[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Notices]
[Pages 13082-13083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6762]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-39742; File No. SR-Phlx-97-62]


Self-Regulatory Organizations: Notice of Filing of Proposed Rule 
Change by the Philadelphia Stock Exchange, Inc. To Amend Its By-Law 
Article X, Sections 10-16, 10-17 and 10-19 To Require That Each of Its 
Trading Floor Committees Consult With Its Corresponding Quality of 
Markets Committee on All Matters of Policy and All Matters That Are To 
Be Presented to the Board

March 11, 1998.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'').\1\ notice is hereby given that on December 29, 1997, the 
Philadelphia Stock Exchange, Inc. (``Phlx'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule changed as described in Items, I, II, and III below, 
which Items have been prepared by the self-regulatory organization.\2\ 
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\ A technical amendment, Amendment No. 1, was filed with the 
Commission on March 10, 1998. It amended By-Law Article X, Sections 
10-17 to require that the Foreign Currency Options Committee 
(``Committee'') consult with the Foreign Currency Options Trading 
Floor's Quality of Markets Committee on ``all'' matters which are to 
be presented to the Phlx Board of Governors by the Committee, 
consistent with proposed amendments to Section 10-16 and 10-19. The 
qualifying term ``all'' was unintentionally left out of the initial 
filing provisions relating to Section 10-17.
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I. Self-Regulatory Organization's Statement of the Terms of 
Substance of the Proposed Rule Change

    The Phlx hereby proposes to amend its By-Law Article X, Sections 
10-16, 10-17 and 10-19 so that each of its respective trading floor 
standing

[[Page 13083]]

committees shall consult with its corresponding quality of markets 
committee on all matters which are to be presented to the Board of 
Governors.
    The text of the proposed rule change is set forth in full in 
Exhibit B to the filing.

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. 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

    Phlx By-Law Article X, Sections 10-16, 10-17 and 10-19 set forth 
the charters of the Exchange's various trading floor standing 
committees. The proposed amendments specify that each of the trading 
floor standing committees shall consult with its respective quality of 
markets on all matters of policy and all matters which are to be 
presented to the Board of Governors. The proposed amendments are 
intended to foster sharing of views on policy and other matters between 
the various trading floor standing committees (Floor Procedure, Foreign 
Currency Options and Options) and corresponding quality of markets 
committees. The intended sharing of views on all policy matters is 
designed to bring the perspectives of the non-industry representatives 
of the various quality of markets committees to matters that may be 
referred to the Board of Governors by the various trading floor 
standing committees.
    The proposed rule change is consistent with Section 6 of the Act 
\3\ in general, and in particular, with Section 6(b)(5) \4\ 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 national market system, as well 
as to protect investors and the public interest.
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    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(5).
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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 date of 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 Phlx 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, including whether the submission is 
consistent with the Act. Persons making written submissions should file 
six copies thereof with the Secretary, Securities and Exchange 
Commission, 450 Fifth Street, N.W., Washington, DC 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 Phlx. All submissions should refer to File 
No. SR-Phlx-97-62 and should be submitted by April 7, 1998.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 98-6762 Filed 3-16-98; 8:45 am]
BILLING CODE 8010-01-M