[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Notices]
[Pages 73109-73110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33850]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-42264; File No. SR-PHLX-99-38]


Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; 
Order Approving Proposed Rule Change and Amendment No. 1 Thereto and 
Notice of Filing and Order Granting Accelerated Approval of Amendment 
No. 2 Relating to the Removal of Certain Printers From the Equity Floor

December 21, 1999.

I. Introduction

    On September 10, 1999, the Philadelphia Stock Exchange, Inc. 
(``Phlx'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') pursuant to Section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change relating to the removal of 
certain printers from the floor of the Exchange, the revision of the 
Exchange's minor rule plan, and the modification of Advice E-5 to 
conform to Phlx Rule 206. On October 22, 1999, the Exchange submitted 
Amendment No. 1 to its proposed rule change.\3\ The proposed rule 
change and Amendment No. 1 were published in the Federal Register on 
November 24, 1999.\4\ No comments were received on the proposal. On 
December 20, 1999, the Exchange submitted Amendment No. 2 to its 
proposed rule change.\5\ This notice and order approves the proposed 
rule change, as amended, and solicits comments from interested persons 
on Amendment No. 2.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Letter from Cynthia Hoekstra, Counsel, Phlx, to Nancy 
Sanow, Senior Special Counsel, Division of Market Regulation 
(``Division''), Commission, dated October 21, 1999 (``Amendment No. 
1'').
    \4\ Securities Exchange Act Release No. 42151 (November 17, 
1999), 64 FR 66223 (November 24, 1999).
    \5\ In Amendment No. 2, the Exchange requested accelerated 
approval of its proposed rule change and notified the Division that 
the Exchange will be submitting an undertaking concerning the 
record-keeping requirements of its equity specialists affected by 
the removal of the DARTS printers. See Letter from John Dayton, 
Counsel, Phlx, to Nancy Sanow, Senior Special Counsel, Division, 
Commission, dated December 17, 1999 (``Amendment No. 2''). A copy of 
the undertaking letter was received on December 20, 1999. See Letter 
from Lanny Schwartz, Executive Vice President, Legal, Phlx, to 
Michael A. Macchiaroli, Associate Director, Office of Risk 
Management and Control, Division, Commission, dated December 20, 
1999 (``Schwartz Letter'').
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II. Description of the Proposal

    The Phlx proposes to amend Equity Floor Procedure Advice E-5 
(``Advice E-5''), Clocked Tickets; Phlx Rule 206, Written Orders-Day 
Orders; and Phlx Rule 216, Records to be Kept. The purpose of the 
amendments to Advice E-5 and Phlx Rules 206 and 216 is to allow for the 
removal of the Designated Automatic Routing to Terminal System 
(``DARTS'') printers from the equity floor without causing the 
specialists and floor brokers to be in violation of Advice E-5 or Phlx 
Rules 206 and 216.\6\
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    \6\ This proposal affects PACE order tickets only, not telephone 
orders/manual tickets or production of hard copy reports.
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    Currently, orders sent to the equity floor through the PACE System 
\7\ generate a hard copy ticket, which is printed on a DARTS 
printer.\8\ These tickets provide hard copy records of the time of 
receipt of orders. In addition, specialists stamp the time of execution 
of the order on the reverse side of the ticket on all manual market and 
limit orders. However, the system that supports the DARTS printers is 
not, and cannot become, Year 2000 compliant. Therefore, the DARTS 
printers will be removed from the Equity Floor. The information that is 
produced by the DARTS printer will be maintained electronically for the 
appropriate time periods mandated by the books and records requirements 
of the Commission. The Exchange has submitted a letter to the 
Commission undertaking, in part, to maintain and preserve, on behalf of 
the equity specialist firms, all information contained on the order 
tickets generated by the DARTS printer.\9\
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    \7\ PACE is the Exchange's automated order routing and execution 
system on the equity trading floor.
    \8\ PACE orders are also processed electronically. The Exchange 
believes, therefore, that the elimination of hard copy tickets will 
not impact the ability to efficiently process orders and executions. 
In fact, the Exchange believes that the removal of the hard copy 
tickets will improve trade processing efficiencies and reduce the 
amount of paper that is used on the trading floor. See Amendment No. 
2, supra note 5.
    \9\ See Schwartz Letter, supra note 5.
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    Advice E-5 requires floor brokers to record, by time stamp, the 
time of receipt of the order on the front of the ticket and the time of 
execution of the order on the reverse side of the ticket. Specialists 
also are required to record the time of execution of orders executed

