[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Pages 6596-6598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3477]


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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-38247; File No. SR-Phlx-97-05]


Self-Regulatory Organizations; Notice of Filing of Proposed Rule 
Change by the Philadelphia Stock Exchange, Inc., To Reduce the Value of 
the Super Cap Index

February 5, 1997.
    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 January 
9, 1997, 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 proposes to reduce the value of its Super Cap Index 
(``Index'') option (``HFX'') to one-half its present value by doubling 
the divisor used in calculating the Index. The Index is comprised of 
the top five options-eligible common stocks of U.S. companies traded on 
the New York Stock Exchange, as measured by capitalization. The other 
contract specifications for the HFX will remain unchanged.
    The text of the proposed rule change is available at the Office of 
the Secretary, 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 Phlx included statements 
concerning

[[Page 6597]]

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 Phlx 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

    The Exchange began trading the HFX in November, 1995.\1\ The Index 
value was created with a value of 350 on its base date of May 31, 1995 
and has risen to 540 on January 29, 1997. Thus, the value of the Index 
has increased 54% since it was first created.\2\ Consequently, the 
premium for HFX options has also risen. In May, 1996, the Exchange 
filed a proposed rule change to reduce the value of the Index by one-
third; although this proposal was approved by the Commission, 
operational limitations prevented its implementation.\3\ Thus, the 
Index has never been split.
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    \1\ See Securities Exchange Act Release No. 36369 (October 13, 
1995), 60 FR 54274 (October 20, 1995).
    \2\ See letter from Theresa A. McCloskey, Vice President, 
Regulatory Services, Phlx, to James T. McHale, Attorney, Office of 
Market Supervision, Division of Market Regulation, Commission, dated 
January 31, 1997 (``Phlx letter'').
    \3\ See Securities Exchange Act Release No. 37536 (August 7, 
1996) (SR-Phlx-96-17). The Options Clearing Corporation was not able 
to accept certain strike prices resulting from a three-for-one 
split, because dividing certain strike prices by three resulted in a 
strike price with too many decimal places. This operational 
limitation does not arise in a two-for-one split.
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    As a result, the Exchange proposes to conduct a ``two-for-one 
split'' of the Index, such that the value would be reduced to one-half 
of its present value. In order to account for the split, the number of 
HFX contracts will be doubled, such that for each HFX contract 
currently held, the holder would receive two contracts at the reduced 
value, with a strike price one-half of the original strike price. For 
instance, the holder of a HFX 540 call will receive two HFX 270 calls. 
In addition to the strike price being reduced by one-half, the position 
and exercise limits applicable to the HFX will be doubled, from 5,500 
contracts \4\ to 11,000 contracts, for a six month period after the 
split is effectuated.\5\ This procedure is similar to the one employed 
respecting equity options where the underlying security is subject to a 
two-for-one stock split, as well as previous reductions in the value of 
other Phlx indexes.\6\ The trading symbol will remain HFX.
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    \4\ See Phlx Rule 1001A(c).
    \5\ After this six month period, the position and exercise 
limits will return to the current level of 5,500 contracts.
    \6\ See Securities Exchange Act Release Nos. 36577 (December 12, 
1995), 60 FR 65705 (December 20, 1995) (reducing the value of the 
Phlx National Over-the-Counter Index); and 35999 (July 20, 1995), 60 
FR 38387 (July 26, 1995) (reducing the value of the Phlx 
Semiconductor Index).
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    In conjunction with the split, the Exchange will list strike prices 
surrounding the new, lower index value, pursuant to Phlx Rule 1101A.\7\ 
The Exchange will announce the effective date by way of an Exchange 
memorandum to the membership, also serving as notice of the strike 
price and position limit changes.\8\
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    \7\ Specifically, because the Index value would be less than 
500, the applicable strike price interval would be $5 in the first 
four months and $25 in the fifth month. See Rule 1101A(a).
    \8\ The Exchange will issue more than one memorandum, including 
one naming the effective date of the split and the specific strike 
prices for the new, split option.
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    The purpose of the proposal is to attract additional liquidity to 
the product in those series that public customers are most interested 
in trading. For example, a near-term, at-the-money call option series 
currently trades at approximately $2,125 per contract.\9\ The Exchange 
believes that certain investors and traders currently may be impeded 
from trading at such levels. With the Index split, that same option 
series (once adjusted), with all else remaining equal, could trade at 
approximately $1,062 per contract. The Phlx believes that a reduced 
premium value should encourage additional investor interest.
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    \9\ With the Index at 540, a February 540 call on January 29, 
1997 was priced at approximately 21\1/4\, multiplied by 100=$2125. 
See Phlx letter, supra note 2.
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    The Exchange believes that Super Cap Index options provide an 
important opportunity for investors to hedge and speculate upon the 
market risk associated with the underlying stocks. By reducing the 
value of the Index, such investors will be able to utilize this trading 
vehicle, while extending a smaller outlay of capital. This, in turn, 
should attract additional investors and create a more active and liquid 
trading environment.
    The Exchange believes that the proposed rule change 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, as well as to protect investors and the public 
interest, by establishing a lower index value, which should, in turn, 
facilitate trading in Super Cap Index options. The Exchange believes 
that reducing the value of the Index does not raise manipulation 
concerns and would not cause adverse market impact, because the 
Exchange will continue to employ its surveillance procedures and has 
proposed an orderly procedure to achieve the index split.

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

    The Exchange believes the proposed rule change will impose no 
inappropriate burden on competition.

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 35 days of the publication of this notice in the Federal 
Register or 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. 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 Phlx. All 
submissions should refer to File No. SR-Phlx-97-05 and should be 
submitted by [insert date 21 days from date of publication].


[[Page 6598]]


    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 97-3477 Filed 2-11-97; 8:45 am]
BILLING CODE 8010-01-M