[Federal Register Volume 70, Number 149 (Thursday, August 4, 2005)]
[Notices]
[Pages 44966-44967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4148]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52154; File No. SR-NYSE-2005-51]


Self-Regulatory Organizations; New York Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to 
Eliminate the ``All or None'' and ``Fill or Kill'' Order Types in the 
Exchange's Equity Market

July 28, 2005
    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 July 20, 2005, the New York Stock Exchange, Inc. (``NYSE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by NYSE. The Exchange filed 
the proposal pursuant to Section 19(b)(3)(A) of the Act,\3\ and Rule 
19b-4(f)(6) thereunder,\4\ which renders the proposal effective upon 
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rules 13, 79A.15, 123B, and 
806 in order to eliminate the All or None (``AON'') and Fill or Kill 
(``FOK'') order types in the Exchange's equity market. The text of the 
proposed rule change is available on NYSE's Web site (http://www.nyse.com), at NYSE's Office of the Secretary, and at the 
Commission's Public Reference Room.

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 Exchange 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 Exchange 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

1. Purpose
    Exchange Rule 13 defines AON orders and FOK orders. An AON order is 
defined as:

    A market or limited price order which is to be executed in its 
entirety or not at all, but, unlike a fill or kill order, is not to 
be treated as cancelled if not executed as soon as it is represented 
in the Trading Crowd. The making of ``all or none'' bids or offers 
in stocks is prohibited and the making of ``all or none'' bids or 
offers in bonds is subject to the restrictions of Rule 61 and Rule 
86.

An AON order cannot be represented in the Exchange's published best 
bid/offer due to the conditional nature of its execution.
    An FOK order is defined as:

    A market or limited price order which is to be executed in its 
entirety as soon as it is represented in the Trading Crowd, and such 
order, if not so executed, is to be treated as cancelled. For 
purposes of this definition, a ``stop'' is considered an execution.

    The Exchange proposes to eliminate the above two order types in its 
equity market because, according to the Exchange, such order types are 
infrequently used and represent a very small percentage of order flow, 
less than one-tenth of 1% (approximately .06% for AON orders and 
.00028% for FOK orders). The average number of AON orders is 
approximately 12,000 per day and the average number of FOK orders is 
approximately 55 orders per day, out of approximately 20 million orders 
received by the Exchange per day. Approximately 65% of all AON orders 
are cancelled. In addition, the Exchange stated that, in informal 
discussions it had with both buy-side and sell-side customers, such 
customers did not object to the proposed elimination of these order 
types. Furthermore, the Exchange believes that the wider availability 
of immediate or cancel orders, as proposed in the Exchange Hybrid 
Market filings,\5\ would provide a useful substitute for customers 
seeking similar types of executions. In addition, both order types 
would continue to exist for purposes of the Automated Bond System 
[supreg], as discussed in Exchange Rule 86. Exchange Rule 13 also would 
be amended to clarify this.
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    \5\ See Securities Exchange Act Release Nos. 50173 (August 10, 
2004), 69 FR 50407 (August 16, 2004) (Amendment No. 1 to SR-NYSE-
2004-05); 50667 (November 15, 2004), 69 FR 67980 (November 22, 2004) 
(Amendment Nos. 2 and 3 to SR-NYSE-2004-05); and 51906 (June 22, 
2005), 70 FR 37463 (June 29, 2005) (Amendment No. 5 to SR-NYSE-2004-
05).
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    In addition to Exchange Rule 13, the proposed rule change would 
eliminate references to AON orders and FOK orders in Exchange Rules 
79A.15(6) (Miscellaneous Requirements on Stock and Bond Market 
Procedures), 123B (Exchange Automated Order Routing Systems), and 806 
(Taking or Supplying Baskets Named in Order).
 2. Statutory Basis
    The Exchange believes that the basis under the Act for this 
proposed rule change is the requirement under Section 6(b)(5) \6\ that 
an exchange have rules that are designed to promote just and equitable 
principles of trade, 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 a national market system and, in general, to 
protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed rule change would not 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act.

[[Page 44967]]

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments regarding the proposed rule change. The Exchange has not 
received any unsolicited written comments from members or other 
interested parties.

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

    The foregoing proposed rule change is subject to Section 
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6) thereunder \8\ 
because the proposal: (i) Does not significantly affect the protection 
of investors or the public interest; (ii) does not impose any 
significant burden on competition; and (iii) does not become operative 
prior to 30 days after the date of filing or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest; provided that the Exchange has given the 
Commission notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6).
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    The Exchange satisfied the five-day pre-filing requirement. The 
Exchange has requested that the Commission waive the 30-day operative 
delay. The Commission believes that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest 
because such waiver would allow the Exchange to eliminate two 
infrequently used order types, which may increase the efficiency of the 
Exchange. For these reasons, the Commission designates the proposal to 
be effective and operative upon filing with the Commission.\9\
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    \9\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate such rule change if it 
appears to the Commission that such action is necessary or appropriate 
in the public interest, for the protection of investors, or otherwise 
in furtherance of the purposes of the Act.\10\
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    \10\ See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to [email protected]. Please include 
File Number SR-NYSE-2005-51 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, Station Place, 100 F 
Street, NE, Washington, DC 20549-9303.
    All submissions should refer to File Number SR-NYSE-2005-51. This 
file number should be included on the subject line if e-mail is used. 
To help the Commission process and review your comments more 
efficiently, please use only one method. The Commission will post all 
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). 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 Section, 100 F Street, 
NE, Washington, DC 20549. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSE-2005-51 and should be 
submitted on or before August 25, 2005.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-4148 Filed 8-3-05; 8:45 am]
BILLING CODE 8010-01-P