[Federal Register Volume 59, Number 205 (Tuesday, October 25, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-26436] [[Page Unknown]] [Federal Register: October 25, 1994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-34849; File No. SR-PSE-94-22] Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by Pacific Stock Exchange, Inc., Relating to the Execution of Cross Transactions on the PSE Equities Floors October 18, 1994. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''), 15 U.S.C. 78s(b)(1), notice is hereby given that on August 18, 1994, the Pacific Stock Exchange, Inc. (``PSE'' 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 self-regulatory organization. On October 13, 1994, the Exchange submitted Amendment No. 1.\1\ The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\See letter from Michael Pierson, Senior Attorney, PSE, to Sandra Sciole, Commission, dated October 10, 1994. In Amendment No. 1 the PSE (1) Divided the original proposed rule change into two filings by removing proposed commentary .06 from this filing and making it a separate filing; and (2) changed the minimum number of shares for eligibility under the commentary from 10,000 to 25,000 to mirror the comparable Amex and NYSE Rules (NYSE Rule 72(b) and Amex Rule 126(g)). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to add a new commentary to its Rule 5.14(b), relating to the execution of cross transactions on the Equities Floors. The text of the proposed rule change is as follows: italicizing indicates new language: Rule 5.14(a)--No change. Rule 5.14(b)--No change. Commentary .01--.04--No change. .05 Agency orders to cross 25,000 shares or more at or within the prevailing quotation will be permitted to establish precedence without regard to priority of existing bids or offers at that price. Members will be allowed to better the proposed cross price, but in doing so shall be required to satisfy all other existing bids or offers at that price. For purposes of this Commentary .05, proprietary orders of members, member organizations, and non-member broker dealers shall not be considered ``agency.'' 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 1. Purpose The PSE is proposing to amend its rules regarding the execution of stock cross transactions (i.e., Rules 5.14(a) and 5.14(b)) by adding a new commentary to Rule 5.14(b). Proposed Commentary .05 will govern large agency crosses. Proposed Commentary .05. Proposed Commentary .05 is designed to permit the execution of ``clean'' agency crosses of 25,000 shares or more at or within the prevailing quotation without regard to the priority of existing bids or offers. As with the Rule 72(b) of the New York Stock Exchange (``NYSE'') and the Rule 126(g), Commentary .02, of the American Stock Exchange (``Amex''), this proposal to allow ``clean'' crosses is designed to facilitate the execution of agency cross transaction at the PSE. Although the proposal would allow such cross transactions to be executed without regard to priority of existing bids or offers, it will still specifically allow members an opportunity to better the price of the cross transaction. The PSE has also written this new rule with a specific limitation that it be allowed only for ``agency'' order, i.e. non-proprietary orders of members, member organizations and non-member broker/dealers. This approach to agency orders is consistent with that taken by the Amex and NYSE. It is designed to provide an environment for the facilitation of true agency crosses without giving an unfair advantage to the proprietary orders of members, member organizations or non- member broker/dealers over other orders being held in the specialist books. 2. Statutory Basis The Exchange believes that 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 facilitate transactions in securities, to promote just and equitable principles of trade, and to protect 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 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 the 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 NW., 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 at the Commission's Public Reference Section, 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 PSE. All submissions should refer to File No. SR-PSE-94-22 and should be submitted by November 15, 1994. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. 94-26436 Filed 10-24-94; 8:45 am] BILLING COCE 8010-01-M