80_FR_9531 80 FR 9496 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Adopting New Rule 124 to Conduct a Midday Auction and Amending Rule 104 to Codify the Obligation of Designated Market Makers to Facilitate the Midday Auction

80 FR 9496 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Adopting New Rule 124 to Conduct a Midday Auction and Amending Rule 104 to Codify the Obligation of Designated Market Makers to Facilitate the Midday Auction

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 35 (February 23, 2015)

Page Range9496-9499
FR Document2015-03537

Federal Register, Volume 80 Issue 35 (Monday, February 23, 2015)
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Notices]
[Pages 9496-9499]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03537]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74281; File No. SR-NYSE-2015-06]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing of Proposed Rule Change Adopting New Rule 124 to 
Conduct a Midday Auction and Amending Rule 104 to Codify the Obligation 
of Designated Market Makers to Facilitate the Midday Auction

February 17, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that on February 2, 2015, New York Stock Exchange LLC (``NYSE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II 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).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to adopt new Rule 124 to conduct a daily 
single-priced auction at a specified time in lower-volume securities 
(``Midday Auction'') and amend Rule 104 to codify the obligation of 
Designated Market Makers (``DMM'') to facilitate the Midday Auction. 
The text of the proposed rule change is available on the Exchange's Web 
site at www.nyse.com, at the principal office of the Exchange, and at 
the Commission's Public Reference Room.

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 those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to adopt new Rule 124 to conduct a daily 
Midday Auction and amend Rule 104 to reflect that the DMM's obligation 
to facilitate reopenings includes the Midday Auction.
    The Exchange proposes to adopt new Rule 124 to conduct a Midday 
Auction in a subset of NYSE-listed securities that have a consolidated 
average daily trading volume (``CADV'') of 1,000,000 shares or less and 
have been designated by the Exchange (the ``Midday Auction Stocks''). 
The Midday Auction is intended to consolidate volume, including orders 
of larger blocks of stock, for price discovery purposes in lower-volume 
securities to provide market participants with a single-priced 
execution intraday to supplement the existing opening and closing 
auctions.\4\ The Exchange believes the proposed parameters for which 
stocks would be eligible to participate is reasonably designed to 
include those stocks that would benefit from such price discovery. The 
Exchange further believes that providing the Exchange with the ability 
to designate which stocks within those parameters are eligible for the 
Midday Auction is appropriate because it would provide the Exchange 
with the ability to add or remove stocks depending on the individual 
trading characteristics of a stock. As proposed, the Exchange would 
update the list of Midday Auction Stocks at least quarterly.\5\
---------------------------------------------------------------------------

    \4\ The Exchange notes that NYSE-listed securities with a CADV 
of 1,000,000 shares or less represent approximately 16 percent of 
the consolidated volume of all NYSE-listed securities.
    \5\ See Proposed Rule 124(a)(1).
---------------------------------------------------------------------------

    The Exchange proposes to conduct one Midday Auction in each Midday 
Auction Stock per trading day.\6\ The Midday Auction would not be 
conducted on trading days the Exchange is scheduled to close before 
4:00 p.m. ET or if the security is halted, paused, suspended, or not 
opened for trading at the time of the Midday Auction.\7\ For example, 
if during the pause preceding the Midday Auction (described below), a 
pause pursuant to the Plan to Address Extraordinary Market Volatility 
(``LULD Plan'') \8\ or regulatory halt were triggered, the Exchange 
would not conduct a Midday Auction and instead would reopen the 
security pursuant to the procedures for reopening following a LULD Plan 
pause or regulatory halt.
---------------------------------------------------------------------------

    \6\ See Proposed Rule 124(a)(3).
    \7\ See Proposed Rule 124(a)(2).
    \8\ See Securities Exchange Act Release No. 67091 (May 31, 
2012), 77 FR 33498 (June 6, 2012) (File no. 4-631).
---------------------------------------------------------------------------

    Beginning at a time specified by the Exchange between 11 a.m. ET 
and 2 p.m. ET,\9\ the Exchange would pause trading on the Exchange only 
in the Midday Auction Stocks for five minutes in order to provide 
market participants with an opportunity to enter interest intended for 
the auction (the ``Midday Auction Pause'').\10\ During the Midday 
Auction Pause, the Exchange would suspend automatic executions and 
publish a zero quote on both the public and proprietary data feeds.\11\
---------------------------------------------------------------------------

    \9\ The Exchange proposes to specify the time of the Midday 
Auction Pause by Trader Update.
    \10\ See Proposed Rule 124(b). Under Rule 104(a)(1)(B)(ii), the 
DMM's quoting obligations are suspended during a trading pause and 
do not re-commence until after the first regular way transaction on 
the primary listing market in the security following such pause. The 
Exchange believes that DMMs would also be relieved of their quoting 
obligations pursuant to Rule 104(a)(1)(B)(ii) during the Midday 
Auction Pause.
    \11\ See id. Because the Midday Auction would be intended to 
occur daily at the same time in specified securities, the Exchange 
believes that the publication of a zero quote condition would signal 
to the market that the Midday Auction Pause has begun. The Exchange 
therefore does not propose, nor does it believe it necessary, to 
disseminate an indication over the Consolidated Quote System or 
Consolidated Tape that a security is in a Midday Auction Pause.

---------------------------------------------------------------------------

[[Page 9497]]

    In order to maximize the interest eligible to participate in the 
Midday Auction, during the Midday Auction Pause, the Exchange would 
maintain resting orders on the Exchange's book that are eligible to 
participate in a reopening.\12\ The Exchange would also accept new 
orders that are eligible to participate in the Midday Auction.\13\ The 
Exchange notes that Market-on-Open (``MOO'') and Limit-on-Open 
(``LOO'') Orders, which are existing order types available for openings 
and reopenings, would be accepted during the Midday Auction Pause. The 
Exchange would also accept and process cancellations of new and resting 
orders during the Midday Auction Pause,\14\ which is how the Exchange 
processes orders during a trading halt or LULD Plan pause.
---------------------------------------------------------------------------

    \12\ See Proposed Rule 124(b)(1).
    \13\ See Proposed Rule 124(b)(2).
    \14\ See Proposed Rule 124(b)(3).
---------------------------------------------------------------------------

    Because a Midday Auction Stock would be paused on the Exchange 
only, during the Midday Auction Pause, the Exchange proposes to 
continue re-pricing sell short orders, including MOO and LOO Orders, 
consistent with Rule 440B(e) (Short Sales).\15\ The Exchange also 
proposes to continuously re-price and/or cancel orders, including MOO 
and LOO Orders, consistent with Rule 80C(a)(5).\16\ In addition, in 
order to attract contra-side interest, during a Midday Auction Pause, 
the Exchange would publish Order Imbalance Information as defined in 
Rule 15(c) \17\ approximately every five seconds.\18\
---------------------------------------------------------------------------

