[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Notices]
[Pages 57615-57616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28250]



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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-36467; File No. SR-PHLX-95-33]


Self-Regulatory Organizations; Order Approving Proposed Rule 
Change by the Philadelphia Stock Exchange, Inc., Relating to the 
Automatic Execution of National Over-the-Counter Index Options

November 8, 1995.
    On May 11, 1995, the Philadelphia Stock Exchange, Inc. (``PHLX'' or 
``Exchange'') submitted to the Securities and Exchange Commission 
(``SEC'' or ``Commission''), pursuant to Section 19(b) of the 
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change to limit the eligibility of 
National Over-the-Counter Index (``XOC'') options for execution through 
the automatic execution (``AUTO-X'') feature of the PHLX's Automated 
Options Market (``AUTOM'') system. Specifically, the PHLX proposes to 
limit the AUTO-X eligibility of XOC options to XOC series where the bid 
is $10 or less. Under the proposal, XOC series where the bid is greater 
than $10 will no longer be AUTO-X eligible and will be executed 
manually.

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4 (1994).
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    Notice of the proposal appeared in the Federal Register on June 16, 
1995. \3\ No comment letters were received on the proposed rule change.

    \3\ See Securities Exchange Act Release No. 35822 (June 8, 
1995), 60 FR 31334.
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    AUTOM, which has operated on a pilot basis since 1988 and was most 
recently extended through December 31, 1995,\4\ is the PHLX's 
electronic order routing, delivery, execution and reporting system for 
equity and index options. AUTOM is an on-line system that allows 
electronic delivery of options orders from member firms directly to the 
appropriate specialist on the Exchange's trading floor.

    \4\ See Securities Exchange Act Release No. 35183 (December 30, 
1994), 60 FR 2420 ( January 9, 1995) (order approving File No. SR-
PHLX-94-41). See also Securities Exchange Act Release Nos. 25540 
(March 31, 1988), 53 FR 11390 (order approving AUTOM on a pilot 
basis); 25868 (June 30, 1988), 53 FR 25563 (order approving File No. 
SR-PHLX-88-22, extending pilot through December 31, 1988); 26354 
(December 13, 1988), 53 FR 51185 (order approving File No. SR-PHLX-
88-33, extending pilot program through June 30, 1989); 26522 
(February 3, 1989), 54 FR 6465 (order approving File No. SR-PHLX-89-
1, extending pilot through December 31, 1989); 27599 January 9, 
1990), 55 FR 1751 (order approving File No. SR-PHLX-89-03, extending 
pilot through June 30, 1990); 28625 (July 26, 1990), 55 FR 31274 
(order approving File No. SR-PHLX-90-16, extending pilot through 
December 31, 1990); 28978 (March 15, 1991), 56 FR 12050 (order 
approving File No. SR-PHLX-90-34), extending pilot through December 
31, 1991); 29662 (September 9, 1991), 56 FR 46816 (order approving 
File No. SR-PHLX-91-31, permitting AUTO-X orders up to 20 contracts 
in Duracell options only); 29782 (October 3, 1991), 56 FR 55146 
(order approving File No. SR-PHLX-91-33, permitting AUTO-X for all 
strike prices and expiration months); 29837 (October 18, 1991), 56 
FR 36496 (order approving File No. SR-PHLX-90-03, extending pilot 
through December 31, 1993); 32906 (September 15, 1993), 58 FR 15168 
(order approving File No. SR-PHLX-92-38, permitting AUTO-X orders up 
to 25 contracts in all equity options); 34920 (October 31, 1994), 59 
FR 55510 (November 7, 1994) (order approving File No. SR-PHLX-94-40, 
codifying eligibility of index options for AUTO-X); and 33405 
(December 30, 1993), 59 FR 790 (order approving File No. SR-PHLX-93-
57, extending pilot through December 31, 1994).
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    Certain orders are eligible for AUTOM's automatic execution 
feature, AUTO-X,\5\ which was approved as part of the AUTOM pilot 
program in 1990.\6\ AUTO-X orders are executed automatically at the 
disseminated quotation price on the Exchange and reported to the 
originating firm. Orders that are not eligible for AUTO-X are handled 
manually by the specialist.\7\

    \5\ Orders for up to 500 contracts are eligible for AUTOM and, 
in general, public customer orders for up to 25 contracts are 
eligible for AUTO-X. Currently, public customer orders in XOC 
options for up to 20 contracts are eligible for AUTO-X. See 
Securities Exchange Act Release Nos. 35782 (May 30, 1995), 60 FR 
30136 (June 7, 1995) (order approving File No. SR-PHLX-95-30); and 
32000 (March 15, 1993), 58 FR 15168 (March 19, 1994) (order 
approving File No. SR-PHLX-92-38). In USTOP 100 Index options, 
public customer orders for up to 50 contracts are eligible for 
executions through AUTO-X. See Securities Exchange Act Release No. 
35781 (May 30, 1995), 60 FR 30131 (June 7, 1995) (order approving 
File No. SR-PHLX-95-29).
    \6\ See Securities Exchange Act Release No. 27599 (January 9, 
1990), 55 FR 1751 (January 18, 1990) (order approving File No. SR-
PHLX-89-03).
    \7\ See note 14, infra.
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    In 1991, the Commission approved a PHLX proposal to extend AUTO-X 
to all equity options.\8\ According to the PHLX, the Exchange initially 
implemented AUTO-X for all equity and index options.\9\ The PHLX now 
proposes to limit the use of AUTO-X for XOC orders to XOC series where 
the bid is at or below $10; under the proposal, only those XOC series 
where the bid is at or below $10 at the end of the trading day will be 
eligible for AUTO-X, effective the next trading day.\10\ The PHLX 
states that these lower-priced XOC series generally receive the most 
interest from public customers (i.e., ``customers'' who are not 
associated with broker-dealer organizations or subject to discretionary 
authorization by associated persons of broker-dealers).\11\ 

[[Page 57616]]
Accordingly, the Exchange believes that these series are the most 
appropriate for automatic execution.

    \8\ See Securities Exchange Act Release No. 28978 (March 15, 
1991), 56 FR 12050 (March 21, 1991) (order approving File No. SR-
PHLX-90-34).
    \9\ According to the PHLX, index options became AUTO-X eligible 
in March 1991. In October 1994, the Exchange codified its practice 
of using AUTO-X for index options. See Securities Exchange Act 
Release No. 34920 supra note 4.
    \10\ The PHLX periodically will notify members that only those 
XOC series where the bid is at or below $10 at the end of the 
trading day will be eligible for AUTO-X. Telephone conversation 
between Edith Hallahan, Special Counsel, Regulatory Services, PHLX, 
and Yvonne Fraticelli, Attorney, Office of Market Supervision, 
Division of Market Regulation, Commission, on November 7, 1995.
    \11\ For example, the PHLX states that on trade date January 25, 
1995, 40 XOC transactions occurred, 38 of which involved a customer. 
Only two of these trades involved execution prices greater than $20, 
while 10 trades were above $10 but less than $20; 28 customer trades 
were below $10. The 28 customer trades represented 439 contracts out 
of a total of 531 contracts.
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    According to the PHLX, the proposal is also a response to recent 
volatility in the over-the-counter (``OTC'') markets, which has made it 
increasingly difficult for specialists and market makers to monitor 
quotations to reflect changes in the markets for the underlying 
securities. The PHLX believes that market makers and specialists 
require sufficient time to adjust their quotations, particularly 
because participation in AUTOM and AUTO-X is mandatory.
    In addition, the PHLX states that it is consistent with the 
practices of other options exchanges to limit automatic execution 
eligibility to certain series, such as near-term, at-the-money 
series.\12\ Thus, for competitive reasons, the Exchange seeks to create 
a level playing field with respect to automatic execution parameters.

    \12\ See note 17, infra, and accompanying text.
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    The Exchange notes that the proposal does not affect the AUTO-X 
eligibility of any other equity or index option. The PHLX intends to 
clearly communicate to its membership and AUTOM users, on a periodic 
basis, the proposed AUTO-X limitation for XOC options through an 
information circular.
    The PHLX believes that the proposal is consistent with Section 6(b) 
of the Act, in general, and, in particular, with Section 6(b)(5), in 
that it is designed to promote just and equitable principles of trade 
and to prevent fraudulent and manipulative acts and practices.
    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) in that the proposal is 
designed to promote just and equitable principles of trade and to 
protect investors and the public interest.\13\ Specifically, the 
Commission believes that the proposal strikes a reasonable balance 
between preserving the benefits of AUTO-X for the XOC series traded 
most frequently by public consumers and providing PHLX market makers 
and specialists with sufficient time to update their quotations in 
higher-priced XOC series. In this regard, the PHLX has stated that most 
public customer orders in XOC options are for series where the bid is 
at or below $10. Thus, by maintaining the AUTO-X eligibility of such 
XOC orders, the proposal ensures that public customer orders in XOC 
options where the bid is at or below $10 will continue to receive the 
benefits of AUTO-X, including the guaranteed execution of public 
customer orders for up to 20 contracts in such XOC options at the 
displayed quote. Despite the change in AUTO-X eligibility for certain 
XOC series, the Commission notes that under PHLX rules public customer 
orders in XOC series where the bid is above $10 will continue to be 
guaranteed the best quoted bid or offer for at least 10 contracts.\14\

    \13\ 15 U.S.C. Sec. 78f(b) (1988 & Supp. V 1993).
    \14\ The Commission notes that under PHLX Rule 1033(a), ``Bids 
and Offers--Premium,'' specialists and Registered Options Traders 
are required to fill public customer orders to a minimum depth of 10 
contracts at the best quoted bid or offer. As a matter of policy, 
public customer orders in XOC options where the bid is at or below 
$10 that are executed manually will be filled to a depth of 20 
contracts at the best quoted bid or offer.
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    The continued availability of AUTO-X for those XOC series where the 
bid is $10 or less should help to maintain the depth and liquidity of 
the market for XOC options and minimize the number of XOC transactions 
that require manual execution on the Exchange floor, thereby providing 
the opportunity for increased efficiency in the handling of non-AUTOM 
orders. At the same time, requiring manual execution of orders in XOC 
series where the bid is greater than $10 should help to ensure that 
market makers and specialists have sufficient time to update their 
quotations to reflect changes in the markets for the underlying 
securities before executing an option order. Accordingly, the proposal 
should address the problems associated with the high volatility of the 
securities comprising the XOC, which has resulted in the need for PHLX 
specialists to frequently change quotes in the XOC.\15\

    \15\ The Commission notes that it considered the volatility of 
the XOC, in addition to other factors, in approving a PHLX proposal 
to widen the maximum quote spread parameters for higher-priced XOC 
options. See Securities Exchange Act Release No. 34781 (October 3, 
1994), 59 FR 51467 (October 11, 1994) (order approving File No. SR-
PHLX-94-28) (approving quote spreads of $2.00 for XOC options with 
bids of $20.00 to less than $40.00 and $3.00 for XOC options with 
bids of $40.00 or more).
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    The Commission notes that the Chicago Board Options Exchange, Inc. 
(``CBOE'') limits the availability of automatic execution to certain 
options series. Specifically, on the CBOE only the four most active 
puts and calls in the two near-term months in Nasdaq 100 Index options, 
Standard & Poor's (``S&P'') 500 Index options, and S&P 100 Index 
options are eligible for the CBOE's Retail Automated Execution System 
(``RAES'').\16\ The Commission is not aware of any significant negative 
comments associated with the CBOE's RAES policy. Accordingly, the 
Commission believes that it is reasonable for the PHLX, like the CBOE, 
to limit the use of automatic execution to those series most actively 
used by public customers.\17\

    \16\ Telephone conversation between Dan Hustad, CBOE, and Yvonne 
Fraticelli, Attorney, Options Branch, Division, Commission, on July 
7, 1995.
    \17\ The Commission would be concerned about any proposal that 
would limit the availability of automatic execution systems to only 
out-of-the-money series. See The Division of Market Regulation, The 
October 1987 Market Break (February 1988) at 8-22.
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    Finally, the PHLX has represented that it will communicate the 
change in AUTO-X eligibility to its members and AUTOM users through an 
information circular prior to implementing the rule. The PHLX also will 
periodically notify members about the new rule. The Commission believes 
that this will provide PHLX members and AUTOM users with adequate 
notice of the change in the availability of AUTO-X for XOC options.
    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\18\ that the proposed rule change (File No. SR-PHLX-95-33) is 
approved.

    \18\ 15 U.S.C. 78s(b)(2) (1984).
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    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\19\

    \19\ 17 CFR 200.30-3(a)(12) (1994).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 95-28250 Filed 11-15-95; 8:45 am]
BILLING CODE 8010-01-M