[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Pages 58773-58774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5525]



[[Page 58773]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52542; File No. SR-PCX-2005-85]


Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of 
Filing of Proposed Rule Change and Amendment Nos. 2 and 3 Thereto 
Relating to Exposure of Orders in the PCX Plus Crossing Mechanism

September 30, 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 19, 2005, the Pacific Exchange, Inc. (``PCX'' 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 PCX. The PCX filed Amendment No. 1 to 
the proposed rule change on September 20, 2005 and withdrew Amendment 
No. 1 on September 22, 2005. The PCX filed Amendment No. 2 to the 
proposed rule change on September 23, 2005.\3\ The PCX filed Amendment 
No. 3 to the proposed rule change on September 27, 2005.\4\ The 
Commission is publishing this notice to solicit comments on the 
proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 2, the PCX clarified its statement of the 
purpose of the proposed rule change, corrected certain terminology 
that was inadvertently used in the rule text set forth in the 
original proposal, and corrected typographical errors in the text of 
the current rule.
    \4\ In Amendment No. 3, the PCX corrected Exhibit 4 to Amendment 
No. 2.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The PCX is proposing to decrease the exposure period in its 
Crossing Mechanism from 30 seconds to 10 seconds. Minor changes are 
also proposed to correct typographical errors in existing rule text. 
The text of the proposed rule change is available on the PCX's Web site 
(http://www.pacificex.com), at the PCX'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 PCX 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 PCX 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
    PCX rules provide that a PCX Broker may not facilitate orders or 
cross two orders, using the Crossing Mechanism of the PCX Plus System 
(``PCX Plus'' or ``System''), unless it enters into the System the 
terms of each order that is to be included as part of a Cross Order,\5\ 
pursuant to PCX Rule 6.76(c)(2)(A). Both facilitation crosses and non-
facilitation crosses are executed in the same manner in PCX Plus. Upon 
entry into PCX Plus, the System will evaluate the terms of the Cross 
Order and, after accepting the Cross Order, will execute the cross in 
accordance with PCX Rule 6.76(c)(2)(B). Among other conditions, Rule 
6.76(c)(2)(B) requires a 30-second exposure period in which OTP Holders 
and OTP Firms may enter orders to trade against the side of the Cross 
Order that has been designated as the Exposed Order.\6\ It is this 
portion of the Crossing Mechanism rule that the PCX proposes to change.
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    \5\ See PCX Rule 6.76(c)(1)(A), which defines Cross Order for 
the purposes of PCX Rule 6.76(c) as ``two orders with instructions 
to match the identified buy-side with the identified sell-side at a 
specified price (the ``Cross Price'').''
    \6\ See PCX Rule 6.76(c)(1)(D), which defines ``Exposed Order'' 
as follows: ``the buy or sell side of a Cross Order that has been 
designated by a PCX Broker as the side to be exposed to the market 
and that is eligible for execution against all trading interest. 
Public Customer orders will always be deemed to be the Exposed Order 
in a Cross Order. In the case of a Cross Order involving a non-
customer on both the buy side and sell side, the PCX Broker must 
designate one side of the Cross Order as the Exposed Order.''
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    The Exchange proposes to shorten the duration of the exposure 
period contained in the rules governing the Crossing Mechanism, as set 
forth in PCX Rule 6.76(c)(2)(B)(i)(a) and PCX Rule 
6.76(c)(2)(B)(ii)(b),\7\ from 30 seconds to 10 seconds. This shortened 
exposure period is fully consistent with the electronic nature of the 
System. Market participants on the PCX have implemented systems that 
monitor any updates to the PCX market including any changes resulting 
from orders being entered into the Crossing Mechanism and can 
automatically respond based upon pre-set parameters. In this electronic 
environment, it is not necessary to provide an exposure time 
sufficiently long to permit a person to manually respond to an updated 
market in order to provide the opportunity for crowd interaction. Thus, 
an exposure period of 10 seconds will permit exposure of orders on the 
PCX in a manner consistent with the Exchange's electronic market.
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    \7\ PCX Rules 6.76(c)(2)(B)(i) and 6.76(c)(2)(B)(ii) govern the 
execution of Cross Orders when the Cross Price is between the Best 
Bid and Offer (``BBO'') and when it is at the BBO, respectively.
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    By reducing the exposure period from 30 seconds to 10 seconds the 
PCX believes that OTP Holders and OTP Firms will be able to provide 
liquidity to their customers' orders on a timelier basis, thus 
providing investors with more speedy executions. Timely and accurate 
executions are consistent with the principles under which PCX Plus was 
developed.
    The PCX also proposes to change a phrase in the text in Rule 
6.76(c)(2)(B)(i)(b) and Rule 6.76(c)(2)(B)(ii)(b) from ``OTP Holder or 
OTP Firm'' to ``OTP Holders and OTP Firms''. It has always been the 
intent of the PCX to have the pluralized version of the terms as part 
of the rules.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \8\ that an exchange have rules that 
are designed 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. In particular, the proposed rule change will provide 
investors with more timely execution of their options orders, while 
ensuring that there is an adequate exposure of all crossing orders in 
the PCX marketplace.
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    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The

[[Page 58774]]

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

    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 PCX 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 proposed rule 
change, as amended, 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-PCX-2005-85 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-PCX-2005-85. 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 Room. Copies of the 
filing also will be available for inspection and copying at the 
principal office of the PCX. 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-PCX-2005-85 and should be submitted on or before October 
28, 2005.

    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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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-5525 Filed 10-6-05; 8:45 am]
BILLING CODE 8010-01-P