    \15\ See Proposed Rule 124(b)(4).
    \16\ See Proposed Rule 124(b)(5).
    \17\ Order Imbalance Information reflects real-time order 
imbalances that accumulate prior to the opening or reopening 
transaction on the Exchange and the price at which interest eligible 
to participate in an opening or reopening transaction may be 
executed in full. Order Imbalance Information disseminated pursuant 
to Rule 15(c) includes all interest eligible for execution in the 
opening or reopening transaction of a security in Exchange systems. 
See Rule 15(c)(1).
    \18\ See Proposed Rule 124(b)(6).
---------------------------------------------------------------------------

    At the end of the Midday Auction Pause, the Exchange proposes to 
conduct the Midday Auction by reopening the Midday Auction Stocks at a 
single equilibrium price in the same manner as in Rule 123D (Openings 
and Halts in Trading) for reopenings, with two exceptions. Accordingly, 
as with reopenings following a regulatory halt or LULD Plan pause, the 
DMM registered in the security would be responsible for facilitating 
the Midday Auction in a manner similar to how an opening or reopening 
would be conducted. This includes the DMM supplying liquidity as 
needed, as provided for in Rule 104(a)(2), and conducting the Midday 
Auction either manually or electronically, as provided for in Rule 
123D(1).\19\ Rule 104(a)(2) sets forth the DMM's obligation to 
facilitate openings and reopenings for each of the securities in which 
the DMM is registered as required under Exchange rules, which may 
include providing liquidity as needed. To specify that the DMM has a 
similar obligation for the Midday Auction, the Exchange proposes to 
amend Rule 104(a)(2) by adding the clause ``including the Midday 
Auction'' following ``reopenings.''
---------------------------------------------------------------------------

    \19\ See Proposed Rule 124(c).
---------------------------------------------------------------------------

    The first proposed exception to Rule 123D is based on the manner 
that the Exchange reopens securities following a LULD Plan pause, as 
set forth in Rule 80C(b)(2)(A). As currently the case for reopenings 
pursuant to Rule 80C(b)(2)(A), the Exchange proposes that for Midday 
Auctions, indications may be published to the Consolidated Tape, but 
they are not required. In addition, prior Floor Official approval is 
not required and if an indication is published, it would not need to be 
updated before the Midday Auction and the Midday Auction may occur 
outside of any prior indication. Moreover, a Midday Auction would not 
be subject to the requirements that (i) a minimum of three minutes must 
elapse between the first indication and the Midday Auction, or (ii) if 
more than one indication is published, a minimum of one minute must 
elapse before the Midday Auction.\20\
---------------------------------------------------------------------------

    \20\ See Proposed Rule 123(c)(1).
---------------------------------------------------------------------------

    The second proposed exception to Rule 123D would be that the Midday 
Auction would not execute at a price outside of the LULD Price Bands, 
as provided for in Rule 80C(a)(4).\21\ Although the LULD Plan provides 
that reopenings are not subject to the Plan,\22\ the Exchange believes 
that because trading in Midday Auction Stocks would be continuing on 
other markets, the Midday Auction should execute consistent with the 
Price Bands in effect at the time of the Midday Auction. As noted 
above, to facilitate a Midday Auction priced consistent with the LULD 
Price Bands, the Exchange would be re-pricing both market and limit 
interest that is eligible to participate in the Midday Auction.
---------------------------------------------------------------------------

    \21\ See Proposed Rule 124(c)(2). The Exchange will be 
submitting separately a request for exemptive relief pursuant to 
Rule 611(d) of Regulation NMS that the Midday Auction be exempted 
from the requirements of Rule 611 of Regulation NMS, 17 CFR 242.600 
et seq., because it operates, in substance, in the same way as a 
single-priced reopening transaction, which is an existing exception 
to the Order Protection Rule under Rule 611(b)(3).
    \22\ See LULD Plan, supra note 8 at section VI(A)(1).
---------------------------------------------------------------------------

    Because the Midday Auction is intended to be conducted the same as 
a reopening pursuant to Rule 123D (except as provided for in the two 
exceptions), the Exchange proposes to specify that orders would 
participate in the Midday Auction in the same manner that such orders 
would participate in openings or reopenings. The Exchange further 
proposes to specify that orders that are not eligible to participate in 
openings or reopenings pursuant to Exchange rule would not participate 
in the Midday Auction.\23\
---------------------------------------------------------------------------

    \23\ See Proposed Rule 124(d).
---------------------------------------------------------------------------

    Generally, the Exchange expects that DMMs would facilitate the 
Midday Auction electronically as close to the end of the Midday Auction 
Pause as feasible. However, if there is a significant imbalance or 
Floor broker crowd interest, the DMM would have the ability, as is the 
case today with all Exchange auctions, to manually conduct the Midday 
Auction to provide greater opportunity for equilibrium in any imbalance 
of orders. The Exchange proposes that if there is a significant 
imbalance in a Midday Auction Stock at the end of the Midday Auction 
Pause, with the approval of a Floor Governor or two Floor Officials, 
the Midday Auction Pause may be converted to an order imbalance 
halt.\24\ In practice, this would provide the DMMs with flexibility to 
conduct a Midday Auction manually, but convert to an order imbalance 
halt if attracting offsetting interest would delay the Midday Auction. 
The benefit of converting to an order imbalance halt is that it would 
signal to the public that there is an order imbalance in a symbol, and 
provide the DMM with the ability to reopen the security pursuant to 
Rule 123D, without either of the above-described exceptions applicable 
to the Midday Auction.\25\ In such case, the reopening would not be 
subject to the LULD Price Bands, and as proposed, orders re-priced 
pursuant to proposed Rule 124(b)(6) would be re-filed according to the 
original order instructions and the security would be

[[Page 9498]]

reopened pursuant to the procedures set forth in Rule 123D.\26\
---------------------------------------------------------------------------

    \24\ See Proposed Rule 123(e). The Exchange notes that the 
current procedure for invoking a trading halt requires the approval 
of a Floor Governor or two Floor Officials. See Rule 123D(1) (``Once 
trading has commenced, trading may only be halted with the approval 
of a Floor Governor or two Floor Officials.'')
    \25\ The Exchange notes that when it halts a security for an 
order imbalance halt, which is a non-regulatory halt, the Exchange 
disseminates via the public data feeds that a symbol is subject to 
an order imbalance halt. See Consolidated Tape System CTS Output 
Multicast Interface Specification, at 95, 141, and 142, available at 
https://www.ctaplan.com/.
    \26\ See Proposed Rule 124(e).
---------------------------------------------------------------------------

