[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Notices]
[Pages 54403-54406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26186]



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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-36380; File No. SR-PHLX-95-45]


Self-Regulatory Organizations; Notice of Filing of Proposed Rule 
Change by the Philadelphia Stock Exchange, Inc., Relating to Industry 
Index Option Hedge Exemption

October 17, 1995.
    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 
September 18, 1995, the Philadelphia Stock Exchange, Inc. (``PHLX'' 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.

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The PHLX proposes to amend PHLX Rule 1001A, ``Position Limits,'' to 
establish a hedge exemption from industry (narrow-based) index option 
position limits.\1\ Specifically, the PHLX proposes to exempt from 
position limits any position in an industry index option that is hedged 
by share positions in at least 75% of the number of component stocks of 
that index or securities convertible into such stock. Under the 
proposal, no position in an industry index option may exceed three 
times the narrow-based index option position specified in PHLX Rule 
1001A(b)(i) \2\ and the value of the index option position may not 
exceed the value of the underlying hedging portfolio. Exercise limits 
\3\ will continue to correspond to position limits, so that investors 
may exercise the number of contracts set forth as the position limit, 
as well as those contracts exempted by the proposal, during five 
consecutive business days. The proposed exemption will be available to 
firm and proprietary traders, as well as public customers.

    \1\ Position limits impose a ceiling on the number of option 
contracts which an investor or group of investors acting in concert 
may hold or write in each class of options on the same side of the 
market (i.e., aggregating long calls and short puts or long puts and 
short calls).
    \2\ PHLX Rule 1001A(b)(i) provides the following position limits 
for industry index options: 6,000 contracts if any single stock 
accounted, on average, for 30% or more of the index value during the 
30-day period preceding the review; 9,000 contracts if any single 
stock accounted, on average, for 20% or more of the index value or 
any five stocks together accounted, on average, for more than 50% of 
the index value, but no single stock in the group accounted on 
average, for 30% or more of the index value during the 30-day period 
preceding the review; or 12,000 contracts if none of the above 
conditions apply. See Securities Exchange Act Release No. 36194 
(September 6, 1995), 60 FR 47637 (order approving File No. SR-PHLX-
95-16) (increasing position limits for industry index options to 
6,000, 9,000, or 12,000 contracts).
    \3\ Exercise limits prohibit an investor or group of investors 
acting in concert from exercising more than a specified number of 
puts or calls in a particular class within five consecutive business 
days.
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    The text of the proposed rule change is available at the Office of 
the Secretary, PHLX, and at the Commission.

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

    The purpose of the proposed industry index option hedge exemption 
is to establish a provision parallel to the hedge exemptions for equity 
options and certain broad-based index options to permit certain hedged 
positions to exceed established position limit levels.\4\ In 1989, the 
Commission approved a hedge exemption for Utility Index options 
(``UTY'') on a pilot basis.\5\ At this time, the PHLX proposes to adopt 
an industry index hedge exemption applicable to all of the Exchange's 
industry index options.

    \4\ See PHLX Rule 1001, Commentary .07. See Securities Exchange 
Act Release No. 35738 (May 18, 1995), 60 FR 27573 (May 24, 1995) 
(File Nos. SR-AMEX-95-13, SR-CBOE-95-13, SR-NYSE-95-04, SR-PSE-95-
05, and SR-PHLX-95-10) (permanently approving hedge exemption pilot 
programs).
    \5\ See Securities Exchange Act Release No. 27486 (November 30, 
1989), 54 FR 50675 (December 8, 1989) (order approving File No. SR-
PHLX-89-27). The UTY hedge exemption was approved for a one-year 
pilot period, which ended on November 30, 1990.
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    Specifically, the PHLX proposes to adopt Commentary .02 to PHLX 
Rule 1001A to establish a narrow-based index option hedge exemption 
under which industry index option positions hedged in accordance with 
the proposal would be entitled to exceed existing narrow-based index 
option position limits by up to three times the limit.
    In order to qualify for the exemption, the industry index option 
position must be ``hedged'' by share positions in at least 75% of the 
number of component stocks of the index, or securities convertible into 
such stock.\6\ Under the proposed exemption, position limits for any 
hedged industry index option may not exceed three times the limits 
established under PHLX Rule 1001A(b)(i). In addition, the value of the 
index option position may not exceed the value of the underlying 
portfolio employed as the hedge. The value of the underlying portfolio 
is determined as follows: (1) The total market value of the net stock 
position, less (2) the value of: (a) the notional value \7\ of any 
offsetting 

[[Page 54404]]
calls and puts in the respective index option class; and (b) the 
notional value of any offsetting positions in stock index futures.

