[Federal Register Volume 62, Number 4 (Tuesday, January 7, 1997)]
[Notices]
[Pages 1017-1018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-235]



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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-38104; File No. SR-PHLX-96-51]


Self-Regulatory Organizations; Notice of Filing and Order 
Granting Accelerated Approval to a Proposed Rule Change by the 
Philadelphia Stock Exchange, Inc., Relating to an Extension of the 
Automated Options Market Pilot Program

December 31, 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 December 
6, 1996, the Philadelphia Stock Exchange, Inc. (``PHLX'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the self-
regulatory organization. The Commission is approving this proposal on 
an accelerated basis.

I. Self-Regulatory Organization's Statement of the Terms of 
Substance of the Proposed Rule Change

    The PHLX proposes to extend the Exchange's Automated Options Market 
(``AUTOM'') system pilot program for a six month period ending June 30, 
1997.
    The text of the proposal is available at the Office of the 
Secretary, the PHLX, and at the Commission.

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 Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    AUTOM, which has operated on a pilot basis since 1988 and was most 
recently extended through December 31, 1996,\1\ 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.
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    \1\ See Securities Exchange Act Release No. 36582 (December 13, 
1995), 60 FR 65364 (December 19, 1995) (order approving File No. SR-
PHLX-95-78) (``1996 AUTOM Order'').
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    Certain orders are eligible for AUTOM's automatic execution 
feature, AUTO-X, which was approved as part of the AUTOM pilot program 
in 1990.\2\ AUTO-X orders are executed automatically at the 
disseminated quotation price on the Exchange and reported to the 
Options Price Reporting Authority (``OPRA'') as well as the originating 
firm. Orders that are not eligible for AUTO-X are handled manually by 
the specialist and, upon execution of the order, are inputted into 
Exchange systems for reporting to OPRA and the delivering firm.
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    \2\ See Securities Exchange Act Release No. 27599 (January 9, 
1990), 55 FR 1751 (January 18, 1990) (order approving File No. SR-
PHLX-89-03).
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    Originally, the AUTOM pilot program was approved by the Commission 
for market orders of up to five contracts for 12 PHLX near-month equity 
options.\3\ Since that time, AUTOM has been amended and extended 
several times, generally in one-year increments.\4\
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    \3\ See Securities Exchange Act Release No. 25540 (March 31, 
1988), 53 FR 11390 (April 6, 1988).
    \4\ See 1996 AUTOM Order, supra note 1. See also Securities 
Exchange Act Release Nos. 25540 (March 31, 1988), 53 FR 11390 (April 
6, 1988) (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); 
29837 (October 18, 1991), 56 FR 36496 (order approving File No. SR-
PHLX-90-03, extending pilot through December 31, 1993); 33405 
(December 30, 1993), 59 FR 790 (order approving File No. SR-PHLX-93-
57, extending pilot through December 31, 1994); 35183 (December 30, 
1994), 60 FR 2420 (January 9, 1995) (order approving File No. SR-
PHLX-94-41, extending pilot through December 31, 1995); 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); 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 options); and 33405 (December 30, 1993), 59 FR 790 
(order approving File No. SR-PHLX-93-57, extending pilot through 
December 31, 1994); 34920 (October 31, 1994), 59 FR 55510 (November 
7, 1994) (File No. SR-PHLX-94-40, codifying use of AUTOM for index 
options); 35601 (April 13, 1995), 60 FR 19616 (File No. SR-PHLX-95-
18, codifying the use of AUTOM for certain order types); 35681 (May 
30, 1995), 60 FR 30131 (June 7, 1995) (File No. SR-PHLX-95-29, 
increasing AUTO-X for USTOP 100 Index (``TPX'') options to 50 
contracts); 35782 (May 30, 1995), 60 FR 30136 (June 7, 1995) (File 
No. SR-PHLX-95-30, increasing the maximum AUTOM order size from 100 
to 500 contracts); 36429 (October 27, 1995), 60 FR 55874 (November 
3, 1995) (File No. SR-PHLX-95-35, allowing broker-dealer TPX option 
orders to be routed through AUTOM); and 36467 (November 8, 1995), 60 
FR 57615 (November 16, 1995) (order approving File No. SR-PHLX-95-
33, limiting AUTO-X for National Over-the-Counter Index options to 
series where the bid is $10 or less).
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    In the most recent extension of the pilot program until December 
31, 1996,\5\ the Commission stated that the Exchange's request for 
permanent approval should be accompanied by a report covering the 
period between January 1, 1996, and June 30, 1996, describing: (1) the 
benefits provided by AUTOM; (2) the degree of AUTOM usage, including 
the number and size of the orders routed through AUTOM and the number 
and size of the orders executed automatically through the AUTO-X 
system; (3) the system capacity of AUTOM and AUTO-X; and (4) any 
problems the Exchange has encountered with the routing and execution 
features. Generally, the Exchange believes that AUTOM has functioned 
properly and efficiently since the last extension of the pilot program.
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    \5\ See 1996 AUTOM Order, supra note 1.
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    Thus, the PHLX proposes to extend the AUTOM pilot program for a 
six-month period ending June 30, 1997. The PHLX believes that this 
should provide time for the Exchange to submit a proposed rule change 
requesting permanent approval of AUTOM as well as an AUTOM rule to 
govern the system. During this time, the PHLX can continue to study the 
effectiveness of AUTOM prior to permanent approval.
    According to the PHLX, AUTOM provides option orders with the 
benefits of electronic delivery and reporting, while AUTO-X provides 
automatic executions. Accordingly, the Exchange believes that AUTOM 
increases the speed and efficiency of order delivery, execution and 
reporting. This, in turn, promotes liquidity as well as fair and 
orderly markets. For these reasons, the PHLX believes that extending 
the AUTOM pilot program for six months through June 30, 1997, is 
consistent with Section 6 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 protect investors and the public 
interest. In addition, the Exchange believes that the proposed rule 
change is consistent with Section 11A(a)(1)(B) of the Act in that AUTOM 
is intended to improve,