    Because of the technology changes associated with the proposed rule 
change, the Exchange proposes to announce the implementation date via 
Trader Update.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with section 6(b) of the Act,\27\ in general, and furthers the 
objectives of section 6(b)(5) of the Act,\28\ in particular, because it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to, and 
perfect the mechanisms of, a free and open market and a national market 
system and, in general, to protect investors and the public interest 
and because it is not designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78f(b).
    \28\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed Midday Auction would 
perfect the mechanism of a free and open market and a national market 
system and, in general, protect investors and the public interest 
because it would provide opportunity for price discovery and an intra-
day execution for thinly-traded securities. More specifically, the 
Exchange believes that the proposed Midday Auction would provide 
investors with an intra-day price discovery mechanism during which 
potential trading volumes may be consolidated, thereby providing more 
certainty of an execution opportunity during the trading day. In 
addition, because volume would be consolidated for the auction, 
investors with large blocks of stock could use the Midday Auction to 
execute those orders without impacting the price of the stock, which 
could occur if a large order were entered during continuous, intra-day 
trading. As proposed, the Exchange would make the Midday Auction 
available for Exchange-listed securities with a CADV of 1,000,000 
shares or less, which represent approximately 16% of all NYSE-listed 
securities by consolidated volume, and that have been designated by the 
Exchange. The Exchange believes that making the Midday Auction 
available for symbols with a CADV of 1,000,000 shares or less is 
appropriate because symbols with this volume of trading are more likely 
to have wider spreads and less certainty of an intraday execution.
    The Exchange further believes that designating the list of Midday 
Auction Stocks from within this category, and updating the list at 
least quarterly, would perfect the mechanism of a free and open market 
and a national market system because it would provide the Exchange with 
the ability to add or remove stocks from eligibility for the Midday 
Auction depending on the trading characteristics of an individual 
security. For example, a security with a CADV of 1,000,000 shares or 
less may have tight spreads and regular intraday trading opportunities; 
such a symbol would be less likely to benefit from a Midday Auction.
    Similarly, the Exchange believes that providing the Exchange with 
discretion of when the Midday Auction Pause period would begin, 
provided it is between 11 a.m. ET and 2 p.m. ET, would perfect the 
mechanism of a free and open market and a national market system 
because it would enable the Exchange to change when the Midday Auction 
occurs in order to respond to market events. The Exchange believes that 
the proposed window for the Midday Auction is designed to be a period 
after the opening and before the closing when additional price 
discovery for a Midday Auction Stock would be warranted. The Exchange 
notes that as proposed, regardless of the time, it would conduct only 
one Midday Auction per day in Midday Auction Stocks. The Exchange 
further notes that it would provide advance notice of the timing of the 
Midday Auction by Trader Update.
    The Exchange believes that the proposed Midday Auction Pause would 
perfect the mechanism of a free and open market and national market 
system because it is designed to pause intra-day trading only on the 
Exchange to provide investors with time to enter interest for the 
Midday Auction, including MOO and LOO Orders. The Exchange notes that 
the proposed five-minute period for the Midday Auction Pause is based 
on the time frame for a LULD Plan pause. Because the Midday Auction is 
intended for similar purpose to a LULD Pause, i.e., to consolidate 
volume for price discovery purposes, the Exchange believes that the 
proposed five-minute period is appropriate and consistent with the Act. 
The Exchange notes that the proposed Midday Auction Pause would pause 
trading only on the Exchange and therefore investors would continue to 
have intra-day executions opportunities on other markets during the 
Midday Auction Pause.
    The Exchange further believes that the proposed Midday Auction, 
which would be conducted in the same manner as set forth in the 
reopening procedures in Rule 123D, would perfect the mechanism of a 
free and open market and national market system because the Exchange 
would use an established auction process for the Midday Auction. 
Specifically, as proposed, the DMM assigned to a Midday Auction Stock 
would be responsible for facilitating the Midday Auction in a manner 
similar to how an opening or reopening would be conducted. This 
includes the DMM supplying liquidity as needed, as provided for in Rule 
104(a)(2), and conducting the Midday Auction either manually or 
electronically, as provided for in Rule 123D(1). In addition, the 
Exchange would process orders during the Midday Auction in a manner 
similar to how orders are handled during a trading halt or LULD trading 
pause, including accepting MOO and LOO Orders to participate in the 
Midday Auction. The Exchange would also publish Order Imbalance 
Information during a Midday Auction Pause, thereby providing investors 
and the public with information about the pricing of the Midday 
Auction. The Exchange would also follow established procedures for 
publishing indications during a Midday Auction Pause that are based on 
how indications may be published during LULD trading pauses pursuant to 
Rule 80C(b)(2)(A). The Exchange believes that replicating established 
reopening processes for the Midday Auction would provide transparency 
and certainty to investors and the public who are already familiar with 
the Exchange's auction process for openings and reopenings.
    The Exchange also believes that the proposal to price a Midday 
Auction consistent with the LULD price bands in effect at the time of 
the auction would perfect the mechanism of a free and open market and 
national market system because it would assure that the Midday Auction 
would not be priced outside of the established parameters for trading 
in that security at a given time. In particular, because trading in a 
Midday Auction Stock would be paused only on the Exchange, the Exchange 
believes it is appropriate to maintain deference to the prices that are 
occurring on other markets and price the Midday Auction consistent with 
the Price Bands.
    The Exchange notes that if there is a significant imbalance in a 
Midday Auction Stock, the Midday Auction Pause could be converted to an 
order

[[Page 9499]]

imbalance halt with the approval of a Floor Governor or two Floor 
Officials, which is the existing process for invoking a halt on the 
Exchange pursuant to Rule 123D. The Exchange believes that invoking an 
order imbalance halt, which would similarly halt trading on the 
Exchange only, would be appropriate because it would provide notice to 
the public of an order imbalance in a stock and an opportunity for the 
price discovery process to continue consistent with Rule 123D, 
including the requirement for publishing indications. The Exchange 
believes that for a significant order imbalance, using the existing 
reopening process rather than a Midday Auction would perfect the 
mechanism of a free and open market and national market system and 
protect investors and the public interest because it would provide an 
opportunity for greater price discovery that would not be restricted by 
LULD Price Bands.

