81 FR 42781 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Temporarily Widen Price Collar Thresholds for the Core Open Auction and Trading Halt Auctions
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 126 (June 30, 2016)
Federal Register Volume 81, Issue 126 (June 30, 2016)
| Page Range | 42781-42783 | |
| FR Document | 2016-15456 |
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)] [Notices] [Pages 42781-42783] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15456] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-78152; File No. SR-NYSEArca-2016-90] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Temporarily Widen Price Collar Thresholds for the Core Open Auction and Trading Halt Auctions June 24, 2016. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that on June 24, 2016, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE Arca'') filed with the Securities and Exchange Commission (the ``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 temporarily widen price collar thresholds for the Core Open Auction and Trading Halt Auctions, which would be operative on June 24, 2016 only. 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 [[Page 42782]] 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 temporarily widen price collar thresholds for the Core Open Auction and Trading Halt Auctions, which would be operative for June 24, 2016 only. On June 23, 2016, the United Kingdom (``UK'') held a referendum vote to decide whether the UK should leave or remain in the European Union. The results of this vote were not made public until after the U.S. markets closed on June 23, 2016. Based on this referendum, the UK has voted to leave the European Union. As expected, this vote has resulted in an extraordinary level of global market activity on June 24, 2016, as the markets assess what the impact of the UK leaving the European Union will mean. This spike in market volatility has also impacted the U.S. equities markets, including pricing of Exchange Traded Products (``ETP''), the majority of which are listed on the Exchange. Because of the extraordinary level of market volatility following the UK referendum vote, including in the U.S. ETP market, the Exchange believes that widening the Auction Collars for the Core Open Auction and Trading Halt Auctions for June 24, 2016 only would assist the Exchange in conducting fair and orderly auctions. As set forth in Rule 7.35P(a)(10), the price collar thresholds for the Core Open Auction and Trading Halt Auctions are currently set at 10% for securities with an Auction Reference Price of $25.00 or less, 5% for securities with an Auction Reference Price greater than $25.00 but less than or equal to $50.00, and 3% for securities with an Auction Reference Price greater than $50.00.\4\ --------------------------------------------------------------------------- \4\ The Auction Reference Price for the Core Open Auction is the midpoint of the Auction NBBO or, if the Auction NBBO is locked, the locked price. If there is no Auction NBBO, the prior trading day's Official Closing Price. The Auction Reference Price for the Trading Halt Auction is the last consolidated round-lot price of that trading day, and if none, the prior trading day's Official Closing Price. See NYSE Arca Equities Rule 7.35P(a)(8). --------------------------------------------------------------------------- The Exchange proposes to apply Auction Collars of 10% for all Auction-Eligible Securities,\5\ regardless of the Auction Reference Price. The Exchange believes that for securities priced greater than $25.00, the proposed wider price collar threshold will allow for additional price movements that is expected because of the extraordinary volatility in the market, while continuing to prevent auctions from occurring at prices significantly away from the applicable Auction Reference Price. The proposed 10% price collar threshold for the Core Open Auction is the same as currently used by the Nasdaq Stock Market LLC (``Nasdaq'') for its opening crosses.\6\ --------------------------------------------------------------------------- \5\ For the Core Open Auction, Auction-Eligible Securities are all securities for which the Exchange is the primary listing market and UTP Securities designated by the Exchange. For the Trading Halt Auction, Auction-Eligible Securities are securities for which the Exchange is the primary listing market. See NYSE Arca Equities Rule 7.35P(a)(1)(A) and (B). \6\ See Nasdaq Rule 4752(d)(2)(E) and http://www.nasdaqtrader.com/content/productsservices/trading/crosses/openclose_faqs.pdf. --------------------------------------------------------------------------- 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act,\7\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\8\ in particular, in that 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 facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system, and in general, to protect investors and the public interest. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- In particular, the Exchange believes that the impact of the UK vote to leave the European Union has resulted in extraordinary global market volatility, not seen in scale since August 24, 2015, and the U.S. ETP market is not immune. In response to this extraordinary market volatility, the Exchange believes that it would promote the protection of investors and the public interest to temporarily widen the price collar thresholds for the Core Open Auction and Trading Halt Auctions on June 24, 2016 only because it would promote fair and orderly auctions. The Exchange further believes that widening the price collar thresholds would remove impediments to and perfect the mechanism of a national market system because it is designed to allow for greater price movement, while at the same time preventing auction trades from occurring at prices significantly away from the applicable Auction Reference Price. Accordingly, investors would be protected from executions significantly away from the last sale in a security or other applicable reference price, but natural price fluctuations resulting from the market volatility would be permitted. In addition, the Exchange believes that widening the Auction Collars could reduce the possibility of securities triggering multiple trading pauses under the Regulation NMS Plan to Address Market Volatility. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is not designed to address any competitive issues but rather is designed to ensure a fair and orderly market by temporarily widening the price collar thresholds for the Core Open Auction and Trading Halt Auctions on a trading day with extraordinary market volatility due to the UK vote to leave the European Union, In addition, the proposed rule change is intended to be in effect for June 24, 2016 only to respond to unique events relating to UK referendum and therefore will not create a burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section [[Page 42783]] 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\ --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 17 CFR 240.19b-4(f)(6). The Exchange has requested that the Commission waive the requirement that the Exchange provide the Commission written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date on which the Exchange filed the proposed rule change pursuant to Rule 19b- 4(f)(6)(iii). The Commission hereby grants this request. --------------------------------------------------------------------------- A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the Act \11\ normally does not become operative for 30 days after the date of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Exchange stated that waiver of the operative delay would allow the Exchange to immediately implement the proposed rule change, thereby promoting the operation of a fair and orderly market on a day with extraordinary market volatility due to the UK referendum to leave the European Union. The Commission believes the waiver of the operative delay is consistent with the protection of investors and the public interest. Therefore, the Commission hereby waives the operative delay and designates the proposal operative upon filing.\13\ --------------------------------------------------------------------------- \11\ 17 CFR 240.19b-4(f)(6). \12\ 17 CFR 240.19b-4(f)(6)(iii). \13\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule change should be approved or 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NYSEArca-2016-90 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-NYSEArca-2016-90. 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 such filing also will be available for inspection and copying at the principal office of the Exchange. 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-NYSEArca-2016-90, and should be submitted on or before July 21, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2016-15456 Filed 6-29-16; 8:45 am] BILLING CODE 8011-01-P
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III. Date of Effectiveness of the operative upon filing with the Washington, DC 20549 on official
Proposed Rule Change and Timing for Commission.14 business days between the hours of
Commission Action At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the
The Exchange has filed the proposed filing of such proposed rule change, the filing also will be available for
rule change pursuant to Section Commission summarily may inspection and copying at the principal
19(b)(3)(A)(iii) of the Act 9 and Rule temporarily suspend such rule change if office of the Exchange. All comments
19b–4(f)(6) thereunder.10 Because the it appears to the Commission that such received will be posted without change;
proposed rule change does not: (i) action is necessary or appropriate in the the Commission does not edit personal
significantly affect the protection of public interest, for the protection of identifying information from
investors or the public interest; (ii) investors, or otherwise in furtherance of submissions. You should submit only
impose any significant burden on the purposes of the Act. If the information that you wish to make
competition; and (iii) become operative Commission takes such action, the available publicly. All submissions
prior to 30 days from the date on which Commission shall institute proceedings should refer to File Number SR–
it was filed, or such shorter time as the under Section 19(b)(2)(B) 15 of the Act to NYSEMKT–2016–64, and should be
Commission may designate, if determine whether the proposed rule submitted on or before July 21, 2016.
consistent with the protection of change should be approved or For the Commission, by the Division of
investors and the public interest, the disapproved. Trading and Markets, pursuant to delegated
proposed rule change has become IV. Solicitation of Comments authority.16
effective pursuant to Section 19(b)(3)(A) Jill M. Peterson,
Interested persons are invited to
of the Act and Rule 19b–4(f)(6)(iii) Assistant Secretary.
submit written data, views, and
thereunder.11 arguments concerning the foregoing, [FR Doc. 2016–15500 Filed 6–29–16; 8:45 am]
A proposed rule change filed under BILLING CODE 8011–01–P
including whether the proposed rule
Rule 19b–4(f)(6) under the Act 12
change is consistent with the Act.
normally does not become operative
Comments may be submitted by any of
prior to 30 days after the date of the SECURITIES AND EXCHANGE
the following methods:
filing. However, pursuant to Rule 19b– COMMISSION
4(f)(6)(iii),13 the Commission may Electronic Comments
[Release No. 34–78152; File No. SR–
designate a shorter time if such action • Use the Commission’s Internet NYSEArca–2016–90]
is consistent with the protection of comment form (http://www.sec.gov/
investors and the public interest. The rules/sro.shtml); or Self-Regulatory Organizations; NYSE
Exchange has asked the Commission to • Send an email to rule-comments@ Arca, Inc.; Notice of Filing and
waive the 30-day operative delay so that sec.gov. Please include File Number SR– Immediate Effectiveness of Proposed
the proposal may become operative NYSEMKT–2016–64 on the subject line. Rule Change to Temporarily Widen
immediately upon filing. In support of Price Collar Thresholds for the Core
the request, the Exchange states that Paper Comments
Open Auction and Trading Halt
waiver the 30-day operative delay will • Send paper comments in triplicate Auctions
allow the Exchange to invoke the relief to Brent J. Fields, Secretary, Securities
immediately upon filing, which is and Exchange Commission, 100 F Street June 24, 2016.
