January 29, 1993), 58 FR 7272 (February 5, 1993) (File No. SR-Amex-92-45). --------------------------------------------------------------------------- The Exchange believes the benefits identified by the Commission in connection with trading PDRs in 1/32's will be further enhanced by trading SPDRs in 1/64's. Such trading should further reduce price fluctuations based on the underlying index for the particular issuance (i.e., S&P 500 Index). Such trading parameters should benefit retail customers, institutions, and other market participants that invest in or trade SPDRs. In addition, a narrower quotation spread should make such securities more useful professionals who may hedge their positions in futures or other derivative markets. The Exchange will issue an Information Circular to members and member organizations relating to trading SPDRs in 1/64's prior to commencement of such trading. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act in general and furthers the objectives of Section 6(b)(5) in particular in that it is intended to promote just and equitable principles of trade, to facilitate transactions in securities, and to protect investors and the public interest. 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. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change establishes or changes a due, fee, or other charge imposed by the Exchange and therefore has become effective pursuant to section 19(b)(3)(A) of the Act and subparagraph (e) of Rule 19b-4 thereunder. At any time within 60 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. 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 Section, 450 Fifth Street, NW., Washington, DC 20549. Copies of such filing will also be available for inspection and copying at the principal office of the Amex. All submissions should refer to File No. Sr-Amex-94-10 and should be submitted by May 10, 1994. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. 94-9398 Filed 4-18-94; 8:45 am] BILLING CODE 8010-01-M