83_FR_7552 83 FR 7517 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Temporarily Amend Rule 7.35-E(a)(8) Relating to the Auction Reference Price for the Trading Halt Auction for ProShares Short VIX Short-Term Futures ETF

83 FR 7517 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Temporarily Amend Rule 7.35-E(a)(8) Relating to the Auction Reference Price for the Trading Halt Auction for ProShares Short VIX Short-Term Futures ETF

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 35 (February 21, 2018)

Page Range7517-7519
FR Document2018-03454

Federal Register, Volume 83 Issue 35 (Wednesday, February 21, 2018)
[Federal Register Volume 83, Number 35 (Wednesday, February 21, 2018)]
[Notices]
[Pages 7517-7519]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03454]



[[Page 7517]]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82716; File No. SR-NYSEARCA-2018-12]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change to Temporarily 
Amend Rule 7.35-E(a)(8) Relating to the Auction Reference Price for the 
Trading Halt Auction for ProShares Short VIX Short-Term Futures ETF

February 14, 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 February 6, 2018, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to temporarily amend Rule 7.35-E(a)(8) 
relating to the Auction Reference Price for the Trading Halt Auction 
for ProShares Short VIX Short-Term Futures ETF (SVXY), which would be 
operative for February 6, 2018 only. 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 temporarily amend Rule 7.35-E(a)(8) 
relating to the Auction Reference Price for the Trading Halt Auction 
for ProShares Short VIX Short-Term Futures ETF (SVXY), which would be 
operative for February 6, 2018 only.
    On February 5, 2018, both the U.S. and global markets experienced 
increased selling pressure and the Dow Jones Industrial Average 
(``DJIA'') closed 4.6% down over the prior closing day. In addition, on 
February 5, 2018, the Cboe Volatility Index (``VIX''), which is a 
common measure of volatility, more than doubled from its prior close of 
17.16 to 37.32. On the morning of February 6, 2018, the level of VIX 
continued to fluctuate significantly, reaching both a high of 50.30 and 
a low of 22.42 before noon.
    SVXY, which is listed on the Exchange, seeks daily investment 
results that correspond to the inverse (-1X) of the daily performance 
of the S&P 500 VIX Short-term Futures Index. On February, 5, 2018, the 
Official Closing Price for SVXY was $71.82. The price of SVXY declined 
in after-market trading on February 5, 2018, and the last reported 
extended-hours trade price on that day was $14.90. Because of the 
volatility in pricing for SVXY and because the NAV for February 5, 2018 
was not yet publicly available, on February 6, 2018, NYSE Arca halted 
trading in SVXY before the Early Trading Session began at 4:00 a.m. 
Eastern Time.\4\ Thereafter, the NAV was published at $3.96. While the 
security was halted, an Intraday Indicative Value (``IIV'') was 
published under the ticker SVXY.IV, and as of 11:00 a.m. Eastern Time 
on February 6, 2018, the IIV was $11.4111.
---------------------------------------------------------------------------

    \4\ See Rule 8.200-E(d)(2)(F) and Securities Exchange Act 
Release Nos. 65134 (August 15, 2011), 76 FR 52034 (August 19, 2011) 
(SR-NYSEArca-2011-23) (Approval Order) and 64460 (May 11, 2011), 76 
FR 28493, 28496 (May 17, 2011) (SR-NYSEArca-2011-23) (Notice) 
(``With respect to trading halts, the Exchange may consider all 
relevant factors in exercising its discretion to halt or suspend 
trading in the Shares. Trading may be halted because of market 
conditions or for reasons that, in the view of the Exchange, make 
trading in the Shares inadvisable'', including if the NAV with 
respect to SVXY is not disseminated to all market participants at 
the same time).
---------------------------------------------------------------------------

