83_FR_26229 83 FR 26121 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing of Proposed Rule Change To Amend Rule 7.35E Relating to the Auction Reference Price for a Trading Halt Auction Following a Regulatory Halt

83 FR 26121 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing of Proposed Rule Change To Amend Rule 7.35E Relating to the Auction Reference Price for a Trading Halt Auction Following a Regulatory Halt

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 108 (June 5, 2018)

Page Range26121-26123
FR Document2018-11978

Federal Register, Volume 83 Issue 108 (Tuesday, June 5, 2018)
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26121-26123]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11978]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83341; File No. SR-NYSEAMER-2018-22]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing of Proposed Rule Change To Amend Rule 7.35E Relating to the 
Auction Reference Price for a Trading Halt Auction Following a 
Regulatory Halt

May 30, 2018.
    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 May 15, 2018, 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, 
II, and III 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 Rule 7.35E relating to the Auction 
Reference Price for a Trading Halt Auction following a regulatory halt. 
The proposed rule change is available on the Exchange's website 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 Rule 7.35E (Auctions) relating to 
the Auction Reference Price for a Trading Halt Auction following a 
regulatory halt.
    Under Rule 7.35E, Auction Reference Prices are used for a number of 
purposes, including determining Auction Collars under Rule 
7.35E(a)(10)(A). Rule 7.35E(a)(8)(A) defines the Auction Reference 
Price applicable to auctions on the Exchange. For the Trading Halt 
Auction, the Reference Price is the last consolidated round-lot price 
of that trading day, and if none, the prior day's Official Closing 
Price (except as provided for in Rule 7.35E(e)(7)(A)).\4\
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    \4\ Rule 7.35E(e)(7)(A) provides for a different Auction 
Reference Price for a Trading Halt Auction following a Trading 
Pause. The ``Official Closing Price'' is defined in Rule 1.1E(gg).
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 7.35E(a)(8)(A) to permit the 
Exchange to designate a different Auction Reference Price for a Trading 
Halt Auction following a regulatory halt. The Exchange believes that if 
the price of a security changes during a regulatory halt, for example, 
due to a news event, an Auction Reference Price based on the last 
consolidated round-lot price of that trading day, or if none, the prior 
day's Official Closing Price, may no longer reflect the value of the 
security. In such case, using that price for purposes of calculating 
Auction Collars for the Trading Halt Auction may unnecessarily 
constrict the price at which such auction would initially be permitted 
and potentially lead to an unnecessary number of extensions before the 
security resumes trading, thereby delaying the Trading Halt Auction.\5\ 
The Exchange believes that for these scenarios, it would be appropriate 
to designate a different Auction Reference Price.\6\
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    \5\ Pursuant to Rule 7.35E(e)(6), the Re-Opening Time for a 
Trading Halt Auction will be extended if the Indicative Match Price, 
before being adjusted based on Auction Collars, would be below 
(above) the Lower (Upper) Auction Collar or if there is a sell (buy) 
Market Imbalance.
    \6\ For example, the Exchange's affiliated exchange, NYSE Arca, 
Inc. (``NYSE Arca'') recently amended NYSE Arca Rule 7.35-
E(a)(8)(A), which is identical to Rule 7.35E(a)(8)(A), on a 
temporary basis to provide for a different Auction Reference Price 
for a security that was the subject of a regulatory halt. See 
Securities Exchange Act Release No. 82716 (February 14, 2018), 83 FR 
7517 (February 21, 2018) (SR-NYSEArca-2018-12). NYSE Arca sought 
such relief to respond to the impact of market-wide trading 
volatility on February 5, 2018 on the pricing of the ProShares Short 
VIX Short-Term Futures ETF (SVXY). In that scenario, NYSE Arca 
halted trading in SVXY before trading began on February 6, 2018. 
Because the Official Closing Price no longer reflected the value of 
the security and would not have been an appropriate Auction 
Reference Price, to protect and fair and orderly market, NYSE Arca 
proposed a different Auction Reference Price for the Trading Halt 
Auction.

