[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)] [Notices] [Pages 48200-48202] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-23349] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-37643; File No. SR-Phlx-96-23] Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by the Philadelphia Stock Exchange, Inc. Relating to Options Specialist Evaluations September 5, 1996. 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 July 1, 1996, the Philadelphia Stock Exchange, Inc. (``Phlx'' 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 Exchange, pursuant to Rule 19b-4 of the Act,\1\ proposes to update its Options Specialist Evaluation program by adopting a new questionnaire and revising Exchange Rules 509, 511 and 515 regarding the evaluation procedure. --------------------------------------------------------------------------- \1\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- 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. [[Page 48201]] A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose On December 21, 1995, the Exchange submitted a proposed rule change to the Commission requesting approval for a new options specialist evaluation questionnaire and review procedure.\2\ The proposed rule change was withdrawn on March 29, 1996 after Commission staff had requested that the Exchange reconsider its proposed evaluation review procedures.\3\ Pursuant to the present filing, the Exchange is resubmitting the same new evaluation questionnaire and is proposing revised procedures for the review process. --------------------------------------------------------------------------- \2\ This proposal was noticed for comment in Securities Exchange Act Release No. 36776 (January 26, 1996), 61 FR 3748 (February 1, 1996) (File No. SR-Phlx-95-91). \3\ See Letter from Michele R. Weisbaum, Associate General Counsel, Phlx, to Michael Walinskas, SEC, dated March 29, 1996 (withdrawing File No. SR-Phlx-95-91). --------------------------------------------------------------------------- Since at least 1978, the Exchange has been evaluating its options specialists based on the same questionnaire in use today. This quarterly survey is a subjective series of questions answered by floor brokers that have traded with the particular specialists over the last quarter. One of the purposes of this filing is to propose a new updated survey which requests information that the Exchange believes is more relevant to a specialist's performance in this day and age. The results of these evaluations are used by the Allocation, Evaluation and Securities Committee (``Committee'') when making allocation and reallocation decisions regarding option specialist privileges. The new survey has 15 all-new questions and will be answered by floor brokers who, Exchange records show, have traded at least a minimum number of times in the specialist's issues over the subject quarter.\4\ Only specialist units (not individual specialists) would now be graded as allocations are made to units, not individual specialists; however, separate evaluations will be conducted for each quarter or half turret post at which a unit has a specialist operation. Thus, a large specialist unit which is spread out over the floor may receive two or three separate evaluation scores so that the Committee can focus on exactly where a problem may be occurring. The same questionnaire will be used for equity option specialists, index option specialists \5\ and foreign currency option specialists. The survey would only be answered every six months instead of every three months, which is the current procedure. --------------------------------------------------------------------------- \4\ The number of trades is variable but will be predetermined by the Committee. \5\ Currently, all of the specialist units that have been allocated index options are also equity option specialists; however, if a unit only traded index options, the survey would be equally applicable. --------------------------------------------------------------------------- Each question must be answered by giving the unit a score of 1 through 9 (very poor to excellent). Any question that is answered with a score of 4 or less must be accompanied by a written explanation. Floor brokers who submit negative comments about a particular specialist unit will be invited to speak directly with a representative of the specialist unit in order to try to resolve any problems that may exist and Exchange staff may attend such a meeting. Floor brokers who do not complete and return the surveys still will be subject to fines pursuant to Options Floor Procedure Advice C-8. The questions asked will cover a wide range of specialist responsibilities such as the degree of liquidity provided, the tightness of quotes, timeliness of quote updates, ability to fill small lot orders, timeliness of reports, ability to conduct opening rotations, maintenance of crowd control, and clerical staffing. The second purpose of this filing is to revise the process by which the Committee uses the questionnaires to evaluate the specialists' performance. Currently, there is a very complicated review system in place that the Exchange has determined needs to be simplified in order to be effective. The evaluations are now scored on a scale of 1 through 10, and any unit with an overall score below 5 on the questionnaire in one quarter, a score of below 5 for three or more questions in one quarter, or a score below 5 on the same question for three consecutive quarters is deemed to have performed below minimum standards and is subject to review by the Committee. Under the proposed new language in Supplementary Material .02 to Rule 515, the Committee \6\ would review the survey as well as regulatory history, written complaints, timeliness of openings, trading data, and any other relevant information in order to determine if minimum performance standards as to, among other things, quality of markets, observance of ethical standards, and administrative responsibilities have been met. If a specialist unit is ranked by score in the bottom 10% of all units as a result of a semi-annual review, it will be presumed to have failed to meet the minimum performance standards.\7\ The Committee may also make such a presumption if the information on the survey or the other information review by the Committee supports such a finding. --------------------------------------------------------------------------- \6\ The Committee may conduct such reviews or it may delegate that responsibility to the Quality of Markets Subcommittee. Exchange Rule 509 is being amended to note this function as a specific responsibility of this subcommittee. \7\ Under the current procedure, a specialist unit that receives an average score under 5.00 in any one quarter would be deemed to have performed below minimum standards. --------------------------------------------------------------------------- If the Committee makes such a presumption of failure to meet minimum performance standards, it may elect to hold an informal meeting with the specialist unit or it may elect to hold a formal hearing in accordance with Rule 511(e). The Committee may only impose sanctions such as removal of specialist privileges in one or more options classes or a prohibition from new allocations as the result of a formal hearing. Rules 511(c) and 515 will be amended to reflect these changes. The hearing procedures set forth in Rule 511(e) will not change and decisions will still be subject to appeal to the Board of Governors as provided for under By-Law Article XI, Section 11-1. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act \8\ in general, and in particular, with Section 6(b)(5 , in that it is designed to promote just and equitable principles of trade, prevent fraudulent and manipulative acts and practices, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, as well as to protect investors and the public interest. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f(b). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Phlx does not believe that the proposed rule change will impose any inappropriate 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 either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the publication of this notice in the Federal Register or [[Page 48202]] within such longer period (i) as the Commission may designate up to 90 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 the 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 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-Phlx-96-23 and should be submitted by October 3, 1996. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. 96-23349 Filed 9-11-96; 8:45 am] BILLING CODE 8010-01-M