    As set forth in Rule 7.35-E(a)(8)(A), the Auction Reference Price 
for a Trading Halt Auction is either the last consolidated round-lot 
price of that trading day and, if none, the prior day's Official 
Closing Price. Pursuant to Rule 7.35-E(e)(7), for a Trading Halt 
Auction, the Price Collar Threshold for Auction Collars is the Auction 
Reference Price multiplied by 5 percent. Accordingly, consistent with 
these rules, for the Trading Halt Auction for SVXY, which would also be 
the first trade on February 6, 2018, the Auction Reference Price would 
be $71.82 and the Price Collar Thresholds would be $68.23 and $75.41.
    However, because of market events unique to the circumstances of 
February 5, 2018 and February 6, 2018, and the impact on pricing of 
SVXY, the Exchange does not believe that SVXY's Official Closing Price 
would be an appropriate Auction Reference Price for the Trading Halt 
Auction for that security. The Exchange believes that the significant 
difference between the Official Closing Price on the one hand, and the 
last reported extended-hours sale price, NAV, and IIV for that security 
on the other hand indicates that the Official Closing Price does not 
reflect the value of the security and would not be an appropriate 
Auction Reference Price.
    The Exchange believes that it would be consistent with fair and 
orderly markets and the protection of investors and the public to 
temporarily amend Rule 7.35-E(a)(8) and set a different Auction 
Reference Price for SVXY. The Exchange believes that given the unique 
circumstances for SVXY, including the selling pressure on February 5, 
2018 and the fluctuating prices relating to SVXY overnight, an IIV 
identified shortly before the Trading Halt Auction would more closely 
correlate to the value of SVXY as of the time of the Trading Halt 
Auction. More specifically, the Exchange believes that using an Auction 
Reference Price based on an IIV for SVXY that is identified prior to 
the Trading Halt Auction would reduce the potential for volatility in 
trading after the security resumes trading.
    Accordingly, the Exchange proposes to temporarily amend Rule 7.35-
E(a)(8) so that the Auction Reference Price for SVXY would be $11.4111. 
Because this proposed amendment would be operative for only one trading 
day and for only one symbol, the Exchange does not believe it is 
necessary to amend the rule text to effect this change. The Exchange 
proposes to provide notice of the amended Auction Reference Price and 
related Auction Collars via a Trader Update, to be published before the 
Trading Halt Auction in SVXY.

[[Page 7518]]

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\5\ in general, and furthers the objectives of Section 6(b)(5) of 
the Act,\6\ in particular, in that it is designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system, and in general, to protect 
investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that it would promote the protection of 
investors and the public interest to temporarily amend Rule 7.35-
E(a)(8) to set a different Auction Reference Price for SVXY for the 
Trading Halt Auction that would resume trading in that security on 
February 6, 2018. In particular, the Exchange believes that the unique 
circumstances of the market-wide trading volatility on February 5 and 
6, 2018, and related impact on the various prices relating to SVXY, 
using the Official Closing Price as the Auction Reference Price could 
result in extreme market volatility for that security after the 
security resumes trading on February 6, 2018. Specifically, the 
difference between the Official Closing Price on the one hand, and the 
NAV, last reported extended-hours sale price, and IIV on the morning of 
February 6, 2018 on the other hand, indicate that the Official Closing 
Price no longer reflects the value of SVXY.
    By contrast, the Exchange believes that for this unique 
circumstance, using an IIV identified shortly before the Trading Halt 
Auction would more closely reflect the value of SVXY and would reduce 
the potential for volatile trading after the security resumes trading. 
Accordingly, the Exchange believes that it would remove impediments 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, 
to temporarily amend Rule 7.35-E(a)(8) to provide that the Auction 
Reference Price for SVXY on February 6, 2018 only would be based on an 
IIV as of 11:00 a.m. Eastern Time.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
not designed to address any competitive issues but rather is designed 
to ensure a fair and orderly market by temporarily amending the Auction 
Reference Price that would be used for the Trading Halt Auction to 
resume trading in SVXY on February 6, 2018 only.

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 \7\ and Rule 19b-4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6)(iii) requires the 
Exchange to provide the Commission with 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 
requested that the Commission waive this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \9\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the five-day prefiling requirement, 
as well the 30-day operative delay, so that the proposal may become 
operative on February 6, 2018. According to the Exchange, waiver of the 
operative delay would allow it to use an Auction Reference Price for 
the Trading Halt Auction to resume trading on SVXY on February 6, 2018, 
that more closely correlates to the value of that security, thereby 
reducing the potential of volatility after the security resumes 
trading. The Commission waives the prefiling requirement and finds that 
the 30-day operative delay is consistent with the protection of 
investors and the public interest because the proposed rule change is 
designed to facilitate the orderly reopening of trading in SVXY. 
Therefore, the Commission hereby waives the operative delay and 
designates the proposal operative upon filing.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under 
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 rule-comments@sec.gov. Please include 
File Number SR-NYSEARCA-2018-12 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2018-12. 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

