82 FR 47586 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend FINRA Rule 6121 To Reflect Recent Amendments to the Regulation NMS Plan To Address Extraordinary Market Volatility
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 196 (October 12, 2017)
Federal Register Volume 82, Issue 196 (October 12, 2017)
| Page Range | 47586-47588 | |
| FR Document | 2017-21994 |
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)] [Notices] [Pages 47586-47588] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81824; File No. SR-FINRA-2017-031] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend FINRA Rule 6121 To Reflect Recent Amendments to the Regulation NMS Plan To Address Extraordinary Market Volatility October 5, 2017. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on September 29, 2017, Financial Industry Regulatory Authority, Inc. (``FINRA'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by FINRA. FINRA has designated the proposed rule change as constituting a ``non- controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which renders the proposal effective upon receipt of this filing by the Commission. 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\ 17 CFR 240.19b-4. \3\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change FINRA is proposing to amend FINRA Rule 6121 (Trading Halts Due to Extraordinary Market Volatility) to reflect recent amendments to the Regulation NMS Plan to Address Extraordinary Volatility (``Plan'') regarding the resumption of trading in a security subject to the Plan.\4\ --------------------------------------------------------------------------- \4\ Unless otherwise specified, the capitalized terms used herein have the same meanings as set forth in the Plan. --------------------------------------------------------------------------- The text of the proposed rule change is available on FINRA's Web site at http://www.finra.org, at the principal office of FINRA 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, FINRA included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. FINRA has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose FINRA Rule 6121.01 (Resumption of Trading in Securities Subject to the Regulation NMS Plan to Address Extraordinary Market Volatility) (``Rule'') addresses the circumstances under which a member may resume trading otherwise than on an exchange following a Trading Pause or Regulatory Halt in an NMS Stock that is subject to the Plan. The Rule currently provides that, following a Trading Pause or Regulatory Halt in an NMS Stock that is subject to the Plan, a member may resume trading otherwise than on an exchange if trading has commenced on the Primary Listing Exchange (or on another national securities exchange in the case of the resumption of trading following a ten-minute Trading Pause) and either: (1) The member has received the Price Bands from the Processor; or (2) if immediately following a Trading Pause or Regulatory Halt the member has not yet received the Price Bands from the Processor, the member has calculated an upper price band and lower price band consistent with the methodology provided for in Section V of the Plan and ensures that any transactions prior to the receipt of the Price Bands from the Processor are within the ranges provided for pursuant to the Plan. In addition, the Rule provides that, where the Primary Listing Exchange does not reopen for trading at the end of a ten-minute Trading Pause (and has issued notice that it cannot resume trading for a reason other than a significant imbalance), a member may resume trading otherwise than on an exchange if trading has commenced in such NMS Stock on at least one other national securities exchange. On January 19, 2017, the Commission approved the Twelfth Amendment to the Plan, which provides, among other things, that a Trading Pause will continue until the Primary Listing Exchange has reopened trading using its established reopening procedures, even if such reopening is more than 10 minutes after the beginning of a Trading [[Page 47587]] Pause.\5\ The Twelfth Amendment generally provides that the only time trading may resume in the absence of a Reopening Price from the Primary Listing Exchange is if the Primary Listing Exchange notifies the Processor that it is unable to reopen due to a systems or technology issue. --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 79410 (November 28, 2016), 81 FR 87114 (December 2, 2016) (Notice of Filing of the Twelfth Amendment to the National Market System Plan to Address Extraordinary Market Volatility) (``Twelfth Amendment''); see also Securities Exchange Act Release No. 79845 (January 19, 2017), 82 FR 8551 (January 26, 2017) (Order Approving the Twelfth Amendment to the National Market System Plan to Address Extraordinary Market Volatility) (``Approval Order''). --------------------------------------------------------------------------- To conform to this change, FINRA is amending Rule 6121.01 to provide that a member may not resume trading otherwise than on an exchange following a Trading Pause or Regulatory Halt in an NMS Stock that is subject to the Plan unless trading has commenced on the Primary Listing Exchange and either: (1) The member has received the Price Bands from the Processor; or (2) if the Processor hasn't yet disseminated Price Bands, but a Reference Price is available, the member calculates and applies Price Bands based on the same Reference Price that the Processor would use for calculating such Price Bands until such member receives Price Bands from the Processor, consistent with Section V(A)(1) \6\ of the Plan (i.e., ``Synthetic Price Bands''). Thus, consistent with the Twelfth Amendment, the proposed amendments provide that a member may only use Synthetic Price Bands in the limited circumstance where a Reference Price is available but Price Bands have not yet been disseminated by the Processor.\7\ --------------------------------------------------------------------------- \6\ FINRA is correcting a reference to the Plan in the existing rule text by replacing ``Section VI(A)(1)'' with ``Section V(A)(1).'' \7\ See supra note 5. --------------------------------------------------------------------------- Finally, the proposed amendments provide that a member may, nonetheless, resume trading otherwise than on an exchange in an NMS Stock that is subject to the Plan if the Primary Listing Exchange notifies the Processor that it is unable to reopen the security due to a systems or technology issue, or if the Primary Listing Exchange reopens trading with a quotation that has a zero bid or zero offer, or both, and: (1) The member has received the Price Bands from the Processor; and (2) trading has commenced on at least one other national securities exchange. In these limited circumstances, trading may resume otherwise than on an exchange in the absence of a Reopening Price from the Primary Listing Exchange, but only where the member has received the Price Bands from the Processor and at least one other national security exchange has already resumed trading. FINRA believes that requiring trading to first commence on at least one other national securities exchange prior to the resumption of trading over the counter continues to be appropriate and is consistent with existing FINRA rules and guidance regarding the resumption of over-the-counter trading in a paused security.\8\ --------------------------------------------------------------------------- \8\ See FAQ #6 (When can trading in a paused security resume?) in Regulatory Notice 10-30 (June 2010); see also Regulatory Notice 13-12 (March 2013). --------------------------------------------------------------------------- FINRA has filed the proposed rule change for immediate effectiveness. The operative date of the proposed rule change will be the same as the implementation date of the Twelfth Amendment to the Plan.\9\ --------------------------------------------------------------------------- \9\ See Securities Exchange Act Release No. 81720 (September 26, 2017), https://www.sec.gov/rules/sro/nms/2017/34-81720.pdf (Notice of Filing and Immediate Effectiveness of the Fifteenth Amendment to the National Market System Plan to Address Extraordinary Market Volatility) (providing that the implementation date for the changes to the Plan set forth in the Twelfth and Thirteenth Amendment would be changed to no later than November 30, 2017). --------------------------------------------------------------------------- 2. Statutory Basis FINRA believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act,\10\ which requires, among other things, that FINRA rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \10\ 15 U.S.C. 78o-3(b)(6). --------------------------------------------------------------------------- The proposed rule change is designed to conform to the Twelfth Amendment to the Plan, which was approved by the Commission as being consistent with Section 11A of the Act \11\ and Rule 608 thereunder \12\ because it is appropriate in the public interest, for the protection of investors and the maintenance of fair and orderly markets, and that it removes impediments to, and perfects the mechanism of, a national market system.\13\ The proposed rule change seeks to help ensure that the goals of the Plan are met; thus, FINRA believes that the proposed rule change will further the goals of investor protection and fair and orderly markets. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78k-1. \12\ 17 CFR 242.608. \13\ See Approval Order at 8552. --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition FINRA does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change seeks to conform the requirements applicable to member trading otherwise than on an exchange under the Rule to the Twelfth Amendment to the Plan. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing 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 \14\ and Rule 19b- 4(f)(6) thereunder.\15\ --------------------------------------------------------------------------- \14\ 15 U.S.C. 78s(b)(3)(A). \15\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- 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 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 rule-comments@sec.gov. Please include File Number SR-FINRA-2017-031 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. [[Page 47588]] All submissions should refer to File Number SR-FINRA-2017-031. 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 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of FINRA. 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-FINRA-2017-031 and should be submitted on or before November 2, 2017. --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-21994 Filed 10-11-17; 8:45 am] BILLING CODE 8011-01-P
![47586 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
crowd, where they cannot control the SECURITIES AND EXCHANGE comments it received on the proposed
size or frequency of trading interest.20 COMMISSION rule change. The text of these statements
The Exchange asserts that the New may be examined at the places specified
[Release No. 34–81824; File No. SR–FINRA–
Alternative serves as a reasonable 2017–031] in Item IV below. FINRA has prepared
standard by which to assess the level of summaries, set forth in sections A, B,
liquidity provided by non-SQT ROTs, Self-Regulatory Organizations; and C below, of the most significant
albeit with a focus on an additional Financial Industry Regulatory aspects of such statements.
liquidity metric of fewer trades that are Authority, Inc.; Notice of Filing and
A. Self-Regulatory Organization’s
larger in size.21 The Exchange states Immediate Effectiveness of a Proposed
Statement of the Purpose of, and
that, since 100 transactions is only 33% Rule Change To Amend FINRA Rule
Statutory Basis for, the Proposed Rule
of the current requirement, it proposes 6121 To Reflect Recent Amendments
Change
to increase the total number of executed to the Regulation NMS Plan To
contracts requirement in the New Address Extraordinary Market 1. Purpose
Alternative by 900 percent to 10,000 Volatility
FINRA Rule 6121.01 (Resumption of
contracts, so as not to dilute the overall October 5, 2017. Trading in Securities Subject to the
trading requirement.22 The Commission Pursuant to Section 19(b)(1) of the Regulation NMS Plan to Address
therefore believes that the Exchange’s Securities Exchange Act of 1934 Extraordinary Market Volatility)
proposal should continue to encourage (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (‘‘Rule’’) addresses the circumstances
active market making and thereby notice is hereby given that on under which a member may resume
promote the provision of liquidity to the September 29, 2017, Financial Industry trading otherwise than on an exchange
market. The Commission also notes that Regulatory Authority, Inc. (‘‘FINRA’’) following a Trading Pause or Regulatory
non-SQT ROTs continue to have the filed with the Securities and Exchange Halt in an NMS Stock that is subject to
option of complying with the current Commission (‘‘SEC’’ or ‘‘Commission’’) the Plan.
requirement (i.e., the 1000/300 the proposed rule change as described
in Items I, II, and III below, which Items The Rule currently provides that,
Alternative) if they so choose. following a Trading Pause or Regulatory
Accordingly, the Commission believes have been prepared by FINRA. FINRA
has designated the proposed rule change Halt in an NMS Stock that is subject to
that the Exchange’s proposed the Plan, a member may resume trading
as constituting a ‘‘non-controversial’’
amendments to create the New otherwise than on an exchange if
rule change under paragraph (f)(6) of
Alternative standard to satisfy the Rule 19b–4 under the Act,3 which trading has commenced on the Primary
quarterly trading requirement is renders the proposal effective upon Listing Exchange (or on another national
reasonably designed to preserve the receipt of this filing by the Commission. securities exchange in the case of the
market making function performed by The Commission is publishing this resumption of trading following a ten-
non-SQT ROTs and thereby serves to notice to solicit comments on the minute Trading Pause) and either: (1)
maintain a fair and orderly market and proposed rule change from interested The member has received the Price
should remove impediments to and persons. Bands from the Processor; or (2) if
perfect the mechanism of a free and immediately following a Trading Pause
I. Self-Regulatory Organization’s
open market and a national market or Regulatory Halt the member has not
Statement of the Terms of Substance of
system and help protect investors and yet received the Price Bands from the
the Proposed Rule Change
the public interest, consistent with Processor, the member has calculated an
Section 6(b)(5) of the Act. FINRA is proposing to amend FINRA upper price band and lower price band
Rule 6121 (Trading Halts Due to consistent with the methodology
IV. Conclusion Extraordinary Market Volatility) to provided for in Section V of the Plan
reflect recent amendments to the and ensures that any transactions prior
It is therefore ordered, pursuant to Regulation NMS Plan to Address
Section 19(b)(2) of the Act 23 that the to the receipt of the Price Bands from
Extraordinary Volatility (‘‘Plan’’) the Processor are within the ranges
proposed rule change (SR–Phlx–2017– regarding the resumption of trading in a
67), be, and hereby is, approved. provided for pursuant to the Plan. In
security subject to the Plan.4 addition, the Rule provides that, where
For the Commission, by the Division of The text of the proposed rule change
the Primary Listing Exchange does not
Trading and Markets, pursuant to delegated is available on FINRA’s Web site at
reopen for trading at the end of a ten-
authority.24 http://www.finra.org, at the principal
minute Trading Pause (and has issued
Eduardo A. Aleman, office of FINRA and at the
notice that it cannot resume trading for
Commission’s Public Reference Room.
Assistant Secretary. a reason other than a significant
[FR Doc. 2017–21996 Filed 10–11–17; 8:45 am] II. Self-Regulatory Organization’s imbalance), a member may resume
BILLING CODE 8011–01–P
Statement of the Purpose of, and trading otherwise than on an exchange
Statutory Basis for, the Proposed Rule if trading has commenced in such NMS
Change Stock on at least one other national
In its filing with the Commission, securities exchange.
FINRA included statements concerning On January 19, 2017, the Commission
asabaliauskas on DSKBBXCHB2PROD with NOTICES
the purpose of and basis for the approved the Twelfth Amendment to
proposed rule change and discussed any the Plan, which provides, among other
things, that a Trading Pause will
20 See id. at 39928.
1 15 U.S.C. 78s(b)(1). continue until the Primary Listing
2 17 CFR 240.19b–4.
21 See id. at 39927 and 39928. Exchange has reopened trading using its
3 17 CFR 240.19b–4(f)(6).
22 See id. at 39927.
4 Unless otherwise specified, the capitalized
established reopening procedures, even
23 15 U.S.C. 78s(b)(2).
terms used herein have the same meanings as set
if such reopening is more than 10
24 17 CFR 200.30–3(a)(12). forth in the Plan. minutes after the beginning of a Trading
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![47588 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
All submissions should refer to File SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s
Number SR–FINRA–2017–031. This file COMMISSION Statement of the Purpose of, and
number should be included on the Statutory Basis for, the Proposed Rule
subject line if email is used. To help the [Release No. 34–81828; File No. SR– Change
Commission process and review your NYSEAMER–2017–22]
comments more efficiently, please use In its filing with the Commission, the
only one method. The Commission will Self-Regulatory Organizations; NYSE self-regulatory organization included
post all comments on the Commission’s American LLC; Notice of Filing and statements concerning the purpose of,
Internet Web site (http://www.sec.gov/ Immediate Effectiveness of Proposed and basis for, the proposed rule change
rules/sro.shtml). Copies of the and discussed any comments it received
Change To Modify the NYSE American
submission, all subsequent on the proposed rule change. The text
Options Fee Schedule
amendments, all written statements of those statements may be examined at
with respect to the proposed rule October 5, 2017. the places specified in Item IV below.
change that are filed with the The Exchange has prepared summaries,
Commission, and all written Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the set forth in sections A, B, and C below,
communications relating to the of the most significant parts of such
proposed rule change between the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on October statements.
Commission and any person, other than
those that may be withheld from the 4, 2017, NYSE American LLC (the A. Self-Regulatory Organization’s
public in accordance with the ‘‘Exchange’’ or ‘‘NYSE American’’) filed Statement of the Purpose of, and the
provisions of 5 U.S.C. 552, will be with the Securities and Exchange Statutory Basis for, the Proposed Rule
available for Web site viewing and Commission (the ‘‘Commission’’) the Change
printing in the Commission’s Public proposed rule change as described in
Reference Room, 100 F Street NE., Items I, II, and III below, which Items 1. Purpose
Washington, DC 20549, on official have been prepared by the self- The purpose of this filing is to modify
business days between the hours of 10 regulatory organization. The
a.m. and 3 p.m. Copies of such filing the Fee Schedule, effective October 4,
Commission is publishing this notice to 2017. Specifically, the Exchange
also will be available for inspection and solicit comments on the proposed rule
copying at the principal office of proposes to (i) modify the monthly rates
change from interested persons. for certain American Trading Permits
FINRA. All comments received will be
posted without change; the Commission I. Self-Regulatory Organization’s (each an ‘‘ATP’’); and (ii) reduce the
does not edit personal identifying Statement of the Terms of Substance of Messages to Contracts Traded Ratio
information from submissions. You the Proposed Rule Change Fees.
should submit only information that
The Exchange proposes to modify the Monthly ATP Fees
you wish to make available publicly. All
submissions should refer to File NYSE American Options Fee Schedule NYSE American Market Makers (each,
Number SR–FINRA–2017–031 and (‘‘Fee Schedule’’). The Exchange an ‘‘MM’’) must have a certain number
should be submitted on or before proposes to implement the fee change of ATPs each month in order to submit
November 2, 2017. effective October 4, 2017.4 The electronic quotations in option issues in
For the Commission, by the Division of proposed change is available on the their appointment.5 The Exchange
Trading and Markets, pursuant to delegated Exchange’s Web site at www.nyse.com, currently employs a sliding scale for the
authority.16 at the principal office of the Exchange, cost to each MM per ATP, with the
Eduardo A. Aleman, and at the Commission’s Public amount decreasing as the number of
Assistant Secretary. Reference Room. ATPs utilized increases, as follows: 6
[FR Doc. 2017–21994 Filed 10–11–17; 8:45 am]
BILLING CODE 8011–01–P
Monthly fee
ATP type Number of issues permitted in a market makers quoting assignment
per ATP
MM 1st ATP .................................................................. $8,000 60 plus the Bottom 45%.
MM 2nd ATP ................................................................ 6,000 150 plus the Bottom 45%.
MM 3rd ATP ................................................................. 5,000 500 plus the Bottom 45%.
MM 4th ATP ................................................................. 4,000 1,100 plus the Bottom 45%.
MM 5th ATP ................................................................. 3,000 All issues traded on the Exchange.
MM 6th or more ATPs .................................................. 2,000 All issues traded on the Exchange.
Thus, an MM that would like the must pay for the requisite number of needs to be able to submit quotes in all
privilege of quoting in all issues traded ATPs for each individual MM to submit issues traded on the Exchange. In this
asabaliauskas on DSKBBXCHB2PROD with NOTICES
on the Exchange must have at least five quotes on the Exchange. For example, example, the MM firm would have to
ATPs. And, if an MM firm sponsors assume an MM firm has three pay for 15 ATPs (five for each
multiple individual MMs, the MM firm individual MMs and that each MM individual MM).
16 17 CFR 200.30–3(a)(12). 4 The Exchange originally filed to amend the Fee publicdocs/nyse/markets/american-options/NYSE_
1 15 U.S.C.78s(b)(1). Schedule on September 29, 2017 (SR–NYSEAmer– American_Options_Fee_Schedule.pdf.
2 15 U.S.C. 78a. 2017–20) and withdrew such filing on October 4, 6 See id. (providing, in relevant part, that ‘‘[e]ach
3 17 CFR 240.19b–4.
2017. calendar quarter, with a one-month lag, the
5 See Fee Schedule, Section III.A. (Monthly ATP Exchange will publish on its Web site a list of the
Fees), available here, https://www.nyse.com/ Bottom 45% of issues traded’’).
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Document Created: 2018-10-25 10:06:32
Document Modified: 2018-10-25 10:06:32
| 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 | 82 FR 47586 |
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