82_FR_52105 82 FR 51890 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NYSE Arca Rules 7.31-E and 7.35-E

82 FR 51890 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NYSE Arca Rules 7.31-E and 7.35-E

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 215 (November 8, 2017)

Page Range51890-51892
FR Document2017-24255

Federal Register, Volume 82 Issue 215 (Wednesday, November 8, 2017)
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51890-51892]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24255]



[[Page 51890]]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82004; File No. SR-NYSEArca-2017-126]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend NYSE Arca 
Rules 7.31-E and 7.35-E

November 2, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that, on October 20, 2017, NYSE Arca, Inc. (``Exchange'' or ``NYSE 
Arca'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE Arca Rules 7.31-E (Orders and 
Modifiers) and 7.35-E (Auctions) to establish a minimum dollar 
threshold into the price protection mechanisms provided for in the 
respective rules; (2) clarify the order processing specified in Rule 
7.35-E(e)(8)(C); and (3) make technical non-substantive changes to 
Rules 7.31-E and 7.35-E. 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: (1) Amend NYSE Arca Rules 7.31-E (Orders 
and Modifiers) and NYSE Arca Rule 7.35-E (Auctions) to establish a 
minimum dollar threshold into the price protection mechanisms provided 
for in the respective rules; (2) clarify the order processing specified 
in Rule 7.35-E(e)(8)(C); and (3) make technical non-substantive changes 
to Rules 7.31-E and 7.35-E.
Proposed Changes To Establish a Minimum Dollar Threshold for Price 
Protection Mechanisms
    Rule 7.31-E(a)(1)(B) describes the price protection mechanism for 
Market Orders, i.e., Trading Collars. Currently, Rule 7.31-
E(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 7.31-E (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 7.31-E(a)(2)(B) describes the price protection 
mechanism for Limit Orders, i.e. Limit Order Price Protection. 
Currently, Rule 7.31-E(a)(2)(B) provides that a Limit Orders 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).
    Rule 7.35-E(a)(10) describes the price protection mechanism for 
Auctions, i.e., Auction Collar. Currently, Rule 7.35-E(a)(10)(A) 
provides that the Auction Collar for the Core Open Auction and Closing 
Auction is based on a price that is a specified percentage away from 
the Auction Reference Price for the applicable auction. The upper 
(lower) boundary of the Auction Collar is the Auction Reference Price 
increased (decreased) by the specified percentage, truncated to the 
MPV.
    The Exchange proposes to amend these price protection mechanisms to 
introduce a minimum dollar threshold for lower-price securities, as 
follows:
     Trading Collar: The Exchange proposes to amend Rule 7.31-
E(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. Accordingly, the upper boundary and lower boundary of the 
Trading Collar would be the consolidated last sale price increased and 
decreased, respectively, by the greater of $0.15 or the specified 
percentage.
     Limit Order Price Protection: The Exchange proposes to 
amend Rule 7.31-E(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.
     Auction Collar: Similarly, the Exchange also proposes to 
amend Rule 7.35-E(a)(10)(A) to provide that the Auction Collar for the 
Core Open Auction and Closing Auction would be based on a price that is 
the greater of $0.15 or a specified percentage away from the Auction 
Reference Price. Accordingly, the proposed rule would provide that the 
upper (lower) boundary of the Auction Collar would be the Auction 
Reference Price increased (decreased) by the greater of $0.15 or the 
specified percentage.
    The Exchange believes that adding a minimum dollar threshold to the 
Trading Collar, Limit Order Price Protection, and Auction Collar 
calculations would enhance the respective price protection mechanisms 
for securities with a reference price below $1.50 because using a 
percentage 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. Also, the Auction Collar applicable for Trading 
Halt Auctions, described in Rule 7.35-E(e)(7), provides that for 
securities with an Auction reference price under $3.00, the price 
collar threshold for auction collars would be a static $0.15 instead of 
5 percent.\4\
---------------------------------------------------------------------------

    \4\ 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. (``BZX'') Rule 27.2, Interpretations and Policies 
.01 and Bats Rule 11.13 (stating that BZX ``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'').