[[Page 7519]]

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-NYSEARCA-2018-12 and should 
be submitted on or before March 14, 2018.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03454 Filed 2-20-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices                                              7517

                                               SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                       Official Closing Price. Pursuant to Rule
                                               COMMISSION                                               Statement of the Purpose of, and the                    7.35–E(e)(7), for a Trading Halt Auction,
                                                                                                        Statutory Basis for, the Proposed Rule                  the Price Collar Threshold for Auction
                                               [Release No. 34–82716; File No. SR–                      Change                                                  Collars is the Auction Reference Price
                                               NYSEARCA–2018–12]                                        1. Purpose                                              multiplied by 5 percent. Accordingly,
                                                                                                                                                                consistent with these rules, for the
                                               Self-Regulatory Organizations; NYSE                         The Exchange proposes to temporarily                 Trading Halt Auction for SVXY, which
                                               Arca, Inc.; Notice of Filing and                         amend Rule 7.35–E(a)(8) relating to the                 would also be the first trade on February
                                               Immediate Effectiveness of Proposed                      Auction Reference Price for the Trading                 6, 2018, the Auction Reference Price
                                               Rule Change to Temporarily Amend                         Halt Auction for ProShares Short VIX
                                                                                                                                                                would be $71.82 and the Price Collar
                                               Rule 7.35–E(a)(8) Relating to the                        Short-Term Futures ETF (SVXY), which
                                                                                                                                                                Thresholds would be $68.23 and $75.41.
                                               Auction Reference Price for the                          would be operative for February 6, 2018
                                                                                                        only.                                                      However, because of market events
                                               Trading Halt Auction for ProShares
                                                                                                           On February 5, 2018, both the U.S.                   unique to the circumstances of February
                                               Short VIX Short-Term Futures ETF
                                                                                                        and global markets experienced                          5, 2018 and February 6, 2018, and the
                                               February 14, 2018.                                       increased selling pressure and the Dow                  impact on pricing of SVXY, the
                                                                                                        Jones Industrial Average (‘‘DJIA’’) closed              Exchange does not believe that SVXY’s
                                                  Pursuant to Section 19(b)(1) 1 of the
                                                                                                        4.6% down over the prior closing day.                   Official Closing Price would be an
                                               Securities Exchange Act of 1934 (the
                                                                                                        In addition, on February 5, 2018, the                   appropriate Auction Reference Price for
                                               ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                        Cboe Volatility Index (‘‘VIX’’), which is               the Trading Halt Auction for that
                                               notice is hereby given that, on February
                                                                                                        a common measure of volatility, more                    security. The Exchange believes that the
                                               6, 2018, NYSE Arca, Inc. (the
                                                                                                        than doubled from its prior close of                    significant difference between the
                                               ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                                                                        17.16 to 37.32. On the morning of                       Official Closing Price on the one hand,
                                               the Securities and Exchange
                                                                                                        February 6, 2018, the level of VIX                      and the last reported extended-hours
                                               Commission (the ‘‘Commission’’) the                      continued to fluctuate significantly,
                                               proposed rule change as described in                                                                             sale price, NAV, and IIV for that
                                                                                                        reaching both a high of 50.30 and a low                 security on the other hand indicates that
                                               Items I and II below, which Items have                   of 22.42 before noon.
                                               been prepared by the self-regulatory                                                                             the Official Closing Price does not
                                                                                                           SVXY, which is listed on the                         reflect the value of the security and
                                               organization. The Commission is                          Exchange, seeks daily investment
                                               publishing this notice to solicit                                                                                would not be an appropriate Auction
                                                                                                        results that correspond to the inverse
                                               comments on the proposed rule change                                                                             Reference Price.
                                                                                                        (¥1X) of the daily performance of the
                                               from interested persons.                                 S&P 500 VIX Short-term Futures Index.                      The Exchange believes that it would
                                               I. Self-Regulatory Organization’s                        On February, 5, 2018, the Official                      be consistent with fair and orderly