necessary so that Floor brokers may be NE., Washington, DC 20549–1090. Pursuant to Section 19(b)(1) 1 of the
able to communicate with their All submissions should refer to File Securities Exchange Act of 1934 (the
customers on a day with significantly Number SR–NYSEMKT–2016–64. This ‘‘Act’’),2 and Rule 19b–4 thereunder,3
increased volumes of trading due both file number should be included on the notice is hereby given that on June 24,
to the United Kingdom referendum vote subject line if email is used. To help the 2016, NYSE Arca, Inc. (the ‘‘Exchange’’
to leave the European Union and the Commission process and review your or ‘‘NYSE Arca’’) filed with the
rebalancing of the Russell Investment comments more efficiently, please use Securities and Exchange Commission
Group indices after the close of trading only one method. The Commission will (the ‘‘Commission’’) the proposed rule
on June 24, 2016. Based on the above, post all comments on the Commission’s change as described in Items I and II
the Commission believes that waiver of Internet Web site (http://www.sec.gov/ below, which Items have been prepared
the 30-day operative delay is consistent rules/sro.shtml). Copies of the by the self-regulatory organization. The
with the protection of investors and the submission, all subsequent Commission is publishing this notice to
public interest because it will permit amendments, all written statements solicit comments on the proposed rule
Floor brokers to remain in with respect to the proposed rule change from interested persons.
communication with customers while change that are filed with the I. Self-Regulatory Organization’s
wired phone lines are unavailable. Commission, and all written Statement of the Terms of Substance of
Accordingly, the Commission communications relating to the the Proposed Rule Change
designates the proposed rule change as proposed rule change between the
Commission and any person, other than The Exchange proposes to temporarily
9 15 U.S.C. 78s(b)(3)(A)(iii). those that may be withheld from the widen price collar thresholds for the
10 17 CFR 240.19b–4(f)(6).
public in accordance with the Core Open Auction and Trading Halt
11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
provisions of 5 U.S.C. 552, will be Auctions, which would be operative on
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file available for Web site viewing and June 24, 2016 only. The proposed rule
mstockstill on DSK3G9T082PROD with NOTICES
the proposed rule change, along with a brief printing in the Commission’s Public change is available on the Exchange’s
description and text of the proposed rule change,
Reference Room, 100 F Street NE., Web site at www.nyse.com, at the
at least five business days prior to the date of filing principal office of the Exchange, and at
of the proposed rule change, or such shorter time
as designated by the Commission. The Commission 14 For purposes only of waiving the 30-day
16 17 CFR 200.30–3(a)(12).
has determined to waive the five-day prefiling operative delay, the Commission has considered the
period in this case. 1 15 U.S.C. 78s(b)(1).
proposed rule’s impact on efficiency, competition,
12 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f). 2 15 U.S.C. 78a.
13 17 CFR 240.19b–4(f)(6)(iii). 15 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4.
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![Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices 42783
19(b)(3)(A) of the Act 9 and Rule 19b– Electronic Comments SMALL BUSINESS ADMINISTRATION
4(f)(6) thereunder.10
A proposed rule change filed • Use the Commission’s Internet
[Disaster Declaration #14748]
pursuant to Rule 19b–4(f)(6) under the comment form (http://www.sec.gov/
Act 11 normally does not become rules/sro.shtml); or Florida Disaster #FL–00117 Declaration
operative for 30 days after the date of its • Send an email to rule-comments@ of Economic Injury
filing. However, Rule 19b–4(f)(6)(iii) 12 sec.gov. Please include File Number SR–
permits the Commission to designate a NYSEArca–2016–90 on the subject line. AGENCY: U.S. Small Business
shorter time if such action is consistent Administration.
with the protection of investors and the Paper Comments ACTION: Notice.
public interest. The Exchange has asked
the Commission to waive the 30-day • Send paper comments in triplicate SUMMARY: This is a notice of an
operative delay so that the proposal may to Brent J. Fields, Secretary, Securities Economic Injury Disaster Loan (EIDL)
become operative immediately upon and Exchange Commission, 100 F Street declaration for the State of Florida,
filing. The Exchange stated that waiver NE., Washington, DC 20549–1090. dated 06/23/2016.
of the operative delay would allow the All submissions should refer to File Incident: Violent Attack and Related
Exchange to immediately implement the Number SR–NYSEArca–2016–90. This Investigation.
proposed rule change, thereby Incident Period: 06/12/2016 and
file number should be included on the
promoting the operation of a fair and continuing.
subject line if email is used. To help the
orderly market on a day with Effective Date: 06/23/2016.
extraordinary market volatility due to Commission process and review your
EIDL Loan Application Deadline Date:
the UK referendum to leave the comments more efficiently, please use
03/23/2017.
European Union. The Commission only one method. The Commission will
post all comments on the Commission’s ADDRESSES: Submit completed loan
believes the waiver of the operative applications to: U.S. Small Business
delay is consistent with the protection Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the Administration Processing and
of investors and the public interest. Disbursement Center, 14925 Kingsport
Therefore, the Commission hereby submission, all subsequent
Road, Fort Worth, TX 76155.
waives the operative delay and amendments, all written statements
designates the proposal operative upon with respect to the proposed rule FOR FURTHER INFORMATION CONTACT: A
filing.13 change that are filed with the Escobar, Office of Disaster Assistance,
At any time within 60 days of the Commission, and all written U.S. Small Business Administration,
filing of the proposed rule change, the communications relating to the 409 3rd Street SW., Suite 6050,
Commission summarily may Washington, DC 20416.
proposed rule change between the
temporarily suspend such rule change if Commission and any person, other than SUPPLEMENTARY INFORMATION: Notice is
it appears to the Commission that such those that may be withheld from the hereby given that as a result of the
action is necessary or appropriate in the public in accordance with the Administrator’s EIDL declaration,
public interest, for the protection of provisions of 5 U.S.C. 552, will be applications for economic injury
investors, or otherwise in furtherance of disaster loans may be filed at the
available for Web site viewing and
the purposes of the Act. If the address listed above or other locally
Commission takes such action, the printing in the Commission’s Public
announced locations.
Commission shall institute proceedings Reference Room, 100 F Street NE.,
The following areas have been
to determine whether the proposed rule Washington, DC 20549 on official determined to be adversely affected by
change should be approved or business days between the hours of the disaster:
disapproved. 10:00 a.m. and 3:00 p.m. Copies of such
Primary Counties: Orange.
filing also will be available for
IV. Solicitation of Comments Contiguous Counties:
inspection and copying at the principal
Interested persons are invited to Florida: Brevard, Lake, Osceola, Polk,
office of the Exchange. All comments
submit written data, views, and Seminole, Volusia.
received will be posted without change;
arguments concerning the foregoing, the Commission does not edit personal The Interest Rates are:
including whether the proposed rule identifying information from
change is consistent with the Act. Percent
submissions. You should submit only
Comments may be submitted by any of information that you wish to make Businesses and Small Agricultural
the following methods: available publicly. All submissions Cooperatives Without Credit
should refer to File Number SR– Available Elsewhere .................. 4.000
9 15 U.S.C. 78s(b)(3)(A).
NYSEArca–2016–90, and should be Non-Profit Organizations Without
10 17 CFR 240.19b–4(f)(6). The Exchange has
Credit Available Elsewhere ....... 2.625
requested that the Commission waive the submitted on or before July 21, 2016.
requirement that the Exchange provide the For the Commission, by the Division of
Commission written notice of its intent to file the The number assigned to this disaster
proposed rule change, along with a brief description Trading and Markets, pursuant to delegated for economic injury is 14748
and the text of the proposed rule change, at least authority.14 The States which received an EIDL
five business days prior to the date on which the Brent J. Fields,
Exchange filed the proposed rule change pursuant
Declaration # are Florida.
mstockstill on DSK3G9T082PROD with NOTICES
to Rule 19b–4(f)(6)(iii). The Commission hereby Secretary. (Catalog of Federal Domestic Assistance
grants this request. [FR Doc. 2016–15456 Filed 6–29–16; 8:45 am] Number 59002)
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
BILLING CODE 8011–01–P Dated: June 23, 2016.
13 For purposes only of waiving the 30-day Maria Contreras-Sweet,
operative delay, the Commission has also Administrator.
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See [FR Doc. 2016–15530 Filed 6–29–16; 8:45 am]
15 U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12). BILLING CODE 8025–01–P
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Document Created: 2018-02-08 07:44:49
Document Modified: 2018-02-08 07:44:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 42781 |
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