[[Page 73110]]

off the specialist's book. In addition, Phlx Rule 206 requires, in 
part, that all orders given to a specialist be in writing and timed by 
him when received. Phlx Rule 216 requires, in part, that every 
specialist keep a record of all orders placed with him and all 
executions or such orders. In addition, Phlx Rule 216 requires the 
specialist to preserve such records in accordance with Rule 17a-4 of 
the Act.\10\
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    \10\ 17 CFR 240.17a-4.
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    With no hard copy tickets recording order receipt and execution 
time data, floor brokers and specialists on the Equity Floor could be 
in violation of Advice E-5 and Rule 206 each time an order is received 
and executed on PACE. Without the DARTS printer tickets, specialists 
would be in violation of Rule 216 if they did not retain the DARTS 
printer tickets. Therefore, as a matter of practicality, it is 
necessary to eliminate the hard copy recording and document maintenance 
requirements for trades for which no hard copy ticket is generated. As 
stated above, the information that is produced by the DARTS printer 
will be maintained electronically for the appropriate time periods 
mandated by the books and records requirements of the Commission.
    In addition, the proposed change to Advice E-5 would require 
specialists to record the time of receipt of hand-held orders to be 
placed on the specialist's book on the front of the ticket in 
accordance with Phlx Rule 206. Further, the fine schedule for 
violations of Advice E-5, which has not been updated for ten years, 
will be increased to better reflect the seriousness of the violation. 
The fine schedule for violations of Advice E-5 will be increased from 
$50 to $100 for the first occurrence, from $100 to $250 for the second 
occurrence, and from $200 to $500 for the third occurrence.

III. Discussion

    The Commission finds that the proposed rule change, as amended, is 
consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities 
exchange.\11\ Specifically, the Commission believes the proposal is 
consistent with the Section 6(b)(5) \12\ requirements that the rules of 
an exchange be designed to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest.
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    \11\ In approving the proposed rule change, the Commission has 
considered its impact on efficiency, competition, and capital 
formation. 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the removal of the DARTS printers is 
necessary since the printers cannot become Year 2000 compliant. The 
Commission notes that all PACE orders are currently processed 
electronically, and, further, that the Exchange has represented that 
the removal of the DARTS printers should not impact the processing of 
orders or executions and may, in fact, improve trade processing 
efficiencies and reduce paper on the trading floor. The Commission also 
notes that the Exchange has submitted a letter to the Commission 
undertaking to maintain and preserve electronically, on behalf of the 
equity specialist firms, all information contained on the order tickets 
generated by the DARTS printer.\13\ The Exchange also agreed, in part, 
to promptly surrender such records at the request of the equity 
specialist firm, as well as allow the Commission to examine such 
records.\14\ The Commission therefore, believes that it is appropriate 
to modify the Phlx's rules so that Phlx floor brokers and specialists 
will not violate Advice E-5 and Phlx Rules 206 and 216 once the 
printers are removed.
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    \13\ See Schwartz Letter, supra note 5.
    \14\ Id.
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    The Commission also finds it is appropriate to revise Advice E-5 to 
specifically require specialists to record the time of receipt of hand-
held orders to be placed on the specialist's book on the front of the 
ticket, because it merely incorporates the existing requirement of Phlx 
Rule 206. Thus, the proposed revision to Advice E-5 clarifies the 
obligations of specialists. Further, the Commission believes it is 
appropriate to update the fine schedule for violations of Advice E-5 to 
better reflect the seriousnesss of such violations. The Commission 
notes that the Exchange has represented that the fine schedule has not 
been revised for ten years.
    The Commission finds good cause for approving proposed Amendment 
No. 2 prior to the thirtieth day after the date of publication of 
notice of filing in the Federal Register. The Exchange is merely asking 
for expedited approval of its proposal to ensue a smooth transition 
from the DARTS printers to an electronic system before the Year 2000. 
The Exchange believes that accelerated approval will allow ample time 
for equity floor members to adjust to this change.\15\ Thus, the 
Commission believes that allowing the removal of the DARTS printers and 
the revision of the corresponding Phlx Rules 206 and 216 and Advice E-5 
prior to the Year 2000 will allow the Exchange to address Your 2000 
associated issues in an expedited manner. In addition, the Commission 
notes that the revision to Advice E-5, which would require specialists 
to record the time of receipt of hand-held orders to be placed on the 
specialists book on the front of the ticket, merely clarifies the 
requirement of Phlx Rule 206 in Advice E-5. The Commission also 
believes it is appropriate to revise the find scheldue in Advice E-5 in 
conjunction with the other amendments to Advice E-5.
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    \15\ To assist members with the transition, the Exchange intends 
to provide refresher training sessions relating to the equity 
specialist workstations. See Amendment No. 2, supra note 5.
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning Amendment No. 2, including whether Amendment No. 
2, as amended, 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 20549-0609. 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 in Washington, DC. 
Copies of such filing will also be available for inspection and copying 
at the principle office Exchange. All submission should refer to File 
No. SR-Phlx-99-38 and should be submitted by January 19, 2000.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act 
\16\ that the proposed rule change SR-PHLX-99-38), as amended, is 
approved.

    \16\ 15 U.S.C. 78s(b)(2).
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    For the Commission, by the Division of Market Requlation, 
pursuant to delegated authority.\17\
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    \17\ CFR 200.30-3(A)(12).
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Margaret H. McFarland,
Deputy Secretary
[FR Doc. 99-33850 Filed 12-28-99; 8:45 am]
BILLING CODE 8010-01-M