[Federal Register Volume 62, Number 122 (Wednesday, June 25, 1997)] [Notices] [Pages 34336-34337] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-16576] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-38745; File No. SR-NYSE-97-21] Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by the New York Stock Exchange, Inc. Relating to Trading Differentials for Equity Securities June 18, 1997. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''), \1\ notice is hereby given that on June 16, 1997, the New York Stock Exchange, Inc. (``NYSE'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change consists of amendments to Exchange Rules 62, 95.30, 118, 127 and 440B to provide flexibility in determining minimum trading variations.\2\ --------------------------------------------------------------------------- \2\ This proposal seeks permanent approval of the procedures contained in File No. SR-NYSE-97-20. Securities Exchange Act Release No. 34-38744 (June 18, 1997) (granting temporary accelerated approval). --------------------------------------------------------------------------- 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 Exchange Rule 62 currently provides fixed minimum trading variations for stocks traded on the Exchange. For example, the rule currently states that ``Bids or offers in stocks above one dollar per share shall not be made at a less variation than \1/8\ of one dollar per share.'' In order to provide greater flexibility to adjust trading variations as may be appropriate, the Exchange is proposing to amend Rule 62 so that the minimum trading variation may be changed from time to time. This increased flexibility would allow the Exchange to determine trading variations on an expedited basis, without undergoing the delays inherent in the regulatory approval process. This would put the Exchange in a comparable regulatory position with respect to minimum trading variations with other exchanges which are able to change variations at any time. In addition, the amendment to Rule 62 will provide flexibility so that the Exchange could permit its members to trade at increments smaller than NYSE-established trade variations in order to match other markets' bids or offers for the purpose of preventing Intermarket Trading System (``ITS'') trade-throughs. For example, assume that the established minimum trading variation is one-sixteenth of a dollar, and the best bid on the Exchange for a particular stock is 10, but there is a bid for that stock on the ITS AT 10\1/32\. The Exchange specialist, or broker in the Crowd with a ``not held'' order, could execute a marketable limit order or market order to sell at 10\1/32\ in order to match the ITS bid. However, the specialist could not accept an order with a limit of 10\1/32\ since it is not the minimum variation at which trading is effected on the Exchange. The Exchange intends initially to set a minimum variation of one- sixteenth of one dollar. In addition to Rule 62, several other Exchange rules incorporate specific references to minimum trading variations. These rules, viz., Rule 95.30, Rule 118, Rule 127, and Rule 440B, would be amended to remove references to specific minimum trading variations of one-eighth of one dollar. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with Section [[Page 34337]] 6(b) \3\ of the Act in general and furthers the objectives of Section 6(b)(5) \4\ in particular in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \3\ 15 U.S.C. 78f(b). \4\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- 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 The Exchange has neither solicited nor received written comments. 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, N.W., 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 Room, 450 Fifth Street, N.W., Washington, D.C. 20549. Also, copies of such filing will be available for inspection and copying at the principal office of the NYSE. All submissions should refer to File No. SR-NYSE-97-21 and should be submitted by July 16, 1997. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\5\ --------------------------------------------------------------------------- \5\ 17 C.F.R. 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 97-16576 Filed 6-24-97; 8:45 am] BILLING CODE 8010-01-M