    \6\ The PHLX permits the use of convertible securities in its 
equity option hedge exemption. See Securities Exchange Act Release 
No. 32174 (April 20, 1993), 58 FR 25687 (April 27, 1993) (order 
approving File No. SR-PHLX-92-22). Similarly, other options exchange 
permit the use of convertible securities in broad-based index hedge 
exemptions. See Securities Exchange Act Release No. 35738, supra 
note 4.
    \7\ Notional values are determined by adding the number of 
contracts and multiplying the total by the multiplier, expressing 
that number in dollar terms.
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    The proposed exemption requires that both the options and stock 
positions be initiated and liquidated in an orderly manner. 
Specifically, a reduction of the options position must occur at or 
before the corresponding reduction in the stock portfolio position.
    Under the proposal, exercise limits will continue to correspond to 
position limits; accordingly, investors may exercise during five 
consecutive business days the number of contracts set forth in the 
position limit as well as those contracts exempted by the proposal.
    The PHLX notes that a broad-based (market) index option hedge 
exemption is in place on other options exchanges. The Commission 
recently granted permanent approval to several broad-based index option 
hedge exemptions.\8\ Generally, the broad-based index option hedge 
exemptions allow public customers to apply for position limit 
exemptions in broad-based index options that are hedged with exchange-
approved qualified stock portfolios. A qualified portfolio is comprised 
of net long or short positions in common stocks or securities readily 
convertible into common stocks in at least four industry groups and 
contains at least 20 stocks, none of which accounts for more than 15% 
of the value of the portfolio. To remain qualified, a portfolio must 
meet these standards at all times, regardless of trading activity in 
the stocks.

    \8\ See Securities Exchange Act Release No. 35738, supra note 4.
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    The PHLX notes that the Chicago Board Options Exchange's (``CBOE'') 
broad-based index option hedge exemption, contained in Interpretation 
and Policy .01 to CBOE Rule 24.4, ``Position Limits for Broad-Based 
Index Options.'' applies to public customers holding positions in 
broad-based index options other than a.m.-settled, European-style 
Standard & Poor's (``S&P'') 500 Index options and Quarterly Index 
Expirations (``QIXs'') and Capped-Style QIXs (``Q-CAPS'') on the S&P 
500 Index. Under Interpretation and Policy .01, exempted positions may 
not exceed 75,000 same-side of the market options,\9\ except as 
otherwise provided in CBOE Rule 24.4, Interpretation and Policies .02 
and .03, and except that exempted combined positions in options on the 
S&P/Barra Value Index and S&P/Barra Growth Index may not exceed 225,000 
same-side of the market option contracts.\10\

    \9\ Under CBOE Rule 24.4(a), the position limit for broad-based 
index options, other than Russell 2000 Index options and S&P/Barra 
Growth Index and S&P/Barra Value Index options, is 25,000 contracts. 
CBOE Rules 24.4 (b), (c), and (d) contain separate position limit 
provisions for a.m.-settled, European-style options on the S&P 500 
Index (``SPX'') and QIXs and Q-CAPS on the SPX, QIXs and Q-CAPS on 
the S&P 100 Index (``OEX''), and QIXs on the Russell 2000 Index.
    \10\ CBOE Rule 24.4, Interpretation and Policy .02 provides a 
hedge exemption for certain positions in a.m.-settled, European-
style S&P 500 Index options and QIXs and Q-CAPS on the S&P 500 
Index. Specifically, Interpretation and Policy .02(d) provides that 
a customer's exempted position may not exceed 150,000 same-side of 
the market contracts in a.m.-settled S&P 500 index options and QIXs 
and Q-CAPS on the S&P 500 Index. Interpretation and Policy .02(b) 
states that a money manger shall not hold in its aggregated accounts 
more than 250,000 exempted same-side of the market options or, for 
any single account, more than 135,000 exempted same-side of the 
market option contracts.
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    In addition, the PHLX notes that Commentary .01 to American Stock 
Exchange, Inc. (``Amex'') Rule 904C, ``Position Limits,'' provides a 
broad-based index option position limit exemption for public customers 
who satisfy the criteria established by the Amex.\11\

    \11\ In addition, Amex Rule 904C, Commentary .02 provides a 
facilitation exemption for Institutional Index and MidCap Index 
options up to 100,000 and 75,000 contracts, respectively.
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    In light of the PHLX's experience with the equity option hedge 
exemption, as well as a review of the rules of the other options 
exchanges, the PHLX believes that the proposed hedge exemption for 
industry index options is appropriate. The PHLX also believes that the 
proposed conditions for granting such an exemption are reasonable and 
in line with prior Commission-approved provisions. With respect to 
choosing a minimum number of stocks from the index to qualify the 
portfolio for the hedge, the PHLX believes that a percentage, as 
opposed to a fixed number, is necessary in view of the varying numbers 
of stocks in PHLX-traded industry indexes.\12\ Currently, the PHLX 
trades the following six industry index options: \13\

