[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
[Notices]
[Page 38180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18606]



[[Page 38180]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-38821; File No. SR-PCX-97-27]


Self-Regulatory Organizations; Notice of Filing of Proposed Rule 
Change by the Pacific Exchange, Inc. Relating to the Addition of a 
Public Governor to Its Board of Governors and Permitting an Additional 
Public Governor To Serve on the Executive Committee

July 8, 1997.
    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 June 27, 1997, the Pacific Exchange (``PCX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'' or ``SEC'') 
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).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    PCX is proposing to amend Sections 1(a) and 6 of Article II and 
Section 2(a) of Article III of its Constitution so that another 
individual from the public sector may serve on the Board of Governors 
and to permit an additional public governor to serve on the Executive 
Committee for the Exchange.
    The complete text of the proposed rule change is available at the 
principal office of the Exchange 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

Purpose
    The purpose of the proposed rule change is to add one additional 
public governor to the Board. This additional public governor would 
broaden the representation on the Board and would add another outside 
dimension to the Board, thereby adding to its depth. Furthermore, the 
proposed rule change would also permit another public governor to serve 
on the Executive Committee for additional outside input in the 
administration of the Exchange.
    This proposed rule change reflects some sentiment in the industry, 
including from Commission Chairman Arthur Levitt, to increase public 
presence on exchange boards. This proposed rule change will bring the 
PCX Board up to seven public governors on the twenty-two person Board. 
Also, the Executive Committee will now have two public governors as 
opposed to its single public participant prior to these proposed rule 
changes. These additions will add valuable input and insight at the 
highest levels of the administration of the PCX. Also, the proposed 
rule change contains an alteration to the text of Section 2(a), Article 
III to make it gender neutral.
Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act, in general, and Section 6(b)(5), in particular, in that it is 
designed to promote just and equitable principles of trade and to 
protect the investors and the public interest.

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

    Written comments on the proposed rule change were neither solicited 
nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 35 days of the date 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 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 5 U.S.C. 552, will be available for inspection and copying in the 
Commission's Public Reference Room, 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 PCX. All submissions should 
refer to File No. SR-PCX-97-27 and should be submitted by August 6, 
1997.

    \1\ 15 U.S.C. Sec. 78s(b) (1).
    \2\17 CFR 240.19b-4.
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    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 97-18606 Filed 7-15-97; 8:45 am]
BILLING CODE 8010-01-M