                                               Statement of the Terms of Substance of                   Closing Price for SVXY was $71.82. The                  markets and the protection of investors
                                               the Proposed Rule Change                                 price of SVXY declined in after-market                  and the public to temporarily amend
                                                                                                        trading on February 5, 2018, and the last               Rule 7.35–E(a)(8) and set a different
                                                 The Exchange proposes to temporarily                   reported extended-hours trade price on                  Auction Reference Price for SVXY. The
                                               amend Rule 7.35–E(a)(8) relating to the                  that day was $14.90. Because of the                     Exchange believes that given the unique
                                               Auction Reference Price for the Trading                  volatility in pricing for SVXY and                      circumstances for SVXY, including the
                                               Halt Auction for ProShares Short VIX                     because the NAV for February 5, 2018                    selling pressure on February 5, 2018 and
                                               Short-Term Futures ETF (SVXY), which                     was not yet publicly available, on                      the fluctuating prices relating to SVXY
                                               would be operative for February 6, 2018                  February 6, 2018, NYSE Arca halted                      overnight, an IIV identified shortly
                                               only. The proposed rule change is                        trading in SVXY before the Early                        before the Trading Halt Auction would
                                               available on the Exchange’s website at                   Trading Session began at 4:00 a.m.                      more closely correlate to the value of
                                               www.nyse.com, at the principal office of                 Eastern Time.4 Thereafter, the NAV was                  SVXY as of the time of the Trading Halt
                                               the Exchange, and at the Commission’s                    published at $3.96. While the security                  Auction. More specifically, the
                                               Public Reference Room.                                   was halted, an Intraday Indicative Value                Exchange believes that using an Auction
                                                                                                        (‘‘IIV’’) was published under the ticker
                                               II. Self-Regulatory Organization’s                                                                               Reference Price based on an IIV for
                                                                                                        SVXY.IV, and as of 11:00 a.m. Eastern
                                               Statement of the Purpose of, and                                                                                 SVXY that is identified prior to the
                                                                                                        Time on February 6, 2018, the IIV was
                                               Statutory Basis for, the Proposed Rule                                                                           Trading Halt Auction would reduce the
                                                                                                        $11.4111.
                                               Change                                                      As set forth in Rule 7.35–E(a)(8)(A),                potential for volatility in trading after
                                                                                                        the Auction Reference Price for a                       the security resumes trading.
                                                 In its filing with the Commission, the
                                               self-regulatory organization included                    Trading Halt Auction is either the last                    Accordingly, the Exchange proposes
                                               statements concerning the purpose of,                    consolidated round-lot price of that                    to temporarily amend Rule 7.35–E(a)(8)
                                               and basis for, the proposed rule change                  trading day and, if none, the prior day’s               so that the Auction Reference Price for
                                               and discussed any comments it received                                                                           SVXY would be $11.4111. Because this
                                                                                                           4 See Rule 8.200–E(d)(2)(F) and Securities
                                               on the proposed rule change. The text                                                                            proposed amendment would be
                                                                                                        Exchange Act Release Nos. 65134 (August 15,
                                               of those statements may be examined at                   2011), 76 FR 52034 (August 19, 2011) (SR–               operative for only one trading day and
                                               the places specified in Item IV below.                   NYSEArca–2011–23) (Approval Order) and 64460            for only one symbol, the Exchange does
                                               The Exchange has prepared summaries,                     (May 11, 2011), 76 FR 28493, 28496 (May 17, 2011)       not believe it is necessary to amend the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                        (SR–NYSEArca–2011–23) (Notice) (‘‘With respect to
                                               set forth in sections A, B, and C below,                 trading halts, the Exchange may consider all
                                                                                                                                                                rule text to effect this change. The
                                               of the most significant parts of such                    relevant factors in exercising its discretion to halt   Exchange proposes to provide notice of
                                               statements.                                              or suspend trading in the Shares. Trading may be        the amended Auction Reference Price
                                                                                                        halted because of market conditions or for reasons      and related Auction Collars via a Trader
                                                                                                        that, in the view of the Exchange, make trading in
                                                 1 15 U.S.C. 78s(b)(1).                                 the Shares inadvisable’’, including if the NAV with     Update, to be published before the
                                                 2 15 U.S.C. 78a.                                       respect to SVXY is not disseminated to all market       Trading Halt Auction in SVXY.
                                                 3 17 CFR 240.19b–4.                                    participants at the same time).