    \12\ In the case of UTY options, the PHLX notes that the 
proposed 75% figure amounts to 15 stocks, rather than the 10 stocks 
required under the UTY hedge exemption pilot program. See Securities 
Exchange Act Release No. 27486, supra note.
    \13\ In addition, a proposal to list options on the Forest and 
Paper Products Index was effective upon filing. See Securities 
Exchange Act Release No. 36193 (September 6, 1995), 60 FR 47635 
(September 13, 1995) (File No. SR-PHLX-95-56).
    \14\ The Commission recently approved a proposal to increase the 
position and exercise limits for industry index options from 5,500, 
7,500, or 10,500 contracts to 6,000, 9,000, or 12,000 contracts. See 
Securities Exchange Act Release No. 36194, supra note 2.

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                Index                       Symbol               Number                Position limit \14\      
----------------------------------------------------------------------------------------------------------------
KBW/Bank Index......................  BKX                20 stocks.............  12,000 contracts.              
Gold/Silver Index...................  XAU                9 stocks..............  6,000 contracts.               
Utility Index.......................  UTY                20 stocks.............  12,000 contracts.              
PNX Index...........................  PNX                8 stocks..............  6,000 contracts.               
Semiconductor.......................  SOX                16 stocks.............  9,000 contracts.               
Airplan Index.......................  PLN                12 stocks.............  12,000 contracts.              
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    The PHLX realizes that some of the narrow-based index options trade 
more actively than others and the corresponding need for a position 
limit exemption is thus more extensive in the more actively traded 
index options. Nevertheless, in lieu of adopting separate exemption 
provisions for each index option, the PHLX believes that a uniform 
provision is less confusing to investors, more easily administered, and 
more fair to an investing community whose interest in any given index 
is apt to change from time to time.
    According to the PHLX, recent total trading volume for both narrow- 
and broad-based indexes traded on the PHLX has increased markedly. The 
PHLX states that in 1994, trading volume increased five-fold over 1993, 
from 354,614 contracts to 1,957,171 contracts. In 1995, trading volume 
has remained steady with over 1,000,000 contracts traded from January 
through May. The PHLX attributes the recent growth in trading and open 
interest in these products to institutional trading, which, according 
to the PHLX, is typically hedged by baskets of the underlying stocks.
    The PHLX proposes to exempt positions in narrow-based index options 
up to three times the established position in a manner which balances 
the hedging needs of index option traders with the Exchange's 
obligation to 

[[Page 54405]]
maintain a fair and orderly market. The PHLX believes that a hedge 
exemption up to 31,500 contracts for UTY options would considerably 
enhance the attractiveness of the product for institutional traders, 
who would, in turn, trade more of the product in a hedged manner and 
thereby provide stabilizing liquidity in both the index option and the 
underlying securities. According to the PHLX, the hedge exemption for 
OEX options, which permits public customers to hold positions in up to 
75,000 contracts (three times the regular position limit),\15\ serves 
as a significant liquidity provider in that product.

    \15\ See CBOE Rule 24.4(a) and Interpretation and Policy .01.
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    Although the UTY hedge exemption pilot program applied only to 
customers, the PHLX believes that it is appropriate and necessary to 
expand the availability of the proposed exemption beyond public 
customers.\16\ The PHLX believes that significant increases in the 
depth and liquidity of the market for these index options could result 
from permitting firm and proprietary traders to be eligible for the 
exemption. According to the PHLX, because customers rely, for the most 
part, on a limited number of proprietary traders to facilitate large-
sized orders, not including such traders in the exemption effectively 
reduces the benefit of the exemption to customers. While large-sized 
positions in industry index options are most commonly initiated by 
institutional traders hedging stock portfolios on behalf of public 
customers, the PHLX believes that proprietary traders should be 
afforded the same exemptions so that they may fulfill their role as 
facilitators.

    \16\ The Commission notes that the current hedge exemptions for 
broad-based index options apply solely to public customers.
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    The PHLX believes that the hedge exemption provision is necessary 
to better meet the needs of investors who would use PHLX industry index 
options for investment and hedging purposes. For example, with the 
current position limit at 6,000 contracts and the Gold/Silver Index at 
120, this position would have an index value of $72,000,000. However, 
the PHLX states that many institutional traders and portfolio managers 
deal in dollar amounts much greater than permissible under current 
position limit levels and have expressed that Exchange position limits 
hamper their ability to fully utilize Exchange index options. As a 
result, the PHLX believes that many index options are ineffective for 
such traders, who often turn to futures instruments where ample relief 
is readily available.\17\ Thus, the PHLX believes that the proposed 
hedge exemption should alleviate the situation where investors with 
substantial hedging needs are discouraged currently from participation 
in the options markets by existing position limits.

    \17\ The Commission has noted that under the rules promulgated 
by the Commodity Futures Trading Commission, futures positions that 
are deemed to be bona fide hedging transactions (as defined) are 
exempted from position limit rules. See Securities Exchange Act 
Release No. 25739 (May 24, 1988), 53 FR 20204 (June 2, 1988) (order 
approving File No. SR-CBOE-87-25).
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    The PHLX believes that the proposed narrow-based index option hedge 
exemption should not increase the potential for disruption or 
manipulation in the markets for the stocks underlying each index. The 
PHLX notes that the position limits for industry index options, even 
tripled, are far less than the position limits for most broad-based 
index options.\18\ In this regard, the proposal incorporates several 
surveillance safeguards, which the PHLX will employ to monitor the use 
of this exemption. Specifically, the Exchange will require that a form 
be filed by member firms and their customers who seek hedge exemptions, 
in lieu of granting an automatic exemption. The Exchange's Market 
Surveillance Department will monitor trading activity in PHLX-traded 
index options and the stocks underlying those indexes to detect 
potential front running and manipulation abuses, as well as review to 
ensure that closing positions subject to an exemption is conducted in a 
fair and orderly manner.

    \18\ The position limit for the PHLX-traded Value Line Composite 
Index options is 25,000 contracts. See PHLX Rule 1001A(a). The 
position limit for Major Market Index options is 34,000 contracts. 
See Amex Rule 904C(b). The position limit for OEX options is 25,000 
contracts, and the position limit for SPX options is 45,000 
contracts. See CBOE Rule 24.4 (a) and (b).
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    And lastly, the PHLX notes that the provision itself contains 
several built-in safeguards. First, the hedge must consist of a 
position in at least 75% of the stocks underlying the index. Thus, the 
``basket'' of stocks constituting the hedge resembles the underlying 
index.\19\ Secondly, position limits under the proposal may not exceed 
three times the limits established under PHLX Rule 1001A(b)(i). This 
places a ceiling on the maximum size of the option position. The PHLX 
notes that an exemption of up to three times the limit is similar to 
that of the CBOE for OEX options.\20\ Third, both the options and stock 
positions must be initiated and liquidated in an orderly manner, 
meaning that a reduction of the options position must occur at or 
before the corresponding reduction in the stock portfolio position. 
Lastly, the value of the industry index option position cannot exceed 
the dollar value of the underlying portfolio. The purpose of this 
requirement is to further ensure that stock transactions are not used 
to manipulate the market in a manner benefiting the option position. In 
addition, these safeguards prevent the increased positions from being 
used in a leveraged manner.

    \19\ To determine the share amount of each component required to 
hedge an index option position: index value  x  index multiplier  x  
component's weighing = dollar amount of component. That amount 
divided by price = number of shares of component. Conversely, to 
determine how many options can be purchased based on a certain 
portfolio, divide the dollar amount of the basket by the index value 
 x  index multiplier.
    \20\ See CBOE Rule 24.4(a).
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    For the above reasons, the PHLX believes that the proposed industry 
index hedge exemption should increase the depth and liquidity of the 
markets for narrow-based index options and allow more effective hedging 
with underlying stock portfolios without increasing the potential for 
market manipulation or disruption, consistent with the purposes of 
position limits. For the same reasons, the Exchange believes that 
exercise limits should correspond to the position limit exemption 
granted by this proposal. The Exchange notes that the rules of other 
options exchanges provide a hedge exemption from exercise limits as 
well.\21\

    \21\ See Securities Exchange Act Release No. 35738, supra note 
4.
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    Accordingly, the Exchange believes that the proposal is consistent 
with Section 6 of the Act, in general, and, in particular, with Section 
6(b)(5), in that it is designed 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 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

    No written comments were either received or requested.

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 

[[Page 54406]]
longer period to be appropriate and publishes its reason for so finding 
or (ii) as to which the self-regulatory organization 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, NW., Washington, DC 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, NW., 
Washington, DC. Copies of such filing will also be available for 
inspection and copying at the principal office of the above-mentioned 
self-regulatory organization. All submissions should refer to the file 
number in the caption above and should be submitted by November 13, 
1995.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\22\

    \22\ 17 CFR 200.30-3(a)(12) (1994).
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Margaret M. McFarland,
Deputy Secretary.
[FR Doc. 95-26186 Filed 10-20-95; 8:45 am]
BILLING CODE 8010-01-M