[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)] [Notices] [Pages 42848-42849] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-20911] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-38894; File No. SR-Phlx-97-30] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing of Proposed Rule Change Relating to Doubling the Value for the Phlx Oil Service Index August 1, 1997. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ notice is hereby given that on June 27, 1997, the Philadelphia Stock Exchange Inc., (``Phlx'' 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 Phlx. On July 29, 1997, Phlx amended the proposed rule change (``Amendment No. 1'').\2\ 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). \2\ Letter from Nandita Yagnick, New Product Development, Phlx, to Margaret Blake, Division of Market Regulation, Commission (July 29, 1997). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Phlx proposes to change the index value for the Phlx Oil Service Index (``OSX'') by reducing the base market divisor to half of its current value.\3\ Options trading with the new index value (``new index options'') will trade with the current symbol OSX. The Exchange will convert the existing index options (``existing index options'' or ``OSB Options'') to the symbol OSB. The existing index options using the old index value will continue to trade until expiration or until no open interest remains, at which time the series will be delisted. The Exchange will not open any new series in the existing index options after the new index options begin trading. --------------------------------------------------------------------------- \3\ The prices, weightings and the divisor change for the Index are attached as Exhibit B to File No. SR-Phlx-97-30. --------------------------------------------------------------------------- II. Self-Regulatory Organization's Statement of the Purpose of, Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Phlx included statements concerning the purpose of an basis for the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. Phlx has prepared summaries, set forth in section 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 The Exchange began trading the OSX on February 24, 1997.\4\ The Index is a price-weighted industry index composed of 15 stocks involved in the oil service industry. In an effort to enhance the trading activity, OSX was initially indexed to a Value of $75.00 on December 31, 1996.\5\ Since the commencement of trading, the OSX has traded an average of 1000 contracts daily garnering steady volume and open interest. However, the exchange has received numerous comments from OSX [[Page 42849]] investors regarding the value of the existing index options. Phlx notes that OSX investors believe the value of the index ($101.46 as of July 16, 1997) is a detriment to attracting order flow, because, (1) hedgers are required to purchase (or sell) a larger number of options against a lower priced index thereby increasing transaction costs, and (2) given that the Index was priced to resemble a share of common stock, order flow is being lost to equity options on these individual issues due to their higher reflection of volatility. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 38207 (January 27, 1997), 62 FR 5268 (order approving the listing and trading of options and LEAPS on the Phlx Oil Service Index). \5\ Amendment No. 1 indicates that the index value was set at $75.00 as an experiment to attract order flow from the retail investment community. --------------------------------------------------------------------------- The purpose of this proposal is to allow the Exchange to offer for trading options on the Phlx Oil Service Index which has an index value twice the value of the current index. The proposed new index options would have the same contract specifications as the existing index options with the exception that the index value would be doubled.\6\ The new index options would trade under the current symbol OSX. The symbol for the existing index options would be changed to OSB. The new index would be subject to the same maintenance standards that were approved for the existing index in accordance with the generic maintenance standards set forth in Phlx Rule 1009A. --------------------------------------------------------------------------- \6\ Amendment No. 1 indicates that while doubling the price of the Index will not impact the volatility of the Index, it will serve to increase the absolute price movements of the Index. --------------------------------------------------------------------------- The Exchange will allow the OSB options to continue to trade until the listed series expire or no longer have open interest but trading will be limited to closing only transactions. No new options series of OSB options will be opened after the new index options begin trading. Options on OSX and options on OSB will not be fungible, however, positions will be aggregated for position limit and exercise limit purposes. The Exchange will provide notice to its membership and the public prior to the effectiveness of this filing by way of memoranda.\7\ --------------------------------------------------------------------------- \7\ Phlx will issue a circular to its membership one week prior to the effective date of the change, which will advise members of the increase in value of the OSX. Telephone conversation with Nandita Yagnick, Phlx, and Margaret Blake, Division of Market Regulation, Commission (July 31, 1997). --------------------------------------------------------------------------- Phlx believes that the proposed rule change is consistent with Section 6 of the Act \8\ in general, and in particular, with Section 6(b)(5),\9\ in that it is designed to promote just and equitable principles of trade, facilitate transactions in securities while protecting investors and the public interest. Specifically, the Exchange believes that providing a higher valued index will allow option traders and investors to take advantage of the higher volatility. In addition the Exchange believes that current OSX investors will not be disadvantaged by this proposal, because the Exchange will provide adequate notice and an orderly procedure, in order to phase out the existing index options which are currently trading. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f. \9\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Phlx does not believe that the proposed rule change will impose any inappropriate burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Comments were neither solicited nor received. 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 or such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Phlx 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. 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 in 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 Phlx. All submissions should refer to File No. SR-Phlx-97-30 and should be submitted by August 29, 1997. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\10\ --------------------------------------------------------------------------- \10\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 97-20911 Filed 8-7-97; 8:45 am] BILLING CODE 8010-01-M