[[Page 1018]]

through the use of new data processing and communications techniques, 
the efficiency with which transactions in PHLX equity and index options 
are executed. Further, the Exchange believes that AUTOM fosters 
competition among options exchanges, which have similar systems in 
place.

(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. Commission's Findings and Order Granting Accelerated Approval 
of Proposed Rule Change

    The Exchange has requested that the proposed rule change be given 
accelerated effectiveness pursuant to Section 19(b)(2) of the Act.
    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 Sections 6 and 11A.\6\ Specifically, 
the Commission continues to believe that the development and 
implementation of the AUTOM system provides for more efficient handling 
and reporting of orders in PHLX options through the use of new data 
processing and communications techniques, thereby improving order 
processing and turnaround time.\7\ The Commission does not object to an 
extension of the pilot program until June 30, 1997, in response to the 
PHLX's assertion that continuation of the pilot will provide the 
Exchange with an opportunity to continue to study its effectiveness 
prior to permanent approval of the program.\8\
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    \6\ 15 U.S.C. Sec. 78f and 78k-1 (1988).
    \7\ In approving the rule, the Commission has considered the 
proposed rule's impact on efficiency, competition, and capital 
formation. 15 U.S.C. Sec. 78c(f).
    \8\ The PHLX will submit a request for permanent approval of the 
program no later than May 1, 1997. This request will be accompanied 
by a report covering the period between June 30, 1996, and January 
1, 1997, that will include: (1) a description of the benefits 
provided by AUTOM; (2) the degree of AUTOM usage, including the 
number and size of the orders routed through AUTOM and the number 
and size of the orders executed automatically through the AUTO-X 
system; (3) the system capacity of AUTOM and AUTO-X; and (4) any 
problems the Exchange has encountered with the routing and execution 
features.
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    The Commission notes further that the Exchange has represented that 
from January 1996 through November 1996, no significant problems have 
been reported with AUTOM's routing or execution functions, which have 
functioned properly and efficiently.
    The Commission finds good cause for approving the proposed rule 
change prior to the thirtieth day after the date of publication of 
notice of filing thereof in the Federal Register in order to permit the 
PHLX to continue the AUTROM pilot program on an uninterrupted basis. 
Specifically, the Commission believes that the PHLX's proposal to 
extend the AUTOM pilot program does not raise any new issues since it 
merely extends the pilot program as it is currently operating. Further, 
the Commission believes that the pilot is beneficial in maintaining the 
quality and efficiency of the PHLX's market. In addition, the 
Commission notes that there have been no adverse comments concerning 
the pilot program since its implementation. Accordingly, the Commission 
believes that granting accelerated approval of the proposed rule change 
is appropriate and consistent with Sections 6 and 11A 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, 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. Copies of such filing will also be available for 
inspection and copying at the principal office of the above-mentioned 
self-regulatory organization. All submissions should refer to the file 
number in the caption above and should be submitted by [insert date 21 
days after the date of this publication].
    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\9\ that the proposed rule change (SR-PHLX-96-51) is approved 
through June 30, 1997.

    \9\ 15 U.S.C. Sec. 78s(b)(2) (1982).
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    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)(12) (1995).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 97-235 Filed 1-6-97; 8:45 am]
BILLING CODE 8010-01-M