[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)] [Notices] [Pages 70170-70172] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-33557] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 40785; File No. SR-BSE-98-10] Self-Regulatory Organizations; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change by the Boston Stock Exchange, Inc. Relating to Its Trading Floor Post and Telecommunications Room Policies December 11, 1998. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ notice is hereby given that on November 20, 1998, the Boston Stock Exchange, Inc. (``BSE'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission''), the proposed rule change as described in Items I and II and below, which items have been prepared by the BSE. The Commission is publishing this notice [[Page 70171]] and order to solicit comments on the proposed rule change from interested persons and to approve the proposal on an accelerated basis. --------------------------------------------------------------------------- \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 Exchange seeks to adopt written policies and procedures to address certain issues related to the Exchange's scheduled move to its new trading floor (``Floor'') \2\ to control access to secure areas and to give jurisdiction over posts to the Floor Facilities Committee (``Committee''). --------------------------------------------------------------------------- \2\ The Exchange is scheduled to move to its new Floor on January 4, 1998. --------------------------------------------------------------------------- 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 BSE 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 V below. The BSE 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 purpose of the proposed rule change is to amend the Exchange's Floor policies with respect to post assignment and telecommunications room (``Comm Room'') access in anticipation of the Exchange's scheduled move. These changes are generally intended to address administrative issues regarding space needs for members and equipment, as well as security issues. The proposed rule gives the Committee jurisdiction over the assignment and appearance of posts, and further provides that (1) any post relocation or alteration of any post requires the prior consent of the Committee; (2) the Committee may relocate a member firm to another area of the Floor to accommodate the space needs of the Exchange; (3) the Committee will determine which posts will be vacated when a firm seeks to relinquish a portion of its existing posts; (4) a member firm is prohibited from utilizing an unassigned post for any purpose without the prior approval of the Exchange; (5) any unauthorized use of a vacant post(s) will result in the immediate removal of all equipment and materials at the expense of the member; (6) the storage of all member firm tickets, reports and other materials must be within the cabinets provided by the Exchange, at the Exchange's warehouse, or in such other area as designated by the Exchange; (7) the storage of materials in an unauthorized area of the Floor will result in the immediate removal of that material to the warehouse, with all costs paid by the member firm; (8) no member firm shall place or install any personal equipment (i.e., computers, file cabinets, chairs, bulletin boards, tables, shelves, desks) without the prior consent of the Exchange; and (9) any unauthorized equipment will be immediately removed at the expense of the member firm. In addition, the proposed rule change seeks to define and limit access to the Comm Room and the Floor for security reasons. It requires that (1) member firms must obtain a permit number from the Exchange prior to any installation or servicing of hardware or telecommunications equipment; (2) any service call made by a member firm for repairs to equipment or lines must be reported to the Exchange, and no vendor will be permitted to access the Comm Room or the Floor without prior notification to the Exchange and accompaniment by an authorized Exchange staff member or floor member; and (3) any equipment removal from any Exchange location must be accompanied by a property removal pass issued by an authorized Exchange staff member. 2. Statutory Basis The Exchange believes the filing is consistent with and furthers the objectives of Section 6(b)(5) of the Act \3\ and the rules and regulations thereunder applicable to a national securities exchange, in that it is designed to facilitate securities transactions and to remove impediments to and perfect the mechanism of a free and open market; and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \3\ 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. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange did not solicit or receive comments with respect to the proposed rule change. III. Discussion The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange and, in particular, the requirements of Section 6 of the Act \4\ and the rules and regulations thereunder. Section 6(b)(5) \5\ of the Act states that the rules of an exchange must be designed to foster cooperation and coordination with persons engaged regulating, clearing, settling, processing information with respect to, and facilitating securities transactions. These rules also must help to remove impediments to and perfect the mechanism of a free and open market. The Commission believes the proposed Post and Comm Room Rules are consistent with this provision of the Act in that they will facilitate the Exchange's move to its new Floor and minimize disruptions in trading that may result from such move. Specifically, the Commission believes that the proposed Post Rules will enable the Exchange to function in a more orderly fashion by providing the Committee with the authority to assign and relocate members to post locations on the trading floor and by requiring members to obtain the Exchange's prior consent prior to placing equipment at post. The Commission also believes that the proposed Comm Room Rules, which limit access to the Comm Room and the Floor and require a permit from the Exchange prior to the installations or removal of any telecommunications equipment, will adequately provide security to the Exchange's Floor and Comm Room and permit the Exchange to prepare for any disruptions that may occur during installation or removal of equipment. --------------------------------------------------------------------------- \4\ 15 U.S.C. 78f(b). \5\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- IV. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Pursuant to Section 19(b)(2) of the Act,\6\ the Commission finds good cause for approving the proposed rule change prior to the 30th day after the date of publication of notice of filing thereof in the Federal Register because the [[Page 70172]] Commission believes that accelerated approval will enable the Exchange to move to its new Floor with minimal disruptions in trading.\7\ --------------------------------------------------------------------------- \6\ 15 U.S.C. 78s(b)(2). \7\ In reviewing this proposal, the Commission has considered its impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). --------------------------------------------------------------------------- V. 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. 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 submissions, 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 in Washington, D.C. Copies of such filing will also be available for inspection and copying at the principal office at the above-mentioned self-regulatory organization. All submissions should refer to File No. BSE-98-10 and should be submitted by January 8, 1999. VI. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act,\8\ that the proposed rule change (SR-BSE-98-10), hereby is approved on an accelerated basis. \8\ 15 U.S.C. 78s(b)(2). --------------------------------------------------------------------------- For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\9\ --------------------------------------------------------------------------- \9\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 98-33557 Filed 12-17-98; 8:45 am] BILLING CODE 8010-01-M