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 Exchange Act. The proposed Midday 
Auction would only pause trading on the Exchange and would not prevent 
market participants from directing order flow in Midday Auction Stocks 
to other markets and trading venues during the auction. The proposed 
Midday Auction would also be available to all market participants on 
the Exchange each day at the same time. Further, the Exchange believes 
that by providing an additional opportunity to execute orders in 
thinly-traded securities hours before the close of trading, the 
proposed rule change would further the price discovery process and 
enhance competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 45 days of the date of publication of this notice in the 
Federal Register, or within such longer period up to 90 days (i) as the 
Commission may designate 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 or disapprove 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, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NYSE-2015-06 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2015-06. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). 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 Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing will also be available 
for inspection and copying at the NYSE's principal office and on its 
Internet Web site at www.nyse.com. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-NYSE-2015-06 and should be submitted on or before March 
16, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-03537 Filed 2-20-15; 8:45 am]
BILLING CODE 8011-01-P



                                               9496                           Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices

                                               public in accordance with the                             I. Self-Regulatory Organization’s                     would benefit from such price
                                               provisions of 5 U.S.C. 552, will be                       Statement of the Terms of Substance of                discovery. The Exchange further
                                               available for Web site viewing and                        the Proposed Rule Change                              believes that providing the Exchange
                                               printing in the Commission’s Public                          The Exchange proposes to adopt new                 with the ability to designate which
                                               Reference Room, 100 F Street NE.,                         Rule 124 to conduct a daily single-                   stocks within those parameters are
                                               Washington, DC 20549, on official                         priced auction at a specified time in                 eligible for the Midday Auction is
                                               business days between the hours of                        lower-volume securities (‘‘Midday                     appropriate because it would provide
                                               10:00 a.m. and 3:00 p.m. Copies of the                    Auction’’) and amend Rule 104 to codify               the Exchange with the ability to add or
                                               filing also will be available for                         the obligation of Designated Market                   remove stocks depending on the
                                               inspection and copying at the principal                   Makers (‘‘DMM’’) to facilitate the                    individual trading characteristics of a
                                               office of EDGX. All comments received                     Midday Auction. The text of the                       stock. As proposed, the Exchange would
                                               will be posted without change; the                        proposed rule change is available on the              update the list of Midday Auction
                                                                                                         Exchange’s Web site at www.nyse.com,                  Stocks at least quarterly.5
                                               Commission does not edit personal                                                                                  The Exchange proposes to conduct
                                               identifying information from                              at the principal office of the Exchange,
                                                                                                         and at the Commission’s Public                        one Midday Auction in each Midday
                                               submissions. You should submit only                                                                             Auction Stock per trading day.6 The
                                               information that you wish to make                         Reference Room.
                                                                                                                                                               Midday Auction would not be
                                               available publicly. All submissions                       II. Self-Regulatory Organization’s                    conducted on trading days the Exchange
                                               should refer to File Number SR–EDGX–                      Statement of the Purpose of, and                      is scheduled to close before 4:00 p.m.
                                               2015–09 and should be submitted on or                     Statutory Basis for, the Proposed Rule                ET or if the security is halted, paused,
                                               before March 16, 2015.                                    Change                                                suspended, or not opened for trading at
                                                 For the Commission, by the Division of                     In its filing with the Commission, the             the time of the Midday Auction.7 For
                                               Trading and Markets, pursuant to delegated                self-regulatory organization included                 example, if during the pause preceding
                                               authority.62                                              statements concerning the purpose of,                 the Midday Auction (described below),
                                                                                                         and basis for, the proposed rule change               a pause pursuant to the Plan to Address
                                               Brent J. Fields,                                          and discussed any comments it received                Extraordinary Market Volatility (‘‘LULD
                                                                                                         on the proposed rule change. The text                 Plan’’) 8 or regulatory halt were
                                               Secretary.
                                                                                                         of those statements may be examined at                triggered, the Exchange would not
                                               [FR Doc. 2015–03538 Filed 2–20–15; 8:45 am]               the places specified in Item IV below.                conduct a Midday Auction and instead
                                               BILLING CODE 8011–01–P                                    The Exchange has prepared summaries,                  would reopen the security pursuant to
                                                                                                         set forth in sections A, B, and C below,              the procedures for reopening following
                                                                                                         of the most significant parts of such                 a LULD Plan pause or regulatory halt.
                                               SECURITIES AND EXCHANGE                                   statements.                                              Beginning at a time specified by the
                                               COMMISSION                                                                                                      Exchange between 11 a.m. ET and 2
                                                                                                         A. Self-Regulatory Organization’s
                                                                                                                                                               p.m. ET,9 the Exchange would pause
                                                                                                         Statement of the Purpose of, and the
                                               [Release No. 34–74281; File No. SR–NYSE–                                                                        trading on the Exchange only in the
                                                                                                         Statutory Basis for, the Proposed Rule
                                               2015–06]
                                                                                                         Change                                                Midday Auction Stocks for five minutes
                                                                                                                                                               in order to provide market participants
                                               Self-Regulatory Organizations; New                        1. Purpose                                            with an opportunity to enter interest
                                               York Stock Exchange LLC; Notice of                           The Exchange proposes to adopt new                 intended for the auction (the ‘‘Midday
                                               Filing of Proposed Rule Change                            Rule 124 to conduct a daily Midday                    Auction Pause’’).10 During the Midday
                                               Adopting New Rule 124 to Conduct a                        Auction and amend Rule 104 to reflect                 Auction Pause, the Exchange would
                                               Midday Auction and Amending Rule                          that the DMM’s obligation to facilitate               suspend automatic executions and
                                               104 to Codify the Obligation of                           reopenings includes the Midday                        publish a zero quote on both the public
                                               Designated Market Makers to Facilitate                    Auction.                                              and proprietary data feeds.11
                                               the Midday Auction                                           The Exchange proposes to adopt new
                                                                                                                                                                 5 See  Proposed Rule 124(a)(1).
                                                                                                         Rule 124 to conduct a Midday Auction
                                               February 17, 2015.                                        in a subset of NYSE-listed securities that              6 See  Proposed Rule 124(a)(3).
                                                                                                                                                                  7 See Proposed Rule 124(a)(2).
                                                  Pursuant to section 19(b)(1) 1 of the                  have a consolidated average daily                        8 See Securities Exchange Act Release No. 67091
                                               Securities Exchange Act of 1934                           trading volume (‘‘CADV’’) of 1,000,000                (May 31, 2012), 77 FR 33498 (June 6, 2012) (File
                                               (‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   shares or less and have been designated               no. 4–631).
                                               notice is hereby given that on February                   by the Exchange (the ‘‘Midday Auction                    9 The Exchange proposes to specify the time of


                                               2, 2015, New York Stock Exchange LLC                      Stocks’’). The Midday Auction is                      the Midday Auction Pause by Trader Update.
                                                                                                                                                                  10 See Proposed Rule 124(b). Under Rule
                                                                                                         intended to consolidate volume,
                                               (‘‘NYSE’’ or ‘‘Exchange’’) filed with the                                                                       104(a)(1)(B)(ii), the DMM’s quoting obligations are
                                                                                                         including orders of larger blocks of
                                               Securities and Exchange Commission                                                                              suspended during a trading pause and do not re-
                                                                                                         stock, for price discovery purposes in                commence until after the first regular way
                                               (‘‘Commission’’) the proposed rule                        lower-volume securities to provide                    transaction on the primary listing market in the
                                               change as described in Items I and II                     market participants with a single-priced              security following such pause. The Exchange
                                               below, which Items have been prepared                     execution intraday to supplement the                  believes that DMMs would also be relieved of their
                                               by the self-regulatory organization. The                                                                        quoting obligations pursuant to Rule 104(a)(1)(B)(ii)
                                                                                                         existing opening and closing auctions.4               during the Midday Auction Pause.
                                               Commission is publishing this notice to                   The Exchange believes the proposed                       11 See id. Because the Midday Auction would be
Rmajette on DSK2VPTVN1PROD with NOTICES




                                               solicit comments on the proposed rule                     parameters for which stocks would be                  intended to occur daily at the same time in
                                               change from interested persons.                           eligible to participate is reasonably                 specified securities, the Exchange believes that the
                                                                                                                                                               publication of a zero quote condition would signal
                                                                                                         designed to include those stocks that                 to the market that the Midday Auction Pause has
                                                 62 17 CFR 200.30–3(a)(12).                                                                                    begun. The Exchange therefore does not propose,
                                                                                                           4 The Exchange notes that NYSE-listed securities    nor does it believe it necessary, to disseminate an
                                                 1 15 U.S.C.78s(b)(1).
                                                                                                         with a CADV of 1,000,000 shares or less represent     indication over the Consolidated Quote System or
                                                 2 15 U.S.C. 78a.
                                                                                                         approximately 16 percent of the consolidated          Consolidated Tape that a security is in a Midday
                                                 3 17 CFR 240.19b–4.                                     volume of all NYSE-listed securities.                 Auction Pause.



                                          VerDate Sep<11>2014     14:19 Feb 20, 2015   Jkt 235001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\23FEN1.SGM    23FEN1


                                                                            Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices                                                     9497

                                                  In order to maximize the interest                    conducting the Midday Auction either                  interest that is eligible to participate in
                                               eligible to participate in the Midday                   manually or electronically, as provided               the Midday Auction.
                                               Auction, during the Midday Auction                      for in Rule 123D(1).19 Rule 104(a)(2) sets               Because the Midday Auction is
                                               Pause, the Exchange would maintain                      forth the DMM’s obligation to facilitate              intended to be conducted the same as a
                                               resting orders on the Exchange’s book                   openings and reopenings for each of the               reopening pursuant to Rule 123D
                                               that are eligible to participate in a                   securities in which the DMM is                        (except as provided for in the two
                                               reopening.12 The Exchange would also                    registered as required under Exchange                 exceptions), the Exchange proposes to
                                               accept new orders that are eligible to                  rules, which may include providing                    specify that orders would participate in
                                               participate in the Midday Auction.13                    liquidity as needed. To specify that the              the Midday Auction in the same manner
                                               The Exchange notes that Market-on-                      DMM has a similar obligation for the                  that such orders would participate in
                                               Open (‘‘MOO’’) and Limit-on-Open                        Midday Auction, the Exchange proposes                 openings or reopenings. The Exchange
                                               (‘‘LOO’’) Orders, which are existing                    to amend Rule 104(a)(2) by adding the                 further proposes to specify that orders
                                               order types available for openings and                  clause ‘‘including the Midday Auction’’               that are not eligible to participate in
                                               reopenings, would be accepted during                    following ‘‘reopenings.’’                             openings or reopenings pursuant to
                                               the Midday Auction Pause. The                              The first proposed exception to Rule               Exchange rule would not participate in
                                               Exchange would also accept and process                  123D is based on the manner that the                  the Midday Auction.23
                                               cancellations of new and resting orders                 Exchange reopens securities following a                  Generally, the Exchange expects that
                                               during the Midday Auction Pause,14                      LULD Plan pause, as set forth in Rule                 DMMs would facilitate the Midday
                                               which is how the Exchange processes                     80C(b)(2)(A). As currently the case for               Auction electronically as close to the
                                               orders during a trading halt or LULD                    reopenings pursuant to Rule                           end of the Midday Auction Pause as
                                               Plan pause.                                             80C(b)(2)(A), the Exchange proposes                   feasible. However, if there is a
                                                  Because a Midday Auction Stock                                                                             significant imbalance or Floor broker
                                                                                                       that for Midday Auctions, indications
                                               would be paused on the Exchange only,                                                                         crowd interest, the DMM would have
                                                                                                       may be published to the Consolidated
                                               during the Midday Auction Pause, the                                                                          the ability, as is the case today with all
                                                                                                       Tape, but they are not required. In
                                               Exchange proposes to continue re-                                                                             Exchange auctions, to manually conduct
                                                                                                       addition, prior Floor Official approval is
                                               pricing sell short orders, including                                                                          the Midday Auction to provide greater
                                                                                                       not required and if an indication is
                                               MOO and LOO Orders, consistent with                                                                           opportunity for equilibrium in any
                                                                                                       published, it would not need to be
                                               Rule 440B(e) (Short Sales).15 The                                                                             imbalance of orders. The Exchange
                                                                                                       updated before the Midday Auction and
                                               Exchange also proposes to continuously                                                                        proposes that if there is a significant
                                                                                                       the Midday Auction may occur outside
                                               re-price and/or cancel orders, including                                                                      imbalance in a Midday Auction Stock at
                                                                                                       of any prior indication. Moreover, a
                                               MOO and LOO Orders, consistent with                                                                           the end of the Midday Auction Pause,
                                                                                                       Midday Auction would not be subject to
                                               Rule 80C(a)(5).16 In addition, in order to                                                                    with the approval of a Floor Governor
                                                                                                       the requirements that (i) a minimum of
                                               attract contra-side interest, during a                                                                        or two Floor Officials, the Midday
                                                                                                       three minutes must elapse between the
                                               Midday Auction Pause, the Exchange                                                                            Auction Pause may be converted to an
                                                                                                       first indication and the Midday Auction,
                                               would publish Order Imbalance                                                                                 order imbalance halt.24 In practice, this
                                                                                                       or (ii) if more than one indication is
                                               Information as defined in Rule 15(c) 17                                                                       would provide the DMMs with
                                                                                                       published, a minimum of one minute
                                               approximately every five seconds.18                                                                           flexibility to conduct a Midday Auction
                                                                                                       must elapse before the Midday
                                                  At the end of the Midday Auction                                                                           manually, but convert to an order
                                                                                                       Auction.20
                                               Pause, the Exchange proposes to                                                                               imbalance halt if attracting offsetting
                                               conduct the Midday Auction by                              The second proposed exception to
                                                                                                       Rule 123D would be that the Midday                    interest would delay the Midday
                                               reopening the Midday Auction Stocks at                                                                        Auction. The benefit of converting to an
                                               a single equilibrium price in the same                  Auction would not execute at a price
                                                                                                       outside of the LULD Price Bands, as                   order imbalance halt is that it would
                                               manner as in Rule 123D (Openings and                                                                          signal to the public that there is an order
                                               Halts in Trading) for reopenings, with                  provided for in Rule 80C(a)(4).21
                                                                                                       Although the LULD Plan provides that                  imbalance in a symbol, and provide the
                                               two exceptions. Accordingly, as with                                                                          DMM with the ability to reopen the
                                               reopenings following a regulatory halt                  reopenings are not subject to the Plan,22
                                                                                                       the Exchange believes that because                    security pursuant to Rule 123D, without
                                               or LULD Plan pause, the DMM                                                                                   either of the above-described exceptions
                                               registered in the security would be                     trading in Midday Auction Stocks
                                                                                                       would be continuing on other markets,                 applicable to the Midday Auction.25 In
                                               responsible for facilitating the Midday                                                                       such case, the reopening would not be
                                               Auction in a manner similar to how an                   the Midday Auction should execute
                                                                                                       consistent with the Price Bands in effect             subject to the LULD Price Bands, and as
                                               opening or reopening would be                                                                                 proposed, orders re-priced pursuant to
                                               conducted. This includes the DMM                        at the time of the Midday Auction. As
                                                                                                       noted above, to facilitate a Midday                   proposed Rule 124(b)(6) would be re-
                                               supplying liquidity as needed, as                                                                             filed according to the original order
                                               provided for in Rule 104(a)(2), and                     Auction priced consistent with the
                                                                                                       LULD Price Bands, the Exchange would                  instructions and the security would be
                                                 12 See Proposed Rule 124(b)(1).                       be re-pricing both market and limit                     23 See
                                                 13 See
                                                                                                                                                                      Proposed Rule 124(d).
                                                        Proposed Rule 124(b)(2).                                                                               24 See
                                                 14 See Proposed Rule 124(b)(3).
                                                                                                                                                                      Proposed Rule 123(e). The Exchange notes
                                                                                                         19 See  Proposed Rule 124(c).                       that the current procedure for invoking a trading
                                                 15 See Proposed Rule 124(b)(4).                          20 See Proposed Rule 123(c)(1).
                                                                                                                                                             halt requires the approval of a Floor Governor or
                                                 16 See Proposed Rule 124(b)(5).                          21 See Proposed Rule 124(c)(2). The Exchange       two Floor Officials. See Rule 123D(1) (‘‘Once
                                                 17 Order Imbalance Information reflects real-time     will be submitting separately a request for           trading has commenced, trading may only be halted
                                               order imbalances that accumulate prior to the           exemptive relief pursuant to Rule 611(d) of           with the approval of a Floor Governor or two Floor
Rmajette on DSK2VPTVN1PROD with NOTICES




                                               opening or reopening transaction on the Exchange        Regulation NMS that the Midday Auction be             Officials.’’)
                                               and the price at which interest eligible to             exempted from the requirements of Rule 611 of            25 The Exchange notes that when it halts a
                                               participate in an opening or reopening transaction      Regulation NMS, 17 CFR 242.600 et seq., because       security for an order imbalance halt, which is a
                                               may be executed in full. Order Imbalance                it operates, in substance, in the same way as a       non-regulatory halt, the Exchange disseminates via
                                               Information disseminated pursuant to Rule 15(c)         single-priced reopening transaction, which is an      the public data feeds that a symbol is subject to an
                                               includes all interest eligible for execution in the     existing exception to the Order Protection Rule       order imbalance halt. See Consolidated Tape
                                               opening or reopening transaction of a security in       under Rule 611(b)(3).                                 System CTS Output Multicast Interface
                                               Exchange systems. See Rule 15(c)(1).                       22 See LULD Plan, supra note 8 at section          Specification, at 95, 141, and 142, available at
                                                 18 See Proposed Rule 124(b)(6).                       VI(A)(1).                                             https://www.ctaplan.com/.



                                          VerDate Sep<11>2014   14:19 Feb 20, 2015   Jkt 235001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\23FEN1.SGM     23FEN1


                                               9498                         Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices

                                               reopened pursuant to the procedures set                 because symbols with this volume of                   opportunities on other markets during
                                               forth in Rule 123D.26                                   trading are more likely to have wider                 the Midday Auction Pause.
                                                 Because of the technology changes                     spreads and less certainty of an intraday                The Exchange further believes that the
                                               associated with the proposed rule                       execution.                                            proposed Midday Auction, which
                                               change, the Exchange proposes to                           The Exchange further believes that                 would be conducted in the same
                                               announce the implementation date via                    designating the list of Midday Auction                manner as set forth in the reopening
                                               Trader Update.                                          Stocks from within this category, and                 procedures in Rule 123D, would perfect
                                                                                                       updating the list at least quarterly,                 the mechanism of a free and open
                                               2. Statutory Basis
                                                                                                       would perfect the mechanism of a free                 market and national market system
                                                  The Exchange believes that the                       and open market and a national market                 because the Exchange would use an
                                               proposed rule change is consistent with                 system because it would provide the                   established auction process for the
                                               section 6(b) of the Act,27 in general, and              Exchange with the ability to add or                   Midday Auction. Specifically, as
                                               furthers the objectives of section 6(b)(5)              remove stocks from eligibility for the                proposed, the DMM assigned to a
                                               of the Act,28 in particular, because it is              Midday Auction depending on the                       Midday Auction Stock would be
                                               designed to prevent fraudulent and                      trading characteristics of an individual              responsible for facilitating the Midday
                                               manipulative acts and practices, to                                                                           Auction in a manner similar to how an
                                                                                                       security. For example, a security with a
                                               promote just and equitable principles of                                                                      opening or reopening would be
                                                                                                       CADV of 1,000,000 shares or less may
                                               trade, to foster cooperation and                                                                              conducted. This includes the DMM
                                                                                                       have tight spreads and regular intraday
                                               coordination with persons engaged in                                                                          supplying liquidity as needed, as
                                                                                                       trading opportunities; such a symbol
                                               regulating, clearing, settling, processing                                                                    provided for in Rule 104(a)(2), and
                                                                                                       would be less likely to benefit from a
                                               information with respect to, and                                                                              conducting the Midday Auction either
                                                                                                       Midday Auction.
                                               facilitating transactions in securities, to                                                                   manually or electronically, as provided
                                               remove impediments to, and perfect the                     Similarly, the Exchange believes that
                                                                                                       providing the Exchange with discretion                for in Rule 123D(1). In addition, the
                                               mechanisms of, a free and open market                                                                         Exchange would process orders during
                                               and a national market system and, in                    of when the Midday Auction Pause
                                                                                                                                                             the Midday Auction in a manner similar
                                               general, to protect investors and the                   period would begin, provided it is
                                                                                                                                                             to how orders are handled during a
                                               public interest and because it is not                   between 11 a.m. ET and 2 p.m. ET,
                                                                                                                                                             trading halt or LULD trading pause,
                                               designed to permit unfair                               would perfect the mechanism of a free
                                                                                                                                                             including accepting MOO and LOO
                                               discrimination between customers,                       and open market and a national market
                                                                                                                                                             Orders to participate in the Midday
                                               issuers, brokers, or dealers.                           system because it would enable the
                                                                                                                                                             Auction. The Exchange would also
                                                  The Exchange believes that the                       Exchange to change when the Midday
                                                                                                                                                             publish Order Imbalance Information
                                               proposed Midday Auction would                           Auction occurs in order to respond to
                                                                                                                                                             during a Midday Auction Pause, thereby
                                               perfect the mechanism of a free and                     market events. The Exchange believes
                                                                                                                                                             providing investors and the public with
                                               open market and a national market                       that the proposed window for the
                                                                                                                                                             information about the pricing of the
                                               system and, in general, protect investors               Midday Auction is designed to be a                    Midday Auction. The Exchange would
                                               and the public interest because it would                period after the opening and before the               also follow established procedures for
                                               provide opportunity for price discovery                 closing when additional price discovery               publishing indications during a Midday
                                               and an intra-day execution for thinly-                  for a Midday Auction Stock would be                   Auction Pause that are based on how
                                               traded securities. More specifically, the               warranted. The Exchange notes that as                 indications may be published during
                                               Exchange believes that the proposed                     proposed, regardless of the time, it                  LULD trading pauses pursuant to Rule
                                               Midday Auction would provide                            would conduct only one Midday                         80C(b)(2)(A). The Exchange believes
                                               investors with an intra-day price                       Auction per day in Midday Auction                     that replicating established reopening
                                               discovery mechanism during which                        Stocks. The Exchange further notes that               processes for the Midday Auction
                                               potential trading volumes may be                        it would provide advance notice of the                would provide transparency and
                                               consolidated, thereby providing more                    timing of the Midday Auction by Trader                certainty to investors and the public
                                               certainty of an execution opportunity                   Update.                                               who are already familiar with the
                                               during the trading day. In addition,                       The Exchange believes that the                     Exchange’s auction process for openings
                                               because volume would be consolidated                    proposed Midday Auction Pause would                   and reopenings.
                                               for the auction, investors with large                   perfect the mechanism of a free and                      The Exchange also believes that the
                                               blocks of stock could use the Midday                    open market and national market system                proposal to price a Midday Auction
                                               Auction to execute those orders without                 because it is designed to pause intra-day             consistent with the LULD price bands in
                                               impacting the price of the stock, which                 trading only on the Exchange to provide               effect at the time of the auction would
                                               could occur if a large order were entered               investors with time to enter interest for             perfect the mechanism of a free and
                                               during continuous, intra-day trading. As                the Midday Auction, including MOO                     open market and national market system
                                               proposed, the Exchange would make the                   and LOO Orders. The Exchange notes                    because it would assure that the Midday
                                               Midday Auction available for Exchange-                  that the proposed five-minute period for              Auction would not be priced outside of
                                               listed securities with a CADV of                        the Midday Auction Pause is based on                  the established parameters for trading in
                                               1,000,000 shares or less, which                         the time frame for a LULD Plan pause.                 that security at a given time. In
                                               represent approximately 16% of all                      Because the Midday Auction is                         particular, because trading in a Midday
                                               NYSE-listed securities by consolidated                  intended for similar purpose to a LULD                Auction Stock would be paused only on
                                               volume, and that have been designated                   Pause, i.e., to consolidate volume for                the Exchange, the Exchange believes it
                                               by the Exchange. The Exchange believes                  price discovery purposes, the Exchange                is appropriate to maintain deference to
Rmajette on DSK2VPTVN1PROD with NOTICES




                                               that making the Midday Auction                          believes that the proposed five-minute                the prices that are occurring on other
                                               available for symbols with a CADV of                    period is appropriate and consistent                  markets and price the Midday Auction
                                               1,000,000 shares or less is appropriate                 with the Act. The Exchange notes that                 consistent with the Price Bands.
                                                                                                       the proposed Midday Auction Pause                        The Exchange notes that if there is a
                                                 26 See Proposed Rule 124(e).                          would pause trading only on the                       significant imbalance in a Midday
                                                 27 15 U.S.C. 78f(b).                                  Exchange and therefore investors would                Auction Stock, the Midday Auction
                                                 28 15 U.S.C. 78f(b)(5).                               continue to have intra-day executions                 Pause could be converted to an order


                                          VerDate Sep<11>2014   14:19 Feb 20, 2015   Jkt 235001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\23FEN1.SGM   23FEN1


                                                                            Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices                                                  9499

                                               imbalance halt with the approval of a                   the self-regulatory organization                      2015–06 and should be submitted on or
                                               Floor Governor or two Floor Officials,                  consents, the Commission will:                        before March 16, 2015.
                                               which is the existing process for                         (A) By order approve or disapprove                    For the Commission, by the Division of
                                               invoking a halt on the Exchange                         the proposed rule change, or                          Trading and Markets, pursuant to delegated
                                               pursuant to Rule 123D. The Exchange                       (B) institute proceedings to determine              authority.29
                                               believes that invoking an order                         whether the proposed rule change                      Brent J. Fields,
                                               imbalance halt, which would similarly                   should be disapproved.                                Secretary.
                                               halt trading on the Exchange only,                                                                            [FR Doc. 2015–03537 Filed 2–20–15; 8:45 am]
                                               would be appropriate because it would                   IV. Solicitation of Comments
                                                                                                                                                             BILLING CODE 8011–01–P
                                               provide notice to the public of an order                  Interested persons are invited to
                                               imbalance in a stock and an opportunity                 submit written data, views, and
                                               for the price discovery process to                      arguments concerning the foregoing,
                                                                                                                                                             SOCIAL SECURITY ADMINISTRATION
                                               continue consistent with Rule 123D,                     including whether the proposed rule
                                               including the requirement for                           change is consistent with the Act.                    [Docket No: SSA–2015–0005]
                                               publishing indications. The Exchange                    Comments may be submitted by any of
                                               believes that for a significant order                   the following methods:                                Agency Information Collection
                                               imbalance, using the existing reopening                                                                       Activities: Proposed Request and
                                                                                                       Electronic Comments                                   Comment Request
                                               process rather than a Midday Auction
                                               would perfect the mechanism of a free                     • Use the Commission’s Internet                        The Social Security Administration
                                               and open market and national market                     comment form (http://www.sec.gov/                     (SSA) publishes a list of information
                                               system and protect investors and the                    rules/sro.shtml); or                                  collection packages requiring clearance
                                               public interest because it would provide                  • Send an email to rule-comments@                   by the Office of Management and
                                               an opportunity for greater price                        sec.gov. Please include File Number SR–               Budget (OMB) in compliance with
                                               discovery that would not be restricted                  NYSE–2015–06 on the subject line.                     Public Law 104–13, the Paperwork
                                               by LULD Price Bands.                                                                                          Reduction Act of 1995, effective October
                                                                                                       Paper Comments
                                               B. Self-Regulatory Organization’s                                                                             1, 1995. This notice includes revisions
                                                                                                          • Send paper comments in triplicate                of OMB-approved information
                                               Statement on Burden on Competition
                                                                                                       to Brent J. Fields, Secretary, Securities             collections and one new information
                                                  The Exchange does not believe that                   and Exchange Commission, 100 F Street                 collection.
                                               the proposed rule change will impose                    NE., Washington, DC 20549–1090.                          SSA is soliciting comments on the
                                               any burden on competition that is not                   All submissions should refer to File                  accuracy of the agency’s burden
                                               necessary or appropriate in furtherance                 Number SR–NYSE–2015–06. This file                     estimate; the need for the information;
                                               of the purposes of the Exchange Act.                    number should be included on the                      its practical utility; ways to enhance its
                                               The proposed Midday Auction would                       subject line if email is used. To help the            quality, utility, and clarity; and ways to
                                               only pause trading on the Exchange and                  Commission process and review your                    minimize burden on respondents,
                                               would not prevent market participants                   comments more efficiently, please use                 including the use of automated
                                               from directing order flow in Midday                     only one method. The Commission will                  collection techniques or other forms of
                                               Auction Stocks to other markets and                     post all comments on the Commission’s                 information technology. Mail, email, or
                                               trading venues during the auction. The                  Internet Web site (http://www.sec.gov/                fax your comments and
                                               proposed Midday Auction would also                      rules/sro.shtml). Copies of the                       recommendations on the information
                                               be available to all market participants                 submission, all subsequent                            collection(s) to the OMB Desk Officer
                                               on the Exchange each day at the same                    amendments, all written statements                    and SSA Reports Clearance Officer at
                                               time. Further, the Exchange believes                    with respect to the proposed rule                     the following addresses or fax numbers.
                                               that by providing an additional                         change that are filed with the                        (OMB), Office of Management and
                                               opportunity to execute orders in thinly-                Commission, and all written                              Budget, Attn: Desk Officer for SSA,
                                               traded securities hours before the close                communications relating to the                           Fax: 202–395–6974, Email address:
                                               of trading, the proposed rule change                    proposed rule change between the                         OIRA_Submission@omb.eop.gov.
                                               would further the price discovery                       Commission and any person, other than                 (SSA) Social Security Administration,
                                               process and enhance competition.                        those that may be withheld from the                      OLCA, Attn: Reports Clearance
                                               C. Self-Regulatory Organization’s                       public in accordance with the                            Director, 3100 West High Rise, 6401
                                               Statement on Comments on the                            provisions of 5 U.S.C. 552, will be                      Security Blvd., Baltimore, MD 21235,
                                               Proposed Rule Change Received From                      available for Web site viewing and                       Fax: 410–966–2830, Email address:
                                               Members, Participants, or Others                        printing in the Commission’s Public                      OR.Reports.Clearance@ssa.gov.
                                                                                                       Reference Room, 100 F Street NE.,                        Or you may submit your comments
                                                 No written comments were solicited                    Washington, DC 20549, on official                     online through www.regulations.gov,
                                               or received with respect to the proposed                business days between the hours of                    referencing Docket ID Number [SSA–
                                               rule change.                                            10:00 a.m. and 3:00 p.m. Copies of the                2015–0005].
                                               III. Date of Effectiveness of the                       filing will also be available for                        I. The information collections below
                                               Proposed Rule Change and Timing for                     inspection and copying at the NYSE’s                  are pending at SSA. SSA will submit
                                               Commission Action                                       principal office and on its Internet Web              them to OMB within 60 days from the
                                                                                                       site at www.nyse.com. All comments                    date of this notice. To be sure we
Rmajette on DSK2VPTVN1PROD with NOTICES




                                                 Within 45 days of the date of                         received will be posted without change;               consider your comments, we must
                                               publication of this notice in the Federal               the Commission does not edit personal                 receive them no later than April 24,
                                               Register, or within such longer period                  identifying information from                          2015. Individuals can obtain copies of
                                               up to 90 days (i) as the Commission may                 submissions. You should submit only                   the collection instruments by writing to
                                               designate if it finds such longer period                information that you wish to make                     the above email address.
                                               to be appropriate and publishes its                     available publicly. All submissions
                                               reasons for so finding or (ii) as to which              should refer to File Number SR–NYSE–                    29 17   CFR 200.30–3(a)(12).



                                          VerDate Sep<11>2014   14:19 Feb 20, 2015   Jkt 235001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\23FEN1.SGM    23FEN1



Document Created: 2015-12-18 13:28:29
Document Modified: 2015-12-18 13:28:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 9496 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR