82_FR_50684 82 FR 50475 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NYSE American Equities Rules 7.31E To Establish a Minimum Dollar Threshold Into the Price Protection Mechanisms

82 FR 50475 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NYSE American Equities Rules 7.31E To Establish a Minimum Dollar Threshold Into the Price Protection Mechanisms

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 209 (October 31, 2017)

Page Range50475-50476
FR Document2017-23581

Federal Register, Volume 82 Issue 209 (Tuesday, October 31, 2017)
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50475-50476]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23581]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81943; File No. SR-NYSEAMER-2017-25]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend 
NYSE American Equities Rules 7.31E To Establish a Minimum Dollar 
Threshold Into the Price Protection Mechanisms

October 25, 2017.
    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 October 13, 2017, NYSE American LLC (the ``Exchange'' or 
``NYSE American'') 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.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend NYSE American Equities Rules 7.31E 
(Orders and Modifiers) to establish a minimum dollar threshold into the 
price protection mechanisms provided for in the rule. 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 amend NYSE American Equities Rules 7.31E 
(Orders and Modifiers) (``Rule 7.31E'') to establish a minimum dollar 
threshold into the price protection mechanisms provided for in the 
rule.
Background
    Rule 7.31E(a)(1)(B) describes the price protection mechanism for 
Market Orders, i.e., Trading Collars. Currently, Rule 7.31E(a)(1)(B)(i) 
provides that the Trading Collar will be based on a price that is a 
specified percentage away from the consolidated last sale price. Rule 
7.31E(a)(1)(B)(i) further provides that the upper (lower) boundary of 
the Trading Collar is the consolidated last sale price increased 
(decreased) by the specified percentage truncated to the minimum price 
variation (``MPV'') for the security.
    Additionally, Rule 7.31E(a)(2)(B) (``Limit Order Price 
Protection'') provides the price protection mechanism for Limit Orders 
and that a Limit Order to buy (sell) will be rejected if it is priced 
at or above (below) a specified percentage away from the National Best 
Offer (National Best Bid) (``NBO'' and ``NBB'', respectively).
Proposed Changes
     Trading Collar: The Exchange proposes to amend Rule 
7.31E(a)(1)(B)(i) to introduce a minimum dollar threshold, of $0.15, 
into the calculation of the Trading Collar. As such, the proposed rule 
would provide that the Trading Collar would be based on a price that is 
the greater of $0.15 or a specified percentage away from the 
consolidated last sale price. Accordingly, the upper (lower) boundary 
of the Trading Collar would be the consolidated last sale price 
increased (decreased), by the greater of $0.15 or the specified 
percentage.
     Limit Order Price Protection: The Exchange proposes to 
amend Rule 7.31E(a)(2)(B) to introduce the same proposed minimum dollar 
threshold that is specified above for the Trading Collar, of $0.15, 
into the Limit Order Price Protection calculation. Accordingly, the 
proposed rule would provide that a Limit Order to buy (sell) would be 
rejected if it was priced at or above (below) the greater of $0.15 or a 
specified percentage away from the NBO (NBB). The Exchange believes 
that the introduction of a minimum dollar threshold enhances the Limit 
Order Price Protection and encourages price continuity specifically in 
lower priced illiquid securities.
    The Exchange believes that adding a minimum dollar threshold to the 
Trading Collar and Limit Order Price Protection calculations would 
enhance the respective price protection mechanisms for securities with 
a consolidated last sale price below $1.50 because using the current 10 
percent multiplier for such securities would result in too narrow of a 
price protection mechanism. This proposed rule change is consistent 
with how other exchanges specify static price collar thresholds for 
lower-price securities. For example, NYSE Arca, Inc. (``NYSE Arca'') 
Rule 7.35-E(e)(7) \4\ provides that for securities with a consolidated 
last sale price under $3.00, the price collar threshold for auction 
collars would be a static $0.15 instead of 5 percent.\5\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 79846 (January 19, 
2017), 82 FR 8548 (January 26, 2017) (SR-NYSEArca-2016-130).
    \5\ See also Nasdaq Stock Market LLC (``Nasdaq'') Rule 4703(d) 
(providing that ``any portion of a Primary Pegging Order or Market 
Pegging Order that would execute . . . at a price more than $0.25 or 
5 percent worse that the NBBO . . . will be cancelled)'' and Bats 
BZX Exchange, Inc. (``Bats'') Rule 27.2, Interpretations and 
Policies .01 and Bats Rule 11.13 (stating that Bats ``will not 
execute any portion of a bid at a price more than the greater of 5 
cents or 0.5 percent higher than the lowest Protected Offer'').
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    In addition, the Exchange proposes to replace the word 
``truncated'' with the words ``rounded down'' \6\ in Rule 
7.31E(a)(1)(B)(i). The Exchange that believes that conforming the 
terminology used within Rule 7.31E \7\ and elsewhere in Exchange's 
rules promotes clarity and transparency.
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    \6\ See Rule 7.46E(f)(2)(A), which provides that references to 
truncating to the MPV in Exchange rules instead mean rounding down 
to the applicable quoting MPV.
    \7\ See Rule 7.31E(a)(2)(B) which provides that ``Limit Order 
Price Protection will be rounded down to the nearest price at the 
applicable MPV.''

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[[Page 50476]]

Implementation
    The Exchange anticipates implementing the proposed changes in the 
fourth quarter of 2017 and will announce the timing of such changes by 
Trader Update.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Exchange Act,\8\ in general, and with Section 
6(b)(5),\9\ 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 facilitating transactions in securities, 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.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed changes would 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, because they would enhance the Exchange's price protection 
mechanisms, which protect from aberrant prices and reduce the 
likelihood of halts, thus improving continuous trading and price 
discovery. Further, the proposal to enhance the price protection 
mechanisms by adding a minimum dollar threshold would assist with the 
maintenance of fair and orderly markets because such mechanisms protect 
investors from potentially receiving executions away from the 
prevailing market prices at any given time. The proposed changes to 
introduce the $0.15 minimum dollar threshold is not novel and is 
similar in nature to that of other national securities exchanges which 
incorporate dollar thresholds into the calculation of the respective 
price protection mechanisms.\10\
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    \10\ See supra note 4.
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    For similar reasons, the Exchange also believes that the proposed 
rule change is consistent with Section 6(b)(5) of the Act,\11\ 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, 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(5).
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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 Act. The proposed rule change is 
not intended to address competitive issues but rather provide for a 
more effective price protection mechanism, specifically for lower-
priced securities.

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 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)(iii) of the Act \12\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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 Comments

     Use 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-NYSEAMER-2017-25 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.

All submissions should refer to File Number SR-NYSEAMER-2017-25. 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 also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change. Persons submitting 
comments are cautioned that we do not redact or 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-NYSEAMER-2017-25 and should be submitted 
on or before November 21, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23581 Filed 10-30-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices                                                50475

                                                    proposed rule change, as modified by                    II. Self-Regulatory Organization’s                    increased (decreased), by the greater of
                                                    Amendments No. 2 and No. 3, on an                       Statement of the Purpose of, and                      $0.15 or the specified percentage.
                                                    accelerated basis.                                      Statutory Basis for, the Proposed Rule                   • Limit Order Price Protection: The
                                                                                                            Change                                                Exchange proposes to amend Rule
                                                    VI. Conclusion
                                                                                                               In its filing with the Commission, the             7.31E(a)(2)(B) to introduce the same
                                                      It is therefore ordered, pursuant to
                                                                                                            self-regulatory organization included                 proposed minimum dollar threshold
                                                    Section 19(b)(2) of the Act,23 that the
                                                                                                            statements concerning the purpose of,                 that is specified above for the Trading
                                                    proposed rule change (SR–BatsBZX–
                                                                                                            and basis for, the proposed rule change               Collar, of $0.15, into the Limit Order
                                                    2017–46), as modified by Amendments
                                                                                                            and discussed any comments it received                Price Protection calculation.
                                                    No. 2 and No. 3 be, and it hereby is,
                                                                                                            on the proposed rule change. The text                 Accordingly, the proposed rule would
                                                    approved on an accelerated basis.
                                                                                                            of those statements may be examined at                provide that a Limit Order to buy (sell)
                                                      For the Commission, by the Division of                the places specified in Item IV below.                would be rejected if it was priced at or
                                                    Trading and Markets, pursuant to delegated              The Exchange has prepared summaries,
                                                    authority.24                                                                                                  above (below) the greater of $0.15 or a
                                                                                                            set forth in sections A, B, and C below,              specified percentage away from the
                                                    Eduardo A. Aleman,                                      of the most significant parts of such                 NBO (NBB). The Exchange believes that
                                                    Assistant Secretary.                                    statements.                                           the introduction of a minimum dollar
                                                    [FR Doc. 2017–23583 Filed 10–30–17; 8:45 am]
                                                                                                            A. Self-Regulatory Organization’s                     threshold enhances the Limit Order
                                                    BILLING CODE 8011–01–P
                                                                                                            Statement of the Purpose of, and the                  Price Protection and encourages price
                                                                                                            Statutory Basis for, the Proposed Rule                continuity specifically in lower priced
                                                    SECURITIES AND EXCHANGE                                 Change                                                illiquid securities.
                                                    COMMISSION                                              1. Purpose                                               The Exchange believes that adding a
                                                                                                                                                                  minimum dollar threshold to the
                                                    [Release No. 34–81943; File No. SR–                        The Exchange proposes to amend
                                                    NYSEAMER–2017–25]                                                                                             Trading Collar and Limit Order Price
                                                                                                            NYSE American Equities Rules 7.31E                    Protection calculations would enhance
                                                                                                            (Orders and Modifiers) (‘‘Rule 7.31E’’) to            the respective price protection
                                                    Self-Regulatory Organizations; NYSE                     establish a minimum dollar threshold
                                                    American LLC; Notice of Filing and                                                                            mechanisms for securities with a
                                                                                                            into the price protection mechanisms
                                                    Immediate Effectiveness of Proposed                                                                           consolidated last sale price below $1.50
                                                                                                            provided for in the rule.
                                                    Rule Change To Amend NYSE                                                                                     because using the current 10 percent
                                                    American Equities Rules 7.31E To                        Background                                            multiplier for such securities would
                                                    Establish a Minimum Dollar Threshold                       Rule 7.31E(a)(1)(B) describes the price            result in too narrow of a price protection
                                                    Into the Price Protection Mechanisms                    protection mechanism for Market                       mechanism. This proposed rule change
                                                                                                            Orders, i.e., Trading Collars. Currently,             is consistent with how other exchanges
                                                    October 25, 2017.
                                                                                                            Rule 7.31E(a)(1)(B)(i) provides that the              specify static price collar thresholds for
                                                       Pursuant to Section 19(b)(1) 1 of the                                                                      lower-price securities. For example,
                                                    Securities Exchange Act of 1934 (the                    Trading Collar will be based on a price
                                                                                                            that is a specified percentage away from              NYSE Arca, Inc. (‘‘NYSE Arca’’) Rule
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                            the consolidated last sale price. Rule                7.35–E(e)(7) 4 provides that for securities
                                                    notice is hereby given that on October
                                                                                                            7.31E(a)(1)(B)(i) further provides that               with a consolidated last sale price under
                                                    13, 2017, NYSE American LLC (the
                                                                                                            the upper (lower) boundary of the                     $3.00, the price collar threshold for
                                                    ‘‘Exchange’’ or ‘‘NYSE American’’) filed
                                                                                                            Trading Collar is the consolidated last               auction collars would be a static $0.15
                                                    with the Securities and Exchange
                                                                                                            sale price increased (decreased) by the               instead of 5 percent.5
                                                    Commission (the ‘‘Commission’’) the
                                                    proposed rule change as described in                    specified percentage truncated to the                    In addition, the Exchange proposes to
                                                    Items I and II below, which Items have                  minimum price variation (‘‘MPV’’) for                 replace the word ‘‘truncated’’ with the
                                                    been prepared by the self-regulatory                    the security.                                         words ‘‘rounded down’’ 6 in Rule
                                                                                                               Additionally, Rule 7.31E(a)(2)(B)                  7.31E(a)(1)(B)(i). The Exchange that
                                                    organization. The Commission is
                                                                                                            (‘‘Limit Order Price Protection’’)                    believes that conforming the
                                                    publishing this notice to solicit
                                                                                                            provides the price protection                         terminology used within Rule 7.31E 7
                                                    comments on the proposed rule change
                                                                                                            mechanism for Limit Orders and that a                 and elsewhere in Exchange’s rules
                                                    from interested persons.
                                                                                                            Limit Order to buy (sell) will be rejected            promotes clarity and transparency.
                                                    I. Self-Regulatory Organization’s                       if it is priced at or above (below) a
                                                    Statement of the Terms of Substance of                  specified percentage away from the                       4 See Securities Exchange Act Release No. 79846
                                                    the Proposed Rule Change                                National Best Offer (National Best Bid)               (January 19, 2017), 82 FR 8548 (January 26, 2017)
                                                       The Exchange proposes to amend                       (‘‘NBO’’ and ‘‘NBB’’, respectively).                  (SR–NYSEArca–2016–130).
                                                                                                                                                                     5 See also Nasdaq Stock Market LLC (‘‘Nasdaq’’)
                                                    NYSE American Equities Rules 7.31E                      Proposed Changes                                      Rule 4703(d) (providing that ‘‘any portion of a
                                                    (Orders and Modifiers) to establish a
                                                                                                              • Trading Collar: The Exchange                      Primary Pegging Order or Market Pegging Order that
                                                    minimum dollar threshold into the price                                                                       would execute . . . at a price more than $0.25 or
                                                                                                            proposes to amend Rule 7.31E(a)(1)(B)(i)
                                                    protection mechanisms provided for in                                                                         5 percent worse that the NBBO . . . will be
                                                                                                            to introduce a minimum dollar                         cancelled)’’ and Bats BZX Exchange, Inc. (‘‘Bats’’)
                                                    the rule. The proposed rule change is
                                                                                                            threshold, of $0.15, into the calculation             Rule 27.2, Interpretations and Policies .01 and Bats
                                                    available on the Exchange’s Web site at                                                                       Rule 11.13 (stating that Bats ‘‘will not execute any
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            of the Trading Collar. As such, the
                                                    www.nyse.com, at the principal office of                                                                      portion of a bid at a price more than the greater of
                                                                                                            proposed rule would provide that the
                                                    the Exchange, and at the Commission’s                                                                         5 cents or 0.5 percent higher than the lowest
                                                                                                            Trading Collar would be based on a                    Protected Offer’’).
                                                    Public Reference Room.
                                                                                                            price that is the greater of $0.15 or a                  6 See Rule 7.46E(f)(2)(A), which provides that

                                                      23 Id.                                                specified percentage away from the                    references to truncating to the MPV in Exchange
                                                                                                            consolidated last sale price.                         rules instead mean rounding down to the applicable
                                                      24 17 CFR 200.30–3(a)(12).                                                                                  quoting MPV.
                                                      1 15 U.S.C.78s(b)(1).                                 Accordingly, the upper (lower)                           7 See Rule 7.31E(a)(2)(B) which provides that
                                                      2 15 U.S.C. 78a.                                      boundary of the Trading Collar would                  ‘‘Limit Order Price Protection will be rounded
                                                      3 17 CFR 240.19b–4.                                   be the consolidated last sale price                   down to the nearest price at the applicable MPV.’’



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                                                    50476                         Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices

                                                    Implementation                                           and, in general, to protect investors and                 Electronic Comments
                                                      The Exchange anticipates                               the public interest.
                                                                                                                                                                          • Use the Commission’s Internet
                                                    implementing the proposed changes in                     B. Self-Regulatory Organization’s                         comment form (http://www.sec.gov/
                                                    the fourth quarter of 2017 and will                      Statement on Burden on Competition                        rules/sro.shtml); or
                                                    announce the timing of such changes by
                                                                                                               The Exchange does not believe that                         • Send an email to rule-comments@
                                                    Trader Update.
                                                                                                             the proposed rule change will impose                      sec.gov. Please include File Number SR–
                                                    2. Statutory Basis                                       any burden on competition that is not                     NYSEAMER–2017–25 on the subject
                                                       The Exchange believes that the                        necessary or appropriate in furtherance                   line.
                                                    proposed rule change is consistent with                  of the purposes of the Act. The
                                                    Section 6(b) of the Exchange Act,8 in                    proposed rule change is not intended to                   Paper Comments
                                                    general, and with Section 6(b)(5),9 in                   address competitive issues but rather
                                                                                                             provide for a more effective price                          • Send paper comments in triplicate
                                                    particular, because it is designed to
                                                                                                             protection mechanism, specifically for                    to Secretary, Securities and Exchange
                                                    prevent fraudulent and manipulative
                                                                                                             lower-priced securities.                                  Commission, 100 F Street NE.,
                                                    acts and practices, to promote just and
                                                    equitable principles of trade, to foster                                                                           Washington, DC 20549–1090.
                                                                                                             C. Self-Regulatory Organization’s
                                                    cooperation and coordination with                        Statement on Comments on the                              All submissions should refer to File
                                                    persons engaged in facilitating                          Proposed Rule Change Received From                        Number SR–NYSEAMER–2017–25. This
                                                    transactions in securities, to remove                    Members, Participants, or Others                          file number should be included on the
                                                    impediments to, and perfect the                                                                                    subject line if email is used. To help the
                                                                                                               No written comments were solicited
                                                    mechanism of, a free and open market                                                                               Commission process and review your
                                                                                                             or received with respect to the proposed
                                                    and a national market system and, in                                                                               comments more efficiently, please use
                                                                                                             rule change.
                                                    general, to protect investors and the                                                                              only one method. The Commission will
                                                    public interest.                                         III. Date of Effectiveness of the                         post all comments on the Commission’s
                                                       The Exchange believes the proposed                    Proposed Rule Change and Timing for                       Internet Web site (http://www.sec.gov/
                                                    changes would remove impediments to                      Commission Action
                                                                                                                                                                       rules/sro.shtml). Copies of the
                                                    and perfect the mechanism of a free and                     Because the foregoing proposed rule
                                                    open market and a national market                                                                                  submission, all subsequent
                                                                                                             change does not: (i) Significantly affect                 amendments, all written statements
                                                    system, and in general, to protect                       the protection of investors or the public
                                                    investors and the public interest,                                                                                 with respect to the proposed rule
                                                                                                             interest; (ii) impose any significant                     change that are filed with the
                                                    because they would enhance the                           burden on competition; and (iii) become
                                                    Exchange’s price protection                                                                                        Commission, and all written
                                                                                                             operative for 30 days from the date on                    communications relating to the
                                                    mechanisms, which protect from                           which it was filed, or such shorter time
                                                    aberrant prices and reduce the                                                                                     proposed rule change between the
                                                                                                             as the Commission may designate, it has                   Commission and any person, other than
                                                    likelihood of halts, thus improving                      become effective pursuant to Section
                                                    continuous trading and price discovery.                                                                            those that may be withheld from the
                                                                                                             19(b)(3)(A)(iii) of the Act 12 and
                                                    Further, the proposal to enhance the                                                                               public in accordance with the
                                                                                                             subparagraph (f)(6) of Rule 19b–4
                                                    price protection mechanisms by adding                    thereunder.13                                             provisions of 5 U.S.C. 552, will be
                                                    a minimum dollar threshold would                            At any time within 60 days of the                      available for Web site viewing and
                                                    assist with the maintenance of fair and                  filing of the proposed rule change, the                   printing in the Commission’s Public
                                                    orderly markets because such                             Commission summarily may                                  Reference Room, 100 F Street NE.,
                                                    mechanisms protect investors from                        temporarily suspend such rule change if                   Washington, DC 20549, on official
                                                    potentially receiving executions away                    it appears to the Commission that such                    business days between the hours of
                                                    from the prevailing market prices at any                 action is: (i) Necessary or appropriate in                10:00 a.m. and 3:00 p.m. Copies of the
                                                    given time. The proposed changes to                      the public interest; (ii) for the protection              filing also will be available for
                                                    introduce the $0.15 minimum dollar                       of investors; or (iii) otherwise in                       inspection and copying at the principal
                                                    threshold is not novel and is similar in                 furtherance of the purposes of the Act.                   office of the Exchange. All comments
                                                    nature to that of other national                         If the Commission takes such action, the                  received will be posted without change.
                                                    securities exchanges which incorporate                   Commission shall institute proceedings                    Persons submitting comments are
                                                    dollar thresholds into the calculation of                to determine whether the proposed rule                    cautioned that we do not redact or edit
                                                    the respective price protection                          should be approved or disapproved.                        personal identifying information from
                                                    mechanisms.10                                                                                                      submissions. You should submit only
                                                       For similar reasons, the Exchange also                IV. Solicitation of Comments
                                                                                                                                                                       information that you wish to make
                                                    believes that the proposed rule change                     Interested persons are invited to                       available publicly. All submissions
                                                    is consistent with Section 6(b)(5) of the                submit written data, views, and                           should refer to File Number SR–
                                                    Act,11 in that it is designed to prevent                 arguments concerning the foregoing,                       NYSEAMER–2017–25 and should be
                                                    fraudulent and manipulative acts and                     including whether the proposed rule                       submitted on or before November 21,
                                                    practices, to promote just and equitable                 change is consistent with the Act.
                                                    principles of trade, to foster cooperation                                                                         2017.
                                                                                                             Comments may be submitted by any of
                                                    and coordination with persons engaged                    the following methods:                                      For the Commission, by the Division of
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    in facilitating transactions in securities,                                                                        Trading and Markets, pursuant to delegated
                                                    to remove impediments to and perfect                       12 15  U.S.C. 78s(b)(3)(A)(iii).                        authority.14
                                                    the mechanism of a free and open                           13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      Eduardo A. Aleman,
                                                    market and a national market system                      4(f)(6) requires a self-regulatory organization to give
                                                                                                             the Commission written notice of its intent to file
                                                                                                                                                                       Assistant Secretary.
                                                                                                             the proposed rule change at least five business days      [FR Doc. 2017–23581 Filed 10–30–17; 8:45 am]
                                                      8 15 U.S.C. 78f(b).                                    prior to the date of filing of the proposed rule          BILLING CODE 8011–01–P
                                                      9 15 U.S.C. 78f(b)(5).                                 change, or such shorter time as designated by the
                                                      10 See supra note 4.
                                                                                                             Commission. The Exchange has satisfied this
                                                      11 15 U.S.C. 78f(b)(5).                                requirement.                                                14 17   CFR 200.30–3(a)(12).



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Document Created: 2018-10-25 10:17:33
Document Modified: 2018-10-25 10:17:33
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 Citation82 FR 50475 

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