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

[[Page 51891]]

Proposed Change To Clarify Order Processing as Specified in Rule 7.35-E
    Rule 7.35-E(e)(8) describes the Trading Halt Auction Imbalance 
Freeze and provides that if a pause or halt is extended, the Trading 
Halt Auction Imbalance Freeze for the prior period will end, new orders 
and order instructions received during the prior period's Trading Halt 
Auction Freeze will be processed, and the Exchange will accept order 
entry and cancellation as provided for in Rule 7.18-E(c) until the next 
Trading Halt Auction Imbalance Freeze. The Exchange proposes to amend 
Rule 7.35-E(e)(8)(C) to clarify that requests to cancel and requests to 
cancel and replace Market Orders, LOO Orders, Limit Orders, and IO 
Orders will be accepted but not processed until either after the 
Trading Halt Auction concludes (current rule text) or, if a pause or 
halt is extended, when the Trading Halt Auction Imbalance Freeze for 
the prior period ends (proposed rule text). Accordingly Rule 7.35-
E(e)(8)(C) would read as follows (proposed additions italicized):

    Requests to cancel and requests to cancel and replace Market 
Orders, LOO Orders, Limit Orders, and IO Orders will be accepted but 
not processed until either after the Trading Halt Auction concludes, 
as provided for in paragraph (h) of this Rule, or, if a pause or 
halt is extended, when the Trading Halt Auction Imbalance Freeze for 
the prior period ends.

    The Exchange believes that the proposed changes clarify when 
requests to cancel and requests to cancel and replace Market Orders, 
LOO Orders, Limit Orders, and IO Orders would be processed if a pause 
or halt is extended, and that in such circumstances, the Exchange would 
not wait until the end of the Trading Halt Auction to process these 
messages.
Proposed Changes To Make Technical and Conforming Updates to Rules 
7.31-E and 7.35-E
    The Exchange proposes to replace the word ``truncated'' with the 
words ``rounded down'' \5\ in Rules 7.31-E(a)(1)(B)(i) and 7.35-
E(a)(10)(A). The Exchange believes that conforming the terminology used 
within Rules 7.31-E \6\ and 7.35-E and elsewhere in Exchange's rules 
promotes clarity and transparency.
---------------------------------------------------------------------------

    \5\ See Rule 7.46-E(f)(2)(A), which provides that references to 
truncating to the MPV in Exchange rules instead mean rounding down 
to the applicable quoting MPV for tick pilot securities.
    \6\ See Rule 7.31-E(a)(2)(B) which provides that ``Limit Order 
Price Protection . . . will be rounded down to the nearest price at 
the applicable MPV.''
---------------------------------------------------------------------------

    Finally, the Exchange proposes a non-substantive, technical 
amendment to Rule 7.31-E(c)(5)(C) to correct a typographical error by 
adding the word ``be'' and replacing the word ``that'' with ``than.''
Implementation
    The Exchange anticipates implementing the proposed changes to 
establish a minimum dollar threshold into the Trading Collar, Limit 
Order Price Protection, and Auction Collar in the fourth quarter of 
2017 and will announce by Trader Update the implementation date of 
those proposed rule changes. All other proposed changes would be 
implemented upon effectiveness of this filing.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Exchange Act,\7\ in general, and with Section 
6(b)(5),\8\ 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed changes relating to adding a 
minimum price threshold to Rules 7.31-E(a)(1)(B)(i), 7.31-E(a)(2)(B), 
and 7.35-E(a)(10)(A) 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.\9\
---------------------------------------------------------------------------

    \9\ See supra note 4.
---------------------------------------------------------------------------

    The Exchange believes that the proposed amendment to Rules 7.35-
E(e)(8) to clarify order processing would remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system because the proposed rule changes are designed to promote 
clarity, consistency, and transparency in Exchange rules.
    The Exchange also believes that replacing the term ``truncated'' 
with the term ``rounded down'' in Rules 7.31-E(a)(1)(B)(i) and, 7.35-
E(a)(10)(A) would remove impediments to and perfect the mechanism of a 
free and open market and a national market system because they are 
designed to promote clarity, consistency, and transparency in Exchange 
rules.

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 would (1) provide 
for a more effective price protection mechanism, specifically for 
lower-priced securities; (2) clarify the order processing in Rule 7.35-
E(e)(8)(C) to promote clarity, consistency, and transparency; and (3) 
make technical non-substantive changes to Rules 7.31-E and 7.35-E.

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 \10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give 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 of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has satisfied this requirement.

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

[[Page 51892]]

    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 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-NYSEArca-2017-126 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-NYSEArca-2017-126. 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 comment submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEArca-2017-126 and should 
be submitted on or before November 29, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24255 Filed 11-7-17; 8:45 am]
 BILLING CODE 8011-01-P



                                               51890                      Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices

                                               SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                     on a price that is the greater of $0.15,
                                               COMMISSION                                               Statement of the Purpose of, and the                  or a specified percentage away from the
                                                                                                        Statutory Basis for, the Proposed Rule                consolidated last sale. Accordingly, the
                                               [Release No. 34–82004; File No. SR–                      Change                                                upper boundary and lower boundary of
                                               NYSEArca–2017–126]                                                                                             the Trading Collar would be the
                                                                                                        1. Purpose
                                                                                                                                                              consolidated last sale price increased
                                               Self-Regulatory Organizations; NYSE                         The Exchange proposes to: (1) Amend                and decreased, respectively, by the
                                                                                                        NYSE Arca Rules 7.31–E (Orders and                    greater of $0.15 or the specified
                                               Arca, Inc.; Notice of Filing and
                                                                                                        Modifiers) and NYSE Arca Rule 7.35–E                  percentage.
                                               Immediate Effectiveness of Proposed
                                               Rule Change To Amend NYSE Arca
                                                                                                        (Auctions) to establish a minimum                        • Limit Order Price Protection: The
                                                                                                        dollar threshold into the price                       Exchange proposes to amend Rule 7.31–
                                               Rules 7.31–E and 7.35–E
                                                                                                        protection mechanisms provided for in                 E(a)(2)(B) to introduce the same
                                               November 2, 2017.                                        the respective rules; (2) clarify the order           proposed minimum dollar threshold
                                                                                                        processing specified in Rule 7.35–                    that is specified above for the Trading
                                                  Pursuant to Section 19(b)(1) 1 of the                 E(e)(8)(C); and (3) make technical non-               Collar, of $0.15, into the Limit Order
                                               Securities Exchange Act of 1934                          substantive changes to Rules 7.31–E and               Price Protection calculation.
                                               (‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  7.35–E.                                               Accordingly, the proposed rule would
                                               notice is hereby given that, on October                                                                        provide that a Limit Order to buy (sell)
                                               20, 2017, NYSE Arca, Inc. (‘‘Exchange’’                  Proposed Changes To Establish a
                                                                                                                                                              would be rejected if it was priced at or
                                               or ‘‘NYSE Arca’’) filed with the                         Minimum Dollar Threshold for Price
                                                                                                                                                              above (below) the greater of $0.15 or a
                                               Securities and Exchange Commission                       Protection Mechanisms
                                                                                                                                                              specified percentage away from the
                                               (‘‘Commission’’) the proposed rule                          Rule 7.31–E(a)(1)(B) describes the                 NBO (NBB). The Exchange believes that
                                               change as described in Items I and II                    price protection mechanism for Market                 the introduction of a minimum dollar
                                               below, which Items have been prepared                    Orders, i.e., Trading Collars. Currently,             threshold enhances the Limit Order
                                               by the self-regulatory organization. The                 Rule 7.31–E(a)(1)(B)(i) provides that the             Price Protection and encourages price
                                               Commission is publishing this notice to                  Trading Collar will be based on a price               continuity specifically in lower priced
                                               solicit comments on the proposed rule                    that is a specified percentage away from              illiquid securities.
                                               change from interested persons.                          the consolidated last sale price. Rule                   • Auction Collar: Similarly, the
                                                                                                        7.31–E (a)(1)(B)(i) further provides that             Exchange also proposes to amend Rule
                                               I. Self-Regulatory Organization’s
                                                                                                        the upper (lower) boundary of the                     7.35–E(a)(10)(A) to provide that the
                                               Statement of the Terms of Substance of                   Trading Collar is the consolidated last               Auction Collar for the Core Open
                                               the Proposed Rule Change                                 sale price increased (decreased) by the               Auction and Closing Auction would be
                                                  The Exchange proposes to amend                        specified percentage truncated to the                 based on a price that is the greater of
                                               NYSE Arca Rules 7.31–E (Orders and                       minimum price variation (‘‘MPV’’) for                 $0.15 or a specified percentage away
                                               Modifiers) and 7.35–E (Auctions) to                      the security.                                         from the Auction Reference Price.
                                               establish a minimum dollar threshold                        Additionally, Rule 7.31–E(a)(2)(B)                 Accordingly, the proposed rule would
                                               into the price protection mechanisms                     describes the price protection                        provide that the upper (lower) boundary
                                               provided for in the respective rules; (2)                mechanism for Limit Orders, i.e. Limit                of the Auction Collar would be the
                                               clarify the order processing specified in                Order Price Protection. Currently, Rule               Auction Reference Price increased
                                               Rule 7.35–E(e)(8)(C); and (3) make                       7.31–E(a)(2)(B) provides that a Limit                 (decreased) by the greater of $0.15 or the
                                               technical non-substantive changes to                     Orders to buy (sell) will be rejected if it           specified percentage.
                                                                                                        is priced at or above (below) a specified                The Exchange believes that adding a
                                               Rules 7.31–E and 7.35–E. The proposed
                                                                                                        percentage away from the National Best                minimum dollar threshold to the
                                               rule change is available on the
                                                                                                        Offer (National Best Bid) (‘‘NBO’’ and                Trading Collar, Limit Order Price
                                               Exchange’s Web site at www.nyse.com,
                                                                                                        ‘‘NBB’’, respectively).                               Protection, and Auction Collar
                                               at the principal office of the Exchange,                    Rule 7.35–E(a)(10) describes the price
                                               and at the Commission’s Public                                                                                 calculations would enhance the
                                                                                                        protection mechanism for Auctions, i.e.,              respective price protection mechanisms
                                               Reference Room.                                          Auction Collar. Currently, Rule 7.35–                 for securities with a reference price
                                               II. Self-Regulatory Organization’s                       E(a)(10)(A) provides that the Auction                 below $1.50 because using a percentage
                                               Statement of the Purpose of, and                         Collar for the Core Open Auction and                  multiplier for such securities would
                                               Statutory Basis for, the Proposed Rule                   Closing Auction is based on a price that              result in too narrow of a price protection
                                               Change                                                   is a specified percentage away from the               mechanism. This proposed rule change
                                                                                                        Auction Reference Price for the                       is consistent with how other exchanges
                                                 In its filing with the Commission, the                 applicable auction. The upper (lower)                 specify static price collar thresholds for
                                               self-regulatory organization included                    boundary of the Auction Collar is the                 lower-price securities. Also, the Auction
                                               statements concerning the purpose of,                    Auction Reference Price increased                     Collar applicable for Trading Halt
                                               and basis for, the proposed rule change                  (decreased) by the specified percentage,              Auctions, described in Rule 7.35–
                                               and discussed any comments it received                   truncated to the MPV.                                 E(e)(7), provides that for securities with
                                               on the proposed rule change. The text                       The Exchange proposes to amend                     an Auction reference price under $3.00,
                                               of those statements may be examined at                   these price protection mechanisms to                  the price collar threshold for auction
                                               the places specified in Item IV below.                   introduce a minimum dollar threshold                  collars would be a static $0.15 instead
                                               The Exchange has prepared summaries,                     for lower-price securities, as follows:               of 5 percent.4
ethrower on DSK3G9T082PROD with NOTICES




                                               set forth in sections A, B, and C below,                    • Trading Collar: The Exchange
                                               of the most significant parts of such                    proposes to amend Rule 7.31–                            4 See also Nasdaq Stock Market LLC (‘‘Nasdaq’’)

                                               statements.                                              E(a)(1)(B)(i) to introduce a minimum                  Rule 4703(d) (providing that ‘‘any portion of a
                                                                                                        dollar threshold, of $0.15, into the                  Primary Pegging Order or Market Pegging Order that
                                                                                                                                                              would execute . . . at a price more than $0.25 or
                                                 1 15 U.S.C. 78s(b)(1).                                 calculation of the Trading Collar. As                 5 percent worse that the NBBO . . . will be
                                                 2 15 U.S.C. 78a.                                       such, the proposed rule would provide                 cancelled)’’ and Bats BZX Exchange, Inc. (‘‘BZX’’)
                                                 3 17 CFR 240.19b–4.                                    that the Trading Collar would be based                Rule 27.2, Interpretations and Policies .01 and Bats



                                          VerDate Sep<11>2014    17:26 Nov 07, 2017   Jkt 244001   PO 00000   Frm 00090   Fmt 4703   Sfmt 4703   E:\FR\FM\08NON1.SGM   08NON1


                                                                         Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices                                                         51891

                                               Proposed Change To Clarify Order                        and 7.35–E and elsewhere in Exchange’s                  securities exchanges which incorporate
                                               Processing as Specified in Rule 7.35–E                  rules promotes clarity and transparency.                dollar thresholds into the calculation of
                                                                                                          Finally, the Exchange proposes a non-                the respective price protection
                                                 Rule 7.35–E(e)(8) describes the                       substantive, technical amendment to                     mechanisms.9
                                               Trading Halt Auction Imbalance Freeze                   Rule 7.31–E(c)(5)(C) to correct a                          The Exchange believes that the
                                               and provides that if a pause or halt is                 typographical error by adding the word                  proposed amendment to Rules 7.35–
                                               extended, the Trading Halt Auction                      ‘‘be’’ and replacing the word ‘‘that’’ with             E(e)(8) to clarify order processing would
                                               Imbalance Freeze for the prior period                   ‘‘than.’’                                               remove impediments to and perfect the
                                               will end, new orders and order                                                                                  mechanism of a free and open market
                                               instructions received during the prior                  Implementation
                                                                                                                                                               and a national market system because
                                               period’s Trading Halt Auction Freeze                       The Exchange anticipates                             the proposed rule changes are designed
                                               will be processed, and the Exchange                     implementing the proposed changes to                    to promote clarity, consistency, and
                                               will accept order entry and cancellation                establish a minimum dollar threshold                    transparency in Exchange rules.
                                               as provided for in Rule 7.18–E(c) until                 into the Trading Collar, Limit Order                       The Exchange also believes that
                                               the next Trading Halt Auction                           Price Protection, and Auction Collar in                 replacing the term ‘‘truncated’’ with the
                                               Imbalance Freeze. The Exchange                          the fourth quarter of 2017 and will                     term ‘‘rounded down’’ in Rules 7.31–
                                               proposes to amend Rule 7.35–E(e)(8)(C)                  announce by Trader Update the                           E(a)(1)(B)(i) and, 7.35–E(a)(10)(A) would
                                               to clarify that requests to cancel and                  implementation date of those proposed                   remove impediments to and perfect the
                                               requests to cancel and replace Market                   rule changes. All other proposed                        mechanism of a free and open market
                                               Orders, LOO Orders, Limit Orders, and                   changes would be implemented upon                       and a national market system because
                                               IO Orders will be accepted but not                      effectiveness of this filing.                           they are designed to promote clarity,
                                               processed until either after the Trading                                                                        consistency, and transparency in
                                                                                                    2. Statutory Basis
                                               Halt Auction concludes (current rule                                                                            Exchange rules.
                                               text) or, if a pause or halt is extended,               The Exchange believes that the
                                                                                                    proposed rule change is consistent with                    B. Self-Regulatory Organization’s
                                               when the Trading Halt Auction
                                                                                                    Section 6(b) of the Exchange Act,7 in                      Statement on Burden on Competition
                                               Imbalance Freeze for the prior period
                                               ends (proposed rule text). Accordingly               general, and with Section 6(b)(5),8 in                       The Exchange does not believe that
                                               Rule 7.35–E(e)(8)(C) would read as                   particular, because it is designed to                      the proposed rule change will impose
                                               follows (proposed additions italicized):             prevent fraudulent and manipulative                        any burden on competition that is not
                                                                                                    acts and practices, to promote just and                    necessary or appropriate in furtherance
                                                  Requests to cancel and requests to cancel
                                                                                                    equitable principles of trade, to foster                   of the purposes of the Act. The
                                               and replace Market Orders, LOO Orders,
                                               Limit Orders, and IO Orders will be accepted cooperation and coordination with                                  proposed rule change is not intended to
                                               but not processed until either after the             persons engaged in facilitating                            address competitive issues but rather
                                               Trading Halt Auction concludes, as provided transactions in securities, to remove                               would (1) provide for a more effective
                                               for in paragraph (h) of this Rule, or, if a pause impediments to, and perfect the                               price protection mechanism,
                                               or halt is extended, when the Trading Halt           mechanism of, a free and open market                       specifically for lower-priced securities;
                                               Auction Imbalance Freeze for the prior               and a national market system and, in                       (2) clarify the order processing in Rule
                                               period ends.                                         general, to protect investors and the                      7.35–E(e)(8)(C) to promote clarity,
                                                                                                    public interest.                                           consistency, and transparency; and (3)
                                                   The Exchange believes that the
                                                                                                       The Exchange believes the proposed                      make technical non-substantive changes
                                               proposed changes clarify when requests
                                                                                                    changes  relating to adding a minimum                      to Rules 7.31–E and 7.35–E.
                                               to cancel and requests to cancel and
                                               replace Market Orders, LOO Orders,                   price threshold to Rules 7.31–                             C. Self-Regulatory Organization’s
                                               Limit Orders, and IO Orders would be                 E(a)(1)(B)(i), 7.31–E(a)(2)(B), and 7.35–                  Statement on Comments on the
                                               processed if a pause or halt is extended, E(a)(10)(A) would remove impediments                                  Proposed Rule Change Received From
                                               and that in such circumstances, the                  to and perfect the mechanism of a free                     Members, Participants, or Others
                                               Exchange would not wait until the end                and open market and a national market
                                                                                                    system, and in general, to protect                           No written comments were solicited
                                               of the Trading Halt Auction to process                                                                          or received with respect to the proposed
                                               these messages.                                      investors and the public interest,
                                                                                                    because they would enhance the                             rule change.
                                               Proposed Changes To Make Technical                   Exchange’s price protection                                III. Date of Effectiveness of the
                                               and Conforming Updates to Rules 7.31– mechanisms, which protect from                                            Proposed Rule Change and Timing for
                                               E and 7.35–E                                         aberrant prices and reduce the                             Commission Action
                                                                                                    likelihood of halts, thus improving
                                                   The Exchange proposes to replace the continuous trading and price discovery.                                   Because the proposed rule change
                                               word ‘‘truncated’’ with the words                    Further, the proposal to enhance the                       does not: (i) Significantly affect the
                                               ‘‘rounded down’’ 5 in Rules 7.31–                    price protection mechanisms by adding                      protection of investors or the public
                                               E(a)(1)(B)(i) and 7.35–E(a)(10)(A). The              a minimum dollar threshold would                           interest; (ii) impose any significant
                                               Exchange believes that conforming the                assist with the maintenance of fair and                    burden on competition; and (iii) become
                                               terminology used within Rules 7.31–E 6               orderly markets because such                               operative for 30 days from the date on
                                                                                                    mechanisms protect investors from                          which it was filed, or such shorter time
                                               Rule 11.13 (stating that BZX ‘‘will not execute any
                                                                                                    potentially receiving executions away                      as the Commission may designate, it has
                                               portion of a bid at a price more than the greater of
                                                                                                    from the prevailing market prices at any                   become effective pursuant to Section
ethrower on DSK3G9T082PROD with NOTICES




                                               5 cents or 0.5 percent higher than the lowest                                                                   19(b)(3)(A) of the Act 10 and Rule 19b–
                                               Protected Offer’’).                                  given time. The proposed changes to
                                                  5 See Rule 7.46–E(f)(2)(A), which provides that
                                                                                                    introduce the $0.15 minimum dollar                         4(f)(6) thereunder.11
                                               references to truncating to the MPV in Exchange      threshold is not novel and is similar in                     9 See  supra note 4.
                                               rules instead mean rounding down to the applicable
                                               quoting MPV for tick pilot securities.               nature to that of other national                             10 15  U.S.C. 78s(b)(3)(A).
                                                  6 See Rule 7.31–E(a)(2)(B) which provides that                                                                 11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                         7 15   U.S.C. 78f(b).
                                               ‘‘Limit Order Price Protection . . . will be rounded                                                            4(f)(6)(iii) requires a self-regulatory organization to
                                               down to the nearest price at the applicable MPV.’’        8 15   U.S.C. 78f(b)(5).                                                                            Continued




                                          VerDate Sep<11>2014   17:26 Nov 07, 2017   Jkt 244001   PO 00000   Frm 00091     Fmt 4703   Sfmt 4703   E:\FR\FM\08NON1.SGM    08NON1


                                               51892                     Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices

                                                  At any time within 60 days of the                    Washington, DC 20549 on official                      rule changes. For the reasons discussed
                                               filing of the proposed rule change, the                 business days between the hours of                    below, the Commission approves the
                                               Commission summarily may                                10:00 a.m. and 3:00 p.m. Copies of the                proposed rule changes.
                                               temporarily suspend such rule change if                 filing also will be available for
                                                                                                                                                             II. Description of the Proposed Rule
                                               it appears to the Commission that such                  inspection and copying at the principal
                                                                                                       office of the Exchange. All comments                  Changes
                                               action is necessary or appropriate in the
                                               public interest, for the protection of                  received will be posted without change.                 The Clearing Agencies propose to
                                               investors, or otherwise in furtherance of               Persons submitting comments are                       adopt the Clearing Agency Securities
                                               the purposes of the Act. If the                         cautioned that we do not redact or edit               Valuation Framework (‘‘Framework’’) of
                                               Commission takes such action, the                       personal identifying information from                 the Clearing Agencies, as described
                                               Commission shall institute proceedings                  comment submissions. You should                       below.
                                               to determine whether the proposed rule                  submit only information that you wish
                                                                                                       to make available publicly. All                       A. Overview of the Framework
                                               change should be approved or
                                               disapproved.                                            submissions should refer to File                         The Framework would address the
                                                                                                       Number SR–NYSEArca–2017–126 and                       manner in which the Clearing Agencies
                                               IV. Solicitation of Comments                            should be submitted on or before                      select and review ‘‘Pricing Vendors’’
                                                 Interested persons are invited to                     November 29, 2017.                                    and value securities that the Clearing
                                               submit written data, views, and                           For the Commission, by the Division of              Agencies process or otherwise hold. The
                                               arguments concerning the foregoing,                     Trading and Markets, pursuant to delegated            proposed rule changes would set forth
                                               including whether the proposed rule                     authority.12                                          the securities valuation practices
                                               change is consistent with the Act.                      Eduardo A. Aleman,                                    adopted by the Clearing Agencies for
                                               Comments may be submitted by any of                     Assistant Secretary.                                  securities eligible for clearance and
                                               the following methods:                                  [FR Doc. 2017–24255 Filed 11–7–17; 8:45 am]           settlement processing by the applicable
                                               Electronic Comments                                     BILLING CODE 8011–01–P
                                                                                                                                                             Clearing Agency; and in the case of
                                                                                                                                                             FICC and NSCC, as central
                                                  • Use the Commission’s Internet                                                                            counterparties (‘‘CCPs’’), securities
                                               comment form (http://www.sec.gov/                       SECURITIES AND EXCHANGE                               eligible to be held in their respective
                                               rules/sro.shtml); or                                    COMMISSION                                            clearing funds.4
                                                  • Send an email to rule-comments@
                                               sec.gov. Please include File Number SR–                 [Release No. 34–82006; File Nos. SR–DTC–              B. Selection of Pricing Vendors
                                               NYSEArca–2017–126 on the subject                        2017–016; SR–NSCC–2017–016; SR–FICC–
                                                                                                       2017–020]                                                Each Clearing Agency would price
                                               line.                                                                                                         securities for both end-of-day and
                                               Paper Comments                                          Self-Regulatory Organizations; The                    intraday value primarily through pricing
                                                  • Send paper comments in triplicate                  Depository Trust Company; National                    data supplied by third-party pricing
                                               to Secretary, Securities and Exchange                   Securities Clearing Corporation; Fixed                vendors (‘‘Pricing Vendors’’).5 For most
                                               Commission, 100 F Street NE.,                           Income Clearing Corporation; Order                    securities, Pricing Vendors would
                                               Washington, DC 20549–1090.                              Approving Proposed Rule Changes To                    supply the Clearing Agencies with
                                                                                                       Adopt the Clearing Agency Securities                  intraday pricing data on at least an
                                               All submissions should refer to File                                                                          hourly basis.6 Pricing Vendors would be
                                                                                                       Valuation Framework
                                               Number SR–NYSEArca-2017–126. This                                                                             selected by each Clearing Agency based
                                               file number should be included on the                   November 2, 2017.                                     on a review of their service, including,
                                               subject line if email is used. To help the                                                                    at a minimum, a review of Pricing
                                               Commission process and review your                      I. Introduction
                                                                                                          On September 8, 2017, The                          Vendors’ securities coverage and a price
                                               comments more efficiently, please use                                                                         quality check.7
                                               only one method. The Commission will                    Depository Trust Company (‘‘DTC’’),
                                                                                                       National Securities Clearing Corporation                 The Framework would provide that
                                               post all comments on the Commission’s
                                                                                                       (‘‘NSCC’’), and Fixed Income Clearing                 each security be assigned a primary
                                               Internet Web site (http://www.sec.gov/
                                                                                                       Corporation (‘‘FICC,’’ each a ‘‘Clearing              source Pricing Vendor (‘‘Primary Pricing
                                               rules/sro.shtml). Copies of the
                                                                                                       Agency,’’ and together with DTC and                   Vendor’’) and a secondary source
                                               submission, all subsequent
                                                                                                       NSCC, the ‘‘Clearing Agencies’’), filed               Pricing Vendor (‘‘Secondary Pricing
                                               amendments, all written statements
                                                                                                       with the Securities and Exchange                      Vendor’’).8 In the event that the Primary
                                               with respect to the proposed rule
                                                                                                       Commission (‘‘Commission’’) proposed                  Pricing Vendor becomes unavailable,
                                               change that are filed with the
                                                                                                       rule changes SR–DTC–2017–016, SR–                     unreliable, or otherwise unusable with
                                               Commission, and all written
                                                                                                       NSCC–2017–016, and SR–FICC–2017–                      respect to a security, the Secondary
                                               communications relating to the
                                                                                                       020, respectively, pursuant to Section                Pricing Vendor would be designated as
                                               proposed rule change between the
                                                                                                       19(b)(1) of the Securities Exchange Act               the replacement for the Primary Pricing
                                               Commission and any person, other than
                                                                                                       of 1934 (‘‘Act’’) 1 and Rule 19b–4                    Vendor with respect to such security.9
                                               those that may be withheld from the
                                               public in accordance with the                           thereunder.2 The proposed rule changes                   Each Clearing Agency would perform
                                               provisions of 5 U.S.C. 552, will be                     were published for comment in the                     due diligence on each Pricing Vendor
                                               available for Web site viewing and                      Federal Register on September 27,                     prior to engagement, and at least
                                               printing in the Commission’s Public                     2017.3 The Commission did not receive                 annually thereafter, to assess the
                                               Reference Room, 100 F Street NE.,                       any comment letters on the proposed
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                                                                               4 Id.

                                                                                                         12 17                                                 5 Id. at 45107.
                                               give the Commission written notice of its intent to             CFR 200.30–3(a)(12).
                                                                                                         1 15 U.S.C. 78s(b)(1).                                6 Certain  securities may not be priced daily, and
                                               file the proposed rule change, along with a brief
                                               description and the text of the proposed rule             2 17 CFR 240.19b–4.                                 others may only be priced once each business day.
                                               change, at least five business days prior to the date     3 See Securities Exchange Act Release No. 81667     Id.
                                                                                                                                                               7 Id.
                                               of filing of the proposed rule change, or such          (September 21, 2017), 82 FR 45106 (September 27,
                                                                                                                                                               8 Id.
                                               shorter time as designated by the Commission. The       2017) (SR–DTC–2017–016; SR–NSCC–2017–016;
                                               Exchange has satisfied this requirement.                SR–FICC–2017–020) (‘‘Notice’’).                         9 Id.




                                          VerDate Sep<11>2014   17:26 Nov 07, 2017   Jkt 244001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\08NON1.SGM    08NON1



Document Created: 2017-11-08 01:20:19
Document Modified: 2017-11-08 01:20:19
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 51890 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR