81 FR 80703 - 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 221 (November 16, 2016)
Federal Register Volume 81, Issue 221 (November 16, 2016)
| Page Range | 80703-80705 | |
| FR Document | 2016-27470 |
[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)] [Notices] [Pages 80703-80705] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27470] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79275; File No. SR-NYSEArca-2016-146] 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 November 9, 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 November 9, 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 November 9, 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 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 November 9, 2016 only. On November 8, 2016, the United States held an election to decide, among other things, the next President of the United States. This election result has caused market volatility. This spike in market volatility has also impacted the pricing of Exchange Traded Products (``ETP''), the majority of which are listed on the Exchange. Because of the level of market volatility, the Exchange believes that widening the Auction Collars for the Core Open Auction and Trading Halt Auctions for November 9, 2016 only would assist the Exchange in conducting fair and orderly auctions. As set forth in Rule 7.35(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 7.35(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 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 [[Page 80704]] 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 7.35(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 results of the presidential election on November 8, 2016 has resulted in global market volatility and the U.S. ETP market is not immune. In response to this 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 November 9, 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 market volatility due to the results of the presidential election, In addition, the proposed rule change is intended to be in effect for November 9, 2016 only to respond to unique events relating to U.S. presidential election 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 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 market volatility due to the U.S. presidential election. 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-2016-146 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-2016-146. 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 [[Page 80705]] 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-2016-146, and should be submitted on or before December 7, 2016. --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ Brent J. Fields, Secretary. [FR Doc. 2016-27470 Filed 11-15-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices 80703
Electronic Comments SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s
COMMISSION Statement of the Purpose of, and the
• Use the Commission’s Internet Statutory Basis for, the Proposed Rule
comment form (http://www.sec.gov/ Change
[Release No. 34–79275; File No. SR–
rules/sro.shtml); or
NYSEArca–2016–146] 1. Purpose
• Send an email to rule-comments@
sec.gov. Please include File Number SR– Self-Regulatory Organizations; NYSE The Exchange proposes to temporarily
NASDAQ–2016–150 on the subject line. Arca, Inc.; Notice of Filing and widen price collar thresholds for the
Immediate Effectiveness of Proposed Core Open Auction and Trading Halt
Paper Comments Auctions, which would be operative for
Rule Change To Temporarily Widen
November 9, 2016 only.
• Send paper comments in triplicate Price Collar Thresholds for the Core
Open Auction and Trading Halt On November 8, 2016, the United
to Secretary, Securities and Exchange
Auctions States held an election to decide, among
Commission, 100 F Street NE.,
other things, the next President of the
Washington, DC 20549–1090. United States. This election result has
November 9, 2016.
All submissions should refer to File caused market volatility. This spike in
Pursuant to Section 19(b)(1) 1 of the
Number SR–NASDAQ–2016–150. This market volatility has also impacted the
Securities Exchange Act of 1934 (the pricing of Exchange Traded Products
file number should be included on the ‘‘Act’’),2 and Rule 19b–4 thereunder,3
subject line if email is used. To help the (‘‘ETP’’), the majority of which are listed
notice is hereby given that on November on the Exchange.
Commission process and review your 9, 2016, NYSE Arca, Inc. (the
comments more efficiently, please use Because of the level of market
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with volatility, the Exchange believes that
only one method. The Commission will the Securities and Exchange
post all comments on the Commission’s widening the Auction Collars for the
Commission (the ‘‘Commission’’) the Core Open Auction and Trading Halt
Internet Web site (http://www.sec.gov/ proposed rule change as described in
rules/sro.shtml). Copies of the Auctions for November 9, 2016 only
Items I and II below, which Items have would assist the Exchange in
submission, all subsequent been prepared by the self-regulatory conducting fair and orderly auctions.
amendments, all written statements organization. The Commission is As set forth in Rule 7.35(a)(10), the
with respect to the proposed rule publishing this notice to solicit price collar thresholds for the Core
change that are filed with the comments on the proposed rule change Open Auction and Trading Halt
Commission, and all written from interested persons. Auctions are currently set at 10% for
communications relating to the securities with an Auction Reference
proposed rule change between the I. Self-Regulatory Organization’s Price of $25.00 or less, 5% for securities
Commission and any person, other than Statement of the Terms of Substance of with an Auction Reference Price greater
those that may be withheld from the the Proposed Rule Change than $25.00 but less than or equal to
public in accordance with the $50.00, and 3% for securities with an
provisions of 5 U.S.C. 552, will be The Exchange proposes to temporarily
widen price collar thresholds for the Auction Reference Price greater than
available for Web site viewing and $50.00.4
printing in the Commission’s Public Core Open Auction and Trading Halt
Auctions, which would be operative on The Exchange proposes to apply
Reference Room, 100 F Street NE., Auction Collars of 10% for all Auction-
Washington, DC 20549, on official November 9, 2016 only. The proposed
Eligible Securities,5 regardless of the
business days between the hours of rule change is available on the
Auction Reference Price. The Exchange
10:00 a.m. and 3:00 p.m. Copies of the Exchange’s Web site at www.nyse.com, believes that for securities priced greater
filing also will be available for at the principal office of the Exchange, than $25.00, the proposed wider price
inspection and copying at the principal and at the Commission’s Public collar threshold will allow for
office of the Exchange. All comments Reference Room. additional price movements that is
received will be posted without change; II. Self-Regulatory Organization’s expected because of the volatility in the
the Commission does not edit personal Statement of the Purpose of, and market, while continuing to prevent
identifying information from Statutory Basis for, the Proposed Rule auctions from occurring at prices
submissions. You should submit only Change significantly away from the applicable
information that you wish to make Auction Reference Price. The proposed
available publicly. All submissions In its filing with the Commission, the 10% price collar threshold for the Core
should refer to File Number SR– self-regulatory organization included Open Auction is the same as currently
NASDAQ–2016–150 and should be statements concerning the purpose of,
submitted on or before December 7, and basis for, the proposed rule change 4 The Auction Reference Price for the Core Open
Auction is the midpoint of the Auction NBBO or,
2016. and discussed any comments it received if the Auction NBBO is locked, the locked price. If
on the proposed rule change. The text there is no Auction NBBO, the prior trading day’s
For the Commission, by the Division of
of those statements may be examined at Official Closing Price. The Auction Reference Price
Trading and Markets, pursuant to delegated for the Trading Halt Auction is the last consolidated
authority.7
the places specified in Item IV below.
round-lot price of that trading day, and if none, the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The Exchange has prepared summaries, prior trading day’s Official Closing Price. See NYSE
Brent J. Fields,
set forth in sections A, B, and C below, Arca Equities Rule 7.35(a)(8).
Secretary. of the most significant parts of such 5 For the Core Open Auction, Auction-Eligible
[FR Doc. 2016–27472 Filed 11–15–16; 8:45 am] Securities are all securities for which the Exchange
statements. is the primary listing market and UTP Securities
BILLING CODE 8011–01–P
designated by the Exchange. For the Trading Halt
1 15
Auction, Auction-Eligible Securities are securities
U.S.C. 78s(b)(1).
for which the Exchange is the primary listing
2 15 U.S.C. 78a. market. See NYSE Arca Equities Rule 7.35(a)(1)(A)
7 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. and (B).
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![Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices 80705
available for Web site viewing and Exchange pursuant to EDGX Rules User (other than a Market Maker 9)
printing in the Commission’s Public 15.1(a) and (c). identifies to the Exchange, in writing, as
Reference Room, 100 F Street NE., a Clearing Member the User requests the
II. Self-Regulatory Organization’s
Washington, DC 20549 on official ability to give up. With this change, a
Statement of the Purpose of, and
business days between the hours of Member acting as an options routing
Statutory Basis for, the Proposed Rule
10:00 a.m. and 3:00 p.m. Copies of such firm on behalf of one or more other
filing also will be available for Change Exchange Members (a ‘‘Routing Firm’’)
inspection and copying at the principal In its filing with the Commission, the is able to route orders to the Exchange
office of the Exchange. All comments Exchange included statements and to immediately give up the party (a
received will be posted without change; concerning the purpose of and basis for party other than the Routing Firm itself
the Commission does not edit personal the proposed rule change and discussed or the Routing Firm’s own clearing firm)
identifying information from any comments it received on the who will accept and clear any resulting
submissions. You should submit only proposed rule change. The text of these transaction. Because the Routing Firm is
information that you wish to make statements may be examined at the responsible for the decision to route the
available publicly. All submissions places specified in Item IV below. The order to the Exchange, the Exchange
should refer to File Number SR– Exchange has prepared summaries, set believes that such Member should be
NYSEArca–2016–146, and should be forth in Sections A, B, and C below, of provided the rebate when orders that
submitted on or before December 7, the most significant parts of such yield fee code NC or PC are executed.
2016. statements. In connection with this change, the
For the Commission, by the Division of Exchange proposes to append new
Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s footnote 5 to fee codes NC and PC in the
authority.14 Statement of the Purpose of, and Fee Codes and Associated Fees table of
Brent J. Fields, Statutory Basis for, the Proposed Rule the fee schedule.
Secretary. Change
2. Statutory Basis
[FR Doc. 2016–27470 Filed 11–15–16; 8:45 am] 1. Purpose The Exchange believes that the
BILLING CODE 8011–01–P
The Exchange proposes to amend its proposed rule change is consistent with
fee schedule to specify in new footnote the requirements of the Act and the
5 that when Customer 4 orders are rules and regulations thereunder that
SECURITIES AND EXCHANGE
submitted with a Designated Give Up, as are applicable to a national securities
COMMISSION
defined below, the applicable rebates for exchange, and, in particular, with the
[Release No. 34–79273; File No. SR– such orders when executed on the requirements of Section 6 of the Act.10
BatsEDGX–2016–62] Specifically, the Exchange believes that
Exchange (yielding fee code NC or PC) 5
are provided to the Member who routed the proposed rule change is consistent
Self-Regulatory Organizations; Bats with Section 6(b)(4) of the Act,11 in that
EDGX Exchange, Inc.; Notice of Filing the order to the Exchange.
it provides for the equitable allocation
and Immediate Effectiveness of a The Exchange recently amended Rule of reasonable dues, fees and other
Proposed Rule Change to Fees for Use 21.12 (Clearing Member Give Up) to charges among members and other
of the Exchange’s Equity Options expand upon the procedure related to persons using any facility or system
Platform the ‘‘give up’’ of a Clearing Member 6 by which the Exchange operates or
Users 7 on the Exchange.8 As amended, controls.
November 9, 2016.
Rule 21.12 provides that, in addition to The Exchange notes that the U.S.
Pursuant to Section 19(b)(1) of the its own Clearing Member (or itself, if the
Securities Exchange Act of 1934 (the options markets are highly competitive,
firm is self-clearing), a User may and the proposed fee structure is
‘‘Act’’),1 and Rule 19b–4 thereunder,2
identify to the Exchange a Designated intended to provide an incentive for
notice is hereby given that on November
Give Up, as that term is defined in the Members utilizing the Exchange’s new
1, 2016, Bats EDGX Exchange, Inc. (the
Rule. Specifically, amended Rule give up procedure to direct orders to the
‘‘Exchange’’ or ‘‘EDGX’’) filed with the
21.12(b)(1) defines the term Designated Exchange. The proposal would only
Securities and Exchange Commission
Give Up as any Clearing Member that a apply to fee codes NC and PC, related
(the ‘‘Commission’’) the proposed rule
change as described in Items I, II, and to Customer orders, because these are
4 As defined in the Exchange’s fee schedule
III below, which Items have been the primary rebates in place on the
available at http://www.bats.com/us/options/
prepared by the Exchange. The membership/fee_schedule/edgx/.
Exchange 12 and reflect the primary
Commission is publishing this notice to 5 Fee codes NC and PC are appended to Customer liquidity that the Exchange is seeking to
solicit comments on the proposed rule orders in Non-Penny Pilot and Penny Pilot attract from Routing Firms that are
change from interested persons. Securities, respectively. Id. likely to utilize the give up procedure.
6 A Clearing Member is defined as ‘‘an Options
The Exchange believes that the
I. Self-Regulatory Organization’s Member that is self-clearing or an Options Member
proposed amendments to its fee
Statement of the Terms of the Substance that clears EDGX Options Transactions for other
Members of EDGX Options.’’ See Exchange Rule
of the Proposed Rule Change 16.1(a)(15). An Option Member is defined as ‘‘a 9 For purposes of this filing, Market Maker refers
The Exchange filed a proposal to firm, or organization that is registered with the to Members acting in the capacity of Market Maker
Exchange pursuant to Chapter XVII of these Rules and includes all Exchange Market Maker capacities
asabaliauskas on DSK3SPTVN1PROD with NOTICES
amend the fee schedule applicable to e.g., Primary Market Makers.
for purposes of participating in options trading on
Members 3 and non-Members of the EDGX Options as an ‘Options Order Entry Firm’ or 10 15 U.S.C. 78f.
‘Options Market Maker.’’’ See Exchange Rule 11 15 U.S.C. 78f(b)(4).
14 17 CFR 200.30–3(a)(12). 16.1(a)(38). 12 The Exchange notes that Market Maker orders
1 15 U.S.C. 78s(b)(1). 7 A User is defined as ‘‘any Options Member or
yielding fee codes NM and PM do indeed receive
2 17 CFR 240.19b–4. Sponsored Participant who is authorized to obtain rebates to the extent a Member qualifies for Market
3 The term ‘‘Member’’ is defined as ‘‘any access to the System pursuant to Rule 11.3 Maker Volume Tier 6 pursuant to footnote 2 of the
registered broker or dealer that has been admitted (Access).’’ See Exchange Rule 16.1(a)(63). fee schedule. The Exchange, however, again notes
to membership in the Exchange.’’ See Exchange 8 See Securities Exchange Act Release No. 79184 that Market Makers are expressly excluded from
Rule 1.5(n). (October 28, 2016) (SR–BatsEDGX–2016–58). utilizing the give up procedure.
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Document Created: 2016-11-16 00:58:00
Document Modified: 2016-11-16 00:58:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 80703 |
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