                                          VerDate Sep<11>2014    19:57 Feb 20, 2018   Jkt 244001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\21FEN1.SGM   21FEN1


                                               7518                         Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices

                                               2. Statutory Basis                                         of the purposes of the Act. The                          protection of investors and the public
                                                  The proposed rule change is                             proposed rule change is not designed to                  interest because the proposed rule
                                               consistent with Section 6(b) of the Act,5                  address any competitive issues but                       change is designed to facilitate the
                                               in general, and furthers the objectives of                 rather is designed to ensure a fair and                  orderly reopening of trading in SVXY.
                                               Section 6(b)(5) of the Act,6 in particular,                orderly market by temporarily amending                   Therefore, the Commission hereby
                                               in that it is designed to prevent                          the Auction Reference Price that would                   waives the operative delay and
                                               fraudulent and manipulative acts and                       be used for the Trading Halt Auction to                  designates the proposal operative upon
                                               practices, to promote just and equitable                   resume trading in SVXY on February 6,                    filing.11
                                               principles of trade, to foster cooperation                 2018 only.                                                  At any time within 60 days of the
                                               and coordination with persons engaged                                                                               filing of such proposed rule change, the
                                                                                                          C. Self-Regulatory Organization’s                        Commission summarily may
                                               in facilitating transactions in securities,                Statement on Comments on the
                                               and to remove impediments to and                                                                                    temporarily suspend such rule change if
                                                                                                          Proposed Rule Change Received From                       it appears to the Commission that such
                                               perfect the mechanism of a free and                        Members, Participants, or Others
                                               open market and a national market                                                                                   action is necessary or appropriate in the
                                                                                                            No written comments were solicited                     public interest, for the protection of
                                               system, and in general, to protect
                                                                                                          or received with respect to the proposed                 investors, or otherwise in furtherance of
                                               investors and the public interest.
                                                  The Exchange believes that it would                     rule change.                                             the purposes of the Act. If the
                                               promote the protection of investors and                    III. Date of Effectiveness of the                        Commission takes such action, the
                                               the public interest to temporarily amend                   Proposed Rule Change and Timing for                      Commission shall institute proceedings
                                               Rule 7.35–E(a)(8) to set a different                       Commission Action                                        under Section 19(b)(2)(B) 12 of the Act to
                                               Auction Reference Price for SVXY for                                                                                determine whether the proposed rule
                                                                                                             Because the proposed rule change                      change should be approved or
                                               the Trading Halt Auction that would                        does not (i) significantly affect the
                                               resume trading in that security on                                                                                  disapproved.
                                                                                                          protection of investors or the public
                                               February 6, 2018. In particular, the                       interest; (ii) impose any significant                    IV. Solicitation of Comments
                                               Exchange believes that the unique                          burden on competition; and (iii) become                    Interested persons are invited to
                                               circumstances of the market-wide                           operative for 30 days from the date on                   submit written data, views, and
                                               trading volatility on February 5 and 6,                    which it was filed, or such shorter time                 arguments concerning the foregoing,
                                               2018, and related impact on the various                    as the Commission may designate, it has                  including whether the proposed rule
                                               prices relating to SVXY, using the
                                                                                                          become effective pursuant to Section                     change is consistent with the Act.
                                               Official Closing Price as the Auction
                                                                                                          19(b)(3)(A) of the Act 7 and Rule 19b–                   Comments may be submitted by any of
                                               Reference Price could result in extreme
                                                                                                          4(f)(6) thereunder.8                                     the following methods:
                                               market volatility for that security after                     A proposed rule change filed
                                               the security resumes trading on                            pursuant to Rule 19b–4(f)(6) under the                   Electronic Comments
                                               February 6, 2018. Specifically, the                        Act 9 normally does not become                              • Use the Commission’s internet
                                               difference between the Official Closing                    operative for 30 days after the date of its              comment form (http://www.sec.gov/
                                               Price on the one hand, and the NAV,                        filing. However, Rule 19b–4(f)(6)(iii) 10                rules/sro.shtml); or
                                               last reported extended-hours sale price,                                                                               • Send an email to rule-comments@
                                                                                                          permits the Commission to designate a
                                               and IIV on the morning of February 6,                                                                               sec.gov. Please include File Number SR–
                                                                                                          shorter time if such action is consistent
                                               2018 on the other hand, indicate that                                                                               NYSEARCA–2018–12 on the subject
                                                                                                          with the protection of investors and the
                                               the Official Closing Price no longer                                                                                line.
                                                                                                          public interest. The Exchange has asked
                                               reflects the value of SVXY.
                                                  By contrast, the Exchange believes                      the Commission to waive the five-day                     Paper Comments
                                               that for this unique circumstance, using                   prefiling requirement, as well the 30-
                                                                                                          day operative delay, so that the proposal                   • Send paper comments in triplicate
                                               an IIV identified shortly before the                                                                                to Brent J. Fields, Secretary, Securities
                                               Trading Halt Auction would more                            may become operative on February 6,
                                                                                                          2018. According to the Exchange,                         and Exchange Commission, 100 F Street
                                               closely reflect the value of SVXY and                                                                               NE, Washington, DC 20549–1090.
                                               would reduce the potential for volatile                    waiver of the operative delay would
                                                                                                          allow it to use an Auction Reference                     All submissions should refer to File
                                               trading after the security resumes                                                                                  Number SR–NYSEARCA–2018–12. This
                                               trading. Accordingly, the Exchange                         Price for the Trading Halt Auction to
                                                                                                          resume trading on SVXY on February 6,                    file number should be included on the
                                               believes that it would remove                                                                                       subject line if email is used. To help the
                                               impediments and perfect the                                2018, that more closely correlates to the
                                                                                                          value of that security, thereby reducing                 Commission process and review your
                                               mechanism of a free and open market
                                                                                                          the potential of volatility after the                    comments more efficiently, please use
                                               and a national market system, and in
                                                                                                          security resumes trading. The                            only one method. The Commission will
                                               general, to protect investors and the
                                                                                                          Commission waives the prefiling                          post all comments on the Commission’s
                                               public interest, to temporarily amend
                                                                                                          requirement and finds that the 30-day                    internet website (http://www.sec.gov/
                                               Rule 7.35–E(a)(8) to provide that the
                                                                                                          operative delay is consistent with the                   rules/sro.shtml). Copies of the
                                               Auction Reference Price for SVXY on
                                                                                                                                                                   submission, all subsequent
                                               February 6, 2018 only would be based
                                                                                                            7 15 U.S.C. 78s(b)(3)(A).                              amendments, all written statements
                                               on an IIV as of 11:00 a.m. Eastern Time.                     8 17 CFR 240.19b–4(f)(6). Rule 19b–4(f)(6)(iii)        with respect to the proposed rule
                                               B. Self-Regulatory Organization’s                          requires the Exchange to provide the Commission          change that are filed with the
                                               Statement on Burden on Competition                         with written notice of its intent to file the proposed
                                                                                                                                                                   Commission, and all written
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                          rule change, along with a brief description and the
                                                 The Exchange does not believe that                       text of the proposed rule change, at least five          communications relating to the
                                               the proposed rule change would impose                      business days prior to the date of filing of the
                                                                                                          proposed rule change, or such shorter time as               11 For purposes only of waiving the 30-day
                                               any burden on competition that is not                      designated by the Commission. The Exchange has           operative delay, the Commission has also
                                               necessary or appropriate in furtherance                    requested that the Commission waive this                 considered the proposed rule’s impact on
                                                                                                          requirement.                                             efficiency, competition, and capital formation. See
                                                 5 15   U.S.C. 78f(b).                                      9 17 CFR 240.19b–4(f)(6).                              15 U.S.C. 78c(f).
                                                 6 15   U.S.C. 78f(b)(5).                                   10 17 CFR 240.19b–4(f)(6)(iii).                           12 15 U.S.C. 78s(b)(2)(B).




                                          VerDate Sep<11>2014      19:57 Feb 20, 2018   Jkt 244001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\21FEN1.SGM     21FEN1


                                                                         Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices                                                       7519

                                               proposed rule change between the                        I. Self-Regulatory Organization’s                     (‘‘SQF’’),4 SQF Purge,5 Ouch to Trade
                                               Commission and any person, other than                   Statement of the Terms of Substance of                Options (‘‘OTTO’’),6 Clearing Trade
                                               those that may be withheld from the                     the Proposed Rule Change                              Interface (‘‘CTI’’),7 Financial
                                               public in accordance with the                                                                                 Information eXchange (‘‘FIX’’),8 FIX
                                               provisions of 5 U.S.C. 552, will be                        The Exchange proposes to amend Port                Drop,9 Disaster Recovery,10 and Market
                                               available for website viewing and                       Fees at Section IV, E to indicate those               Data Port.11 The Exchange proposes to
                                               printing in the Commission’s Public                     fees are not prorated.
                                                                                                                                                                4 SQF is an interface that allows market makers
                                               Reference Room, 100 F Street NE,                           The text of the proposed rule change
                                                                                                                                                             to connect and send quotes, sweeps and auction
                                               Washington, DC 20549, on official                       is available on the Exchange’s website at             responses into the Exchange. Data includes the
                                               business days between the hours of                      http://nasdaqgemx.cchwallstreet.com/,                 following: (1) Options Auction Notifications (e.g.,
                                                                                                       at the principal office of the Exchange,              opening imbalance, Flash, PIM, Solicitation and
                                               10:00 a.m. and 3:00 p.m. Copies of the                                                                        Facilitation or other information); (2) Options
                                               filing also will be available for                       and at the Commission’s Public                        Symbol Directory Messages; (3) System Event
                                               inspection and copying at the principal                 Reference Room.                                       Messages (e.g., start of messages, start of system
                                               office of the Exchange. All comments                                                                          hours, start of quoting, start of opening); (4) Option
                                                                                                       II. Self-Regulatory Organization’s                    Trading Action Messages (e.g., halts, resumes); (5)
                                               received will be posted without change.                                                                       Execution Messages (6) Quote Messages (quote/
                                                                                                       Statement of the Purpose of, and
                                               Persons submitting comments are                                                                               sweep messages, risk protection triggers or purge
                                                                                                       Statutory Basis for, the Proposed Rule                notifications).
                                               cautioned that we do not redact or edit
                                                                                                       Change                                                   5 SQF Purge is a specific port for the SQF
                                               personal identifying information from                                                                         interface that only receives and notifies of purge
                                               comment submissions. You should                           In its filing with the Commission, the              requests from the market maker. Dedicated SQF
                                               submit only information that you wish                   Exchange included statements                          Purge Ports enable market makers to seamlessly
                                                                                                                                                             manage their ability to remove their quotes in a
                                               to make available publicly. All                         concerning the purpose of and basis for               swift manner.
                                               submissions should refer to File                        the proposed rule change and discussed                   6 OTTO is an interface that allows market

                                               Number SR–NYSEARCA–2018–12 and                          any comments it received on the                       participants to connect and send orders, auction
                                               should be submitted on or before March                  proposed rule change. The text of these               orders and auction responses into the Exchange.
                                                                                                                                                             Data includes the following: (1) Options Auction
                                               14, 2018.                                               statements may be examined at the                     Notifications (e.g., Flash, PIM, Solicitation and
                                                 For the Commission, by the Division of                places specified in Item IV below. The                Facilitation or other information); (2) Options
                                                                                                       Exchange has prepared summaries, set                  Symbol Directory Messages; (3) System Event
                                               Trading and Markets, pursuant to delegated                                                                    Messages (e.g., start of messages, start of system
                                               authority.13                                            forth in sections A, B, and C below, of               hours, start of quoting, start of opening); (5) Option
                                               Eduardo A. Aleman,                                      the most significant aspects of such                  Trading Action Messages (e.g., halts, resumes); (6)
                                                                                                       statements.                                           Execution Messages; (7) Order Messages (order
                                               Assistant Secretary.                                                                                          messages, risk protection triggers or purge
                                               [FR Doc. 2018–03454 Filed 2–20–18; 8:45 am]             A. Self-Regulatory Organization’s                     notifications).
                                                                                                                                                                7 CTI is a real-time clearing trade update message
                                               BILLING CODE 8011–01–P                                  Statement of the Purpose of, and                      that is sent to a member after an execution has
                                                                                                       Statutory Basis for, the Proposed Rule                occurred and contains trade details. The message
                                                                                                       Change                                                containing the trade details is also simultaneously
                                               SECURITIES AND EXCHANGE                                                                                       sent to The Options Clearing Corporation (‘‘OCC’’).
                                               COMMISSION                                              1. Purpose                                            The information includes, among other things, the
                                                                                                                                                             following: (i) The Clearing Member Trade
                                                                                                         The purpose of the proposed rule                    Agreement or ‘‘CMTA’’ or ‘‘OCC’’ number; (ii)
                                               [Release No. 34–82713; File No. SR–GEMX–                                                                      Exchange badge or house number; (iii) the Exchange
                                                                                                       change is to include language within the              internal firm identifier; and (iv) an indicator which
                                               2018–06]                