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[[Page 26122]]

    To effect this change, the Exchange proposes to amend Rule 
7.35E(a)(8)(A) to provide that if the Auction Reference Price would 
impact a fair and orderly Trading Halt Auction following a regulatory 
halt, the CEO of the Exchange, or his or her designee, may designate a 
different Auction Reference Price.\7\
---------------------------------------------------------------------------

    \7\ See, e.g., New York Stock Exchange LLC (``NYSE'') Rule 
15(f)(1) (providing authority for the CEO of the NYSE to suspend the 
requirement to publish pre-opening indications for a security if, 
absent relief, the operation of the Exchange is likely to be 
impaired).
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    Because the specific circumstances for a security and impact on 
pricing cannot be known in advance, the Exchange does not believe it 
would be appropriate, let alone feasible, to specify in the rule what 
the alternate Auction Reference Price should be. For example, NYSE Arca 
designated a revised Auction Reference Price for SVXY that was 84% 
lower than the Auction Reference Price that would have been required 
under the NYSE Arca rule.\8\ But SVXY represents just one example. The 
reasons why an Auction Reference Price for a Trading Halt Auction 
following a regulatory halt may no longer be appropriate are myriad, 
and include external reasons specific to a security, such as news 
relating to an issuer or a corporate action. The Exchange therefore 
believes that the facts and circumstances for individual securities 
should inform the Exchange of an Auction Reference Price to designate 
under the proposed rule.
---------------------------------------------------------------------------

    \8\ See supra note 6.
---------------------------------------------------------------------------

    As noted above, the Exchange would not conduct a Trading Halt 
Auction until all Market Orders can be satisfied in that auction and 
extends the time before trading in a security resumes until such time. 
The Exchange believes, however, that if the last consolidated sale 
price no longer reflects the value of such security, a Trading Halt 
Auction may be unnecessarily delayed with multiple extensions. By 
contrast, enabling the Exchange to designate a different Auction 
Reference Price could potentially reduce the number of extensions, thus 
eliminating unnecessary delay and allowing for a fair and orderly 
auction process. In such case, the Auction Reference Price designated 
by the Exchange does not need to be perfectly calibrated, as the 
extension logic would ensure that the Trading Halt Auction would not 
occur until equilibrium among all Market Orders is met and the overall 
trading auction interest is satisfied at or within the auction collars. 
The Exchange believes that it would promote a more fair and orderly, 
and timely, Trading Halt Auction, for the Exchange to exercise the 
discretion as proposed when the last consolidated round-lot price of 
that trading day, or if none, the prior day's Official Closing Price, 
would otherwise be significantly out of sync with the value of the 
security. The Exchange believes that having the CEO, or his or her 
designee, designate the Auction Reference Price would ensure that 
proper deliberation would be put into determining such alternative 
Auction Reference Price.
    The proposed rule would further provide that the Exchange would 
announce the updated Auction Reference Price prior to the Trading Halt 
Auction. Pursuant to Rule 7.35E(a)(4), the Exchange publishes the 
Auction Reference Price for a Trading Halt Auction via a proprietary 
data feed. If the Exchange designates a different Auction Reference 
Price, that price would not only be disseminated via the proprietary 
data feed, but the Exchange would also announce the new Auction 
Reference Price by Trader Update.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\9\ in general, and 
furthers the objectives of Section 6(b)(5),\10\ 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that it would promote the protection of 
investors and the public interest to amend Rule 7.35E(a)(8)(A) to 
permit the Exchange to designate a different Auction Reference Price 
for a Trading Halt Auction following a regulatory halt. In particular, 
the Exchange believes that using an Auction Reference Price based on a 
price that no longer reflects the value of the security could result in 
an unnecessary number of extensions before the Trading Halt Auction 
would be permitted to occur under Rule 7.35E(e)(6). By contrast, 
enabling the Exchange to designate a different Auction Reference Price 
could potentially reduce the number of extensions, thus eliminating 
unnecessary delay and allowing for a fair and orderly auction process. 
In such case, the Auction Reference Price designated by the Exchange 
does not need to be perfectly calibrated, as the extension logic would 
ensure that the Trading Halt Auction would not occur until equilibrium 
among all Market Orders is met and the overall trading auction interest 
is satisfied at or within the auction collars. The Exchange believes 
that it would promote a more fair and orderly, and timely, Trading Halt 
Auction, for the Exchange to exercise the discretion as proposed when 
the last consolidated round-lot price of that trading day, or if none, 
the prior day's Official Closing Price, would otherwise be 
significantly out of sync with the value of the security. The Exchange 
believes that having the CEO, or his or her designee, designate the 
Auction Reference Price would ensure that proper deliberation would be 
put into determining such alternative Auction Reference Price.
    The Exchange therefore believes that it would remove impediments 
to, and perfect the mechanism of, a free and open market and a national 
market system and, in general, protect investors and the public 
interest to amend Rule 7.35E(a)(8)(A) to provide that if the Auction 
Reference Price would impact a fair and orderly Trading Halt Auction 
following a regulatory halt, the CEO of the Exchange, or his or her 
designee, may designate a different Auction Reference Price.
    The Exchange further believes that the proposed rule change would 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system, and in general, protect investors 
and the public interest because the Exchange would provide notice of 
any change to an Auction Reference Price, both via the proprietary data 
feed and a Trader Update, thereby providing transparency to investors 
and the public regarding the Auction Reference Price that would be used 
for a Trading Halt Auction.

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 Exchange believes that 
the proposed

[[Page 26123]]

rule change is not designed to address any competitive issues, but 
rather to protect investors and the public by providing the Exchange 
with authority to designate an Auction Reference Price for a Trading 
Halt Auction following a regulatory halt if the Auction Reference 
Price, as defined in the current rule, would impair a fair and orderly 
auction.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or up to 90 days (i) as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or (ii) as to which the self-regulatory 
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be 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-2018-22 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE, 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEAMER-2018-22. 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 website (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 website 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-NYSEAMER-2018-22 and 
should be submitted on or before June 26, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11978 Filed 6-4-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices                                                     26121

                                                 (1) If an SCA Employer loses a                         Issued in Washington, DC, by:                        of the most significant parts of such
                                              contract to a successor SCA Employer,                   William Reeder,                                        statements.
                                              and if the successor has an obligation to               Director, Pension Benefit Guaranty                     A. Self-Regulatory Organization’s
                                              contribute to the Plan for work                         Corporation.
                                                                                                                                                             Statement of the Purpose of, and the
                                              performed under the Service Contract at                 [FR Doc. 2018–12035 Filed 6–4–18; 8:45 am]
                                                                                                                                                             Statutory Basis for, the Proposed Rule
                                              the same or a higher contribution rate                  BILLING CODE 7709–02–P                                 Change
                                              and for at least 85% as many
                                              contribution base units as such SCA                                                                            1. Purpose
                                              Employer had the obligation to                          SECURITIES AND EXCHANGE                                   The Exchange proposes to amend
                                              contribute during the plan year ending                  COMMISSION                                             Rule 7.35E (Auctions) relating to the
                                              before such SCA Employer lost the                                                                              Auction Reference Price for a Trading
                                              contract, a partial withdrawal only                     [Release No. 34–83341; File No. SR–                    Halt Auction following a regulatory halt.
                                                                                                      NYSEAMER–2018–22]                                         Under Rule 7.35E, Auction Reference
                                              occurs if the SCA Employer has an
                                              obligation to contribute for no more                                                                           Prices are used for a number of
                                                                                                      Self-Regulatory Organizations; NYSE                    purposes, including determining
                                              than an insubstantial portion of its work               American LLC; Notice of Filing of
                                              in the jurisdiction of a collective                                                                            Auction Collars under Rule
                                                                                                      Proposed Rule Change To Amend Rule                     7.35E(a)(10)(A). Rule 7.35E(a)(8)(A)
                                              bargaining agreement for which                          7.35E Relating to the Auction                          defines the Auction Reference Price
                                              contributions are or were required to the               Reference Price for a Trading Halt                     applicable to auctions on the Exchange.
                                              Plan, and either,                                       Auction Following a Regulatory Halt                    For the Trading Halt Auction, the
                                                 (A) The SCA Employer continues to                    May 30, 2018.                                          Reference Price is the last consolidated
                                              perform work in the jurisdiction of a                      Pursuant to Section 19(b)(1) 1 of the               round-lot price of that trading day, and
                                              collective bargaining agreement of the                  Securities Exchange Act of 1934 (the                   if none, the prior day’s Official Closing
                                              type for which contributions were                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                 Price (except as provided for in Rule
                                              previously required; or                                 notice is hereby given that, on May 15,                7.35E(e)(7)(A)).4
                                                 (B) Within 5 years after the date on                 2018, NYSE American LLC (the                              The Exchange proposes to amend
                                                                                                      ‘‘Exchange’’ or ‘‘NYSE American’’) filed               Rule 7.35E(a)(8)(A) to permit the
                                              which the SCA Employer loses the
                                                                                                      with the Securities and Exchange                       Exchange to designate a different
                                              Service Contract,
                                                                                                      Commission (the ‘‘Commission’’) the                    Auction Reference Price for a Trading
                                                 (i) The federal government decides to                                                                       Halt Auction following a regulatory halt.
                                                                                                      proposed rule change as described in
                                              close the facility, have the work                                                                              The Exchange believes that if the price
                                                                                                      Items I, II, and III below, which Items
                                              performed by government employees, or                                                                          of a security changes during a regulatory
                                                                                                      have been prepared by the self-
                                              transfer the work covered by the service                regulatory organization. The                           halt, for example, due to a news event,
                                              contract to another location that is not                Commission is publishing this notice to                an Auction Reference Price based on the
                                              covered by a collective bargaining unit;                solicit comments on the proposed rule                  last consolidated round-lot price of that
                                              or                                                      change from interested persons.                        trading day, or if none, the prior day’s
                                                 (ii) The successor SCA Employer                                                                             Official Closing Price, may no longer
                                                                                                      I. Self-Regulatory Organization’s                      reflect the value of the security. In such
                                              ceases contributions to the Plan for
                                                                                                      Statement of the Terms of Substance of                 case, using that price for purposes of
                                              work performed under the Service                        the Proposed Rule Change                               calculating Auction Collars for the
                                              Contract.
                                                                                                         The Exchange proposes to amend                      Trading Halt Auction may unnecessarily
                                                 In the case of termination by mass                                                                          constrict the price at which such
                                                                                                      Rule 7.35E relating to the Auction
                                              withdrawal (within the meaning of                       Reference Price for a Trading Halt                     auction would initially be permitted
                                              section 4041A(a)(2) of ERISA), the                      Auction following a regulatory halt. The               and potentially lead to an unnecessary
                                              proposed amendment provides that                        proposed rule change is available on the               number of extensions before the security
                                              section 4203(b)(3) of ERISA, the                        Exchange’s website at www.nyse.com, at                 resumes trading, thereby delaying the
                                              provision that allows a construction                    the principal office of the Exchange, and              Trading Halt Auction.5 The Exchange
                                              employer to resume covered work after                   at the Commission’s Public Reference                   believes that for these scenarios, it
                                              3 years of withdrawal, rather than the                  Room.                                                  would be appropriate to designate a
                                              standard 5-year restriction, is not                                                                            different Auction Reference Price.6
                                              applicable. Therefore, in the event of a                II. Self-Regulatory Organization’s
                                              mass withdrawal, there is still a 5-year                Statement of the Purpose of, and                          4 Rule 7.35E(e)(7)(A) provides for a different

                                                                                                      Statutory Basis for, the Proposed Rule                 Auction Reference Price for a Trading Halt Auction
                                              restriction on resuming covered work in                                                                        following a Trading Pause. The ‘‘Official Closing
                                                                                                      Change
                                              the jurisdiction of the Plan. The Plan’s                                                                       Price’’ is defined in Rule 1.1E(gg).
                                              request includes the actuarial data on                    In its filing with the Commission, the                  5 Pursuant to Rule 7.35E(e)(6), the Re-Opening

                                                                                                      self-regulatory organization included                  Time for a Trading Halt Auction will be extended
                                              which the Plan relies to support its                                                                           if the Indicative Match Price, before being adjusted
                                              contention that the amendment will not                  statements concerning the purpose of,                  based on Auction Collars, would be below (above)
                                              pose a significant risk to the insurance                and basis for, the proposed rule change                the Lower (Upper) Auction Collar or if there is a
                                              system under Title IV of ERISA.                         and discussed any comments it received                 sell (buy) Market Imbalance.
                                                                                                      on the proposed rule change. The text                     6 For example, the Exchange’s affiliated exchange,

                                              Comments                                                of those statements may be examined at                 NYSE Arca, Inc. (‘‘NYSE Arca’’) recently amended
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                             NYSE Arca Rule 7.35–E(a)(8)(A), which is identical
                                                                                                      the places specified in Item IV below.                 to Rule 7.35E(a)(8)(A), on a temporary basis to
                                                All interested persons are invited to                 The Exchange has prepared summaries,                   provide for a different Auction Reference Price for
                                              submit written comments on the                          set forth in sections A, B, and C below,               a security that was the subject of a regulatory halt.
                                              pending exemption request. All                                                                                 See Securities Exchange Act Release No. 82716
                                              comments will be made part of the                                                                              (February 14, 2018), 83 FR 7517 (February 21, 2018)
                                                                                                        1 15 U.S.C. 78s(b)(1).                               (SR–NYSEArca–2018–12). NYSE Arca sought such
                                              administrative record.                                    2 15 U.S.C. 78a.                                     relief to respond to the impact of market-wide
                                                                                                        3 17 CFR 240.19b–4.                                                                              Continued




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                                              26122                            Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices

                                                 To effect this change, the Exchange                   extension logic would ensure that the                   before the Trading Halt Auction would
                                              proposes to amend Rule 7.35E(a)(8)(A)                    Trading Halt Auction would not occur                    be permitted to occur under Rule
                                              to provide that if the Auction Reference                 until equilibrium among all Market                      7.35E(e)(6). By contrast, enabling the
                                              Price would impact a fair and orderly                    Orders is met and the overall trading                   Exchange to designate a different
                                              Trading Halt Auction following a                         auction interest is satisfied at or within              Auction Reference Price could
                                              regulatory halt, the CEO of the                          the auction collars. The Exchange                       potentially reduce the number of
                                              Exchange, or his or her designee, may                    believes that it would promote a more                   extensions, thus eliminating
                                              designate a different Auction Reference                  fair and orderly, and timely, Trading                   unnecessary delay and allowing for a
                                              Price.7                                                  Halt Auction, for the Exchange to                       fair and orderly auction process. In such
                                                 Because the specific circumstances for                exercise the discretion as proposed                     case, the Auction Reference Price
                                              a security and impact on pricing cannot                  when the last consolidated round-lot                    designated by the Exchange does not
                                              be known in advance, the Exchange                        price of that trading day, or if none, the              need to be perfectly calibrated, as the
                                              does not believe it would be                             prior day’s Official Closing Price, would               extension logic would ensure that the
                                              appropriate, let alone feasible, to specify              otherwise be significantly out of sync                  Trading Halt Auction would not occur
                                              in the rule what the alternate Auction                   with the value of the security. The                     until equilibrium among all Market
                                              Reference Price should be. For example,                  Exchange believes that having the CEO,                  Orders is met and the overall trading
                                              NYSE Arca designated a revised                           or his or her designee, designate the                   auction interest is satisfied at or within
                                              Auction Reference Price for SVXY that                    Auction Reference Price would ensure                    the auction collars. The Exchange
                                              was 84% lower than the Auction                           that proper deliberation would be put                   believes that it would promote a more
                                              Reference Price that would have been                     into determining such alternative                       fair and orderly, and timely, Trading
                                              required under the NYSE Arca rule.8                      Auction Reference Price.                                Halt Auction, for the Exchange to
                                              But SVXY represents just one example.                       The proposed rule would further                      exercise the discretion as proposed
                                              The reasons why an Auction Reference                     provide that the Exchange would                         when the last consolidated round-lot
                                              Price for a Trading Halt Auction                         announce the updated Auction                            price of that trading day, or if none, the
                                              following a regulatory halt may no                       Reference Price prior to the Trading Halt               prior day’s Official Closing Price, would
                                              longer be appropriate are myriad, and                    Auction. Pursuant to Rule 7.35E(a)(4),                  otherwise be significantly out of sync
                                              include external reasons specific to a                   the Exchange publishes the Auction                      with the value of the security. The
                                              security, such as news relating to an                    Reference Price for a Trading Halt                      Exchange believes that having the CEO,
                                              issuer or a corporate action. The                        Auction via a proprietary data feed. If                 or his or her designee, designate the
                                              Exchange therefore believes that the                     the Exchange designates a different                     Auction Reference Price would ensure
                                              facts and circumstances for individual                   Auction Reference Price, that price                     that proper deliberation would be put
                                              securities should inform the Exchange                    would not only be disseminated via the                  into determining such alternative
                                              of an Auction Reference Price to                         proprietary data feed, but the Exchange                 Auction Reference Price.
                                              designate under the proposed rule.                       would also announce the new Auction                        The Exchange therefore believes that
                                                 As noted above, the Exchange would                    Reference Price by Trader Update.                       it would remove impediments to, and
                                              not conduct a Trading Halt Auction                                                                               perfect the mechanism of, a free and
                                              until all Market Orders can be satisfied                 2. Statutory Basis
                                                                                                                                                               open market and a national market
                                              in that auction and extends the time                        The proposed rule change is                          system and, in general, protect investors
                                              before trading in a security resumes                     consistent with Section 6(b) of the                     and the public interest to amend Rule
                                              until such time. The Exchange believes,                  Securities Exchange Act of 1934 (the                    7.35E(a)(8)(A) to provide that if the
                                              however, that if the last consolidated                   ‘‘Act’’),9 in general, and furthers the                 Auction Reference Price would impact a
                                              sale price no longer reflects the value of               objectives of Section 6(b)(5),10 in                     fair and orderly Trading Halt Auction
                                              such security, a Trading Halt Auction                    particular, because it is designed to                   following a regulatory halt, the CEO of
                                              may be unnecessarily delayed with                        prevent fraudulent and manipulative                     the Exchange, or his or her designee,
                                              multiple extensions. By contrast,                        acts and practices, to promote just and                 may designate a different Auction
                                              enabling the Exchange to designate a                     equitable principles of trade, to foster                Reference Price.
                                              different Auction Reference Price could                  cooperation and coordination with                          The Exchange further believes that the
                                              potentially reduce the number of                         persons engaged in facilitating                         proposed rule change would remove
                                              extensions, thus eliminating                             transactions in securities, to remove                   impediments to and perfect the
                                              unnecessary delay and allowing for a                     impediments to, and perfect the                         mechanism of a free and open market
                                              fair and orderly auction process. In such                mechanism of, a free and open market                    and a national market system, and in
                                              case, the Auction Reference Price                        and a national market system and, in                    general, protect investors and the public
                                              designated by the Exchange does not                      general, to protect investors and the                   interest because the Exchange would
                                              need to be perfectly calibrated, as the                  public interest.                                        provide notice of any change to an
                                                                                                          The Exchange believes that it would                  Auction Reference Price, both via the
                                              trading volatility on February 5, 2018 on the pricing    promote the protection of investors and                 proprietary data feed and a Trader
                                              of the ProShares Short VIX Short-Term Futures ETF        the public interest to amend Rule                       Update, thereby providing transparency
                                              (SVXY). In that scenario, NYSE Arca halted trading
                                              in SVXY before trading began on February 6, 2018.        7.35E(a)(8)(A) to permit the Exchange to                to investors and the public regarding the
                                              Because the Official Closing Price no longer             designate a different Auction Reference                 Auction Reference Price that would be
                                              reflected the value of the security and would not        Price for a Trading Halt Auction                        used for a Trading Halt Auction.
                                              have been an appropriate Auction Reference Price,        following a regulatory halt. In
                                              to protect and fair and orderly market, NYSE Arca                                                                B. Self-Regulatory Organization’s
                                                                                                       particular, the Exchange believes that
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                                              proposed a different Auction Reference Price for the                                                             Statement on Burden on Competition
                                              Trading Halt Auction.                                    using an Auction Reference Price based
                                                 7 See, e.g., New York Stock Exchange LLC
                                                                                                       on a price that no longer reflects the                    The Exchange does not believe that
                                              (‘‘NYSE’’) Rule 15(f)(1) (providing authority for the    value of the security could result in an                the proposed rule change will impose
                                              CEO of the NYSE to suspend the requirement to                                                                    any burden on competition that is not
                                              publish pre-opening indications for a security if,       unnecessary number of extensions
                                              absent relief, the operation of the Exchange is likely                                                           necessary or appropriate in furtherance
                                              to be impaired).                                          9 15   U.S.C. 78f(b).                                  of the purposes of the Act. The
                                                 8 See supra note 6.                                    10 15   U.S.C. 78f(b)(5).                              Exchange believes that the proposed


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                                                                              Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices                                           26123

                                              rule change is not designed to address                  submission, all subsequent                             Exchange. The Commission is
                                              any competitive issues, but rather to                   amendments, all written statements                     publishing this notice to solicit
                                              protect investors and the public by                     with respect to the proposed rule                      comments on the proposed rule change
                                              providing the Exchange with authority                   change that are filed with the                         from interested persons.
                                              to designate an Auction Reference Price                 Commission, and all written
                                              for a Trading Halt Auction following a                  communications relating to the                         I. Self-Regulatory Organization’s
                                              regulatory halt if the Auction Reference                proposed rule change between the                       Statement of the Terms of Substance of
                                              Price, as defined in the current rule,                  Commission and any person, other than                  the Proposed Rule Change
                                              would impair a fair and orderly auction.                those that may be withheld from the
                                                                                                      public in accordance with the                             The Exchange is filing a proposal to
                                              C. Self-Regulatory Organization’s                       provisions of 5 U.S.C. 552, will be                    amend Exchange Rule 307, Position
                                              Statement on Comments on the                            available for website viewing and                      Limits, Interpretations and Policies .01,
                                              Proposed Rule Change Received From                      printing in the Commission’s Public                    and Exchange Rule 309, Exercise Limits,
                                              Members, Participants, or Others                        Reference Room, 100 F Street NE,                       Interpretations and Policies .01, to
                                                No written comments were solicited                    Washington, DC 20549 on official                       amend the position and exercise limits
                                              or received with respect to the proposed                business days between the hours of                     for options on the SPDR® S&P 500® ETF
                                              rule change.                                            10:00 a.m. and 3:00 p.m. Copies of the                 Trust (‘‘SPY’’).
                                                                                                      filing also will be available for                         The text of the proposed rule change
                                              III. Date of Effectiveness of the
                                                                                                      inspection and copying at the principal                is available on the Exchange’s website at
                                              Proposed Rule Change and Timing for
                                                                                                      office of the Exchange. All comments                   http://www.miaxoptions.com/rule-
                                              Commission Action
                                                                                                      received will be posted without change.                filings/ at MIAX Options’ principal
                                                 Within 45 days of the date of                        Persons submitting comments are
                                              publication of this notice in the Federal                                                                      office, and at the Commission’s Public
                                                                                                      cautioned that we do not redact or edit
                                              Register or up to 90 days (i) as the                                                                           Reference Room.
                                                                                                      personal identifying information from
                                              Commission may designate if it finds                    comment submissions. You should                        II. Self-Regulatory Organization’s
                                              such longer period to be appropriate                    submit only information that you wish                  Statement of the Purpose of, and
                                              and publishes its reasons for so finding                to make available publicly.                            Statutory Basis for, the Proposed Rule
                                              or (ii) as to which the self-regulatory                    All submissions should refer to File                Change
                                              organization consents, the Commission                   Number SR–NYSEAMER–2018–22 and
                                              will:                                                   should be submitted on or before June                    In its filing with the Commission, the
                                                 (A) By order approve or disapprove                   26, 2018.                                              Exchange included statements
                                              the proposed rule change, or                              For the Commission, by the Division of               concerning the purpose of and basis for
                                                 (B) institute proceedings to determine               Trading and Markets, pursuant to delegated             the proposed rule change and discussed
                                              whether the proposed rule change                        authority.11                                           any comments it received on the
                                              should be disapproved.                                  Eduardo A. Aleman,                                     proposed rule change. The text of these
                                              IV. Solicitation of Comments                            Assistant Secretary.                                   statements may be examined at the
                                                Interested persons are invited to
                                                                                                      [FR Doc. 2018–11978 Filed 6–4–18; 8:45 am]             places specified in Item IV below. The
                                              submit written data, views, and                         BILLING CODE 8011–01–P                                 Exchange has prepared summaries, set
                                              arguments concerning the foregoing,                                                                            forth in sections A, B, and C below, of
                                              including whether the proposed rule                                                                            the most significant aspects of such
                                                                                                      SECURITIES AND EXCHANGE                                statements.
                                              change is consistent with the Act.                      COMMISSION
                                              Comments may be submitted by any of                                                                            A. Self-Regulatory Organization’s
                                              the following methods:                                  [Release No. 34–83349; File No. SR–MIAX–
                                                                                                      2018–11]                                               Statement of the Purpose of, and
                                              Electronic Comments                                                                                            Statutory Basis for, the Proposed Rule
                                                 • Use the Commission’s internet                      Self-Regulatory Organizations; Miami                   Change
                                              comment form (http://www.sec.gov/                       International Securities Exchange LLC;
                                                                                                      Notice of Filing and Immediate                         1. Purpose
                                              rules/sro.shtml); or
                                                 • Send an email to rule-comments@                    Effectiveness of a Proposed Rule                          Exchange Rule 307, Position Limits,
                                              sec.gov. Please include File Number SR–                 Change To Amend Exchange Rule 307,                     and Exchange Rule 309, Exercise Limits,
                                              NYSEAMER–2018–22 on the subject                         Position Limits, and Exchange Rule                     establish position and exercise limits,
                                              line.                                                   309, Exercise Limits                                   respectively, for aggregate positions in
                                              Paper Comments                                          May 30, 2018.                                          option contracts traded on the
                                                                                                         Pursuant to the provisions of Section               Exchange. Interpretations and Policies
                                                 • Send paper comments in triplicate                  19(b)(1) of the Securities Exchange Act                .01 to Exchange Rule 307 lists specific
                                              to Brent J. Fields, Secretary, Securities               of 1934 (‘‘Act’’) 1 and Rule 19b–4                     position limits for certain select
                                              and Exchange Commission, 100 F Street                   thereunder,2 notice is hereby given that               underlying securities, and
                                              NE, Washington, DC 20549–1090.                          on May 24, 2018, Miami International                   Interpretations and Policies .01 to
                                              All submissions should refer to File                    Securities Exchange, LLC (‘‘MIAX                       Exchange Rule 309 lists specific
                                              Number SR–NYSEAMER–2018–22. This                        Options’’ or ‘‘Exchange’’) filed with the              exercise limits for certain select
                                              file number should be included on the                   Securities and Exchange Commission
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                                                                                                                                                             underlying securities. SPY is among the
                                              subject line if email is used. To help the              (‘‘Commission’’) a proposed rule change                certain select underlying securities
                                              Commission process and review your                      as described in Items I, II, and III below,            listed in each such Rule. Currently,
                                              comments more efficiently, please use                   which Items have been prepared by the
                                              only one method. The Commission will                                                                           these Rules provide that there are no
                                              post all comments on the Commission’s                     11 17
                                                                                                                                                             position limits and there are no exercise
                                                                                                              CFR 200.30–3(a)(12).
                                              internet website (http://www.sec.gov/                     1 15 U.S.C. 78s(b)(1).
                                                                                                                                                             limits on options overlying SPY
                                              rules/sro.shtml). Copies of the                           2 17 CFR 240.19b–4.                                  pursuant to a pilot program, which is



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Document Created: 2018-11-02 11:47:12
Document Modified: 2018-11-02 11:47:12
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 Citation83 FR 26121 

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