[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Notices]
[Pages 43284-43285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21318]


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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-37564; File No. SR-NYSE-96-22]


Self-Regulatory Organizations; Notice of Filing of Proposed Rule 
Change Relating to the Extension of Rule 103A (Specialist Stock 
Reallocation)

August 14, 1996.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on August 6, 1996, 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.
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    \1\ 15 U.S.C. 78s(b)(1) (1988).
    \2\ 17 CFR 240.19b-4 (1994).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The NYSE proposes to extend the effectiveness of Rule 103A, 
Specialist Stock Reallocation, until September 10, 1997.

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 NYSE 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 NYSE 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 intent of Rule 103A is to encourage a high level of market 
quality and performance in Exchange listed securities. Rule 103A grants 
authority to the Exchange's Market Performance Committee to develop and 
administer systems and procedures, including the determination of 
appropriate standards and measurements of performance, designed to 
measure specialist performance and market quality on a periodic basis 
to determine whether or not particular specialist units need to take 
actions to improve their performance. Based on such determinations, the 
Market Performance Committee is authorized to conduct a formal 
Performance Improvement Action in appropriate cases.
    On May 10, 1995 the SEC extended the effectiveness of the rule 
until September 10, 1996.\3\ In its approval order, the Commission 
stated its continued belief that the Exchange should develop objective 
performance standards to measure specialist performance.\4\ In this 
regard, the Exchange notes that it has previously developed two 
objective measures of specialist performance. It should be noted, 
however, that these measures are not currently included in the Rule 
103A program. The first objective measure of performance pertains to 
specialist capital utilization. Adopted in December 1993 on a pilot 
basis, the capital utilization measure of specialist performance 
focuses on a specialist unit's use of its own capital in relation to 
the total dollar value of trading activity in the unit's stocks.\5\ The 
capital utilization measure pilot has been extended until September 10, 
1996.\6\ The Exchange's Allocation Committee is being provided with 
specialist capital utilization information for its use in allocation 
decisions.
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    \3\ See Securities Exchange Act Release No. 35704 (May 10, 
1995), 60 FR 26060 (May 16, 1995) [File No. SR-NYSE-95-18].
    \4\ See id. The Commission notes that the Exchange's current 
evaluation criteria under Rule 103A.10 include objective standards 
that measure specialist performance at the opening (both regular and 
delayed), systematized order turnaround, and the timeliness of a 
unit's response to status requests. Specialist performance also is 
measured by the Exchange's Specialist Performance Evaluation 
Questionnaire.
    \5\ See Securities Exchange Act Release No. 33369 (December 23, 
1993), 58 FR 69431 (December 30, 1993) [File No. SR-NYSE-93-30].
    \6\ See Securities Exchange Act Release No. 35926 (June 30, 
1995), 60 FR 35760 (July 11, 1995) [File No. SR-NYSE-95-24].
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    The second objective measure of performance, which was recently 
developed, pertains to ``near neighbors.'' On June 30, 1995, the 
Commission approved this filing on a fifteen month pilot basis through 
September 10, 1996.\7\ The ``near neighbors'' measure compares certain 
performance measures of a given stock (price continuity, depth, 
quotation spread and capital utilization) to those of its ``near 
neighbors'' (i.e., stocks that have certain similar characteristics). 
The Exchange would provide ``near neighbors'' information to the 
Allocation Committee for its use in allocating newly-listed stocks.\8\ 
On July 1, 1996, the Exchange filed to extend the pilot programs for 
both the near neighbor and capital utilization measure of specialist 
performance.\9\ During the next twelve months, the Exchange expects to 
work with outside consultants and appropriate constituent groups to 
develop performance standards applicable to these objective

[[Page 43285]]

measures for incorporation into Rule 103A.
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    \7\ See Securities Exchange Act Release No. 35927 (June 30, 
1995), 60 FR 35764 (July 11, 1995) [File No. SR-NYSE-95-05].
    \8\ The near neighbor measure would provide the Allocation 
Committee with performance data.
    \9\ File No. SR-NYSE-96-17.
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    Regarding the Intermarket Trading System (``ITS''), the Commission 
has stated its belief that the mature status of the ITS as a market 
structure facility warrants the incorporation of ITS turnaround and 
``trade-through'' concerns into the NYSE's Rule 103A performance 
standards. The Exchange continues to believe that ITS matters are more 
appropriately addressed by means of the Exchange's regulatory process 
rather than through its performance measurement system, but will 
continue to study the matter.
2. Statutory Basis
    The Exchange believes 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 Exchange believes the proposed extension of Rule 103A is 
consistent with these objectives in that it will allow the Exchange to 
continue to administer the rule on an uninterrupted basis, fostering 
quality specialist performance.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
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 Exchange 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

    Within thirty-five days of the date of publication of this notice 
in the Federal Register or within such longer period (i) as the 
Commission may designate up to ninety days of such date if it finds 
such longer period to be appropriate and publishes its reasons for so 
finding or (ii) as to which the self-regulatory organization consents, 
the Commission will:
    (A) By order approve such proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule 
change should be disapproved.

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, 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 6 U.S.C. Sec. 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 
NYSE. All submissions should refer to File No. SR-NYSE-96-22 and should 
be submitted by September 11, 1996.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)912) (1994).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 96-21318 Filed 8-20-96; 8:45 am]
BILLING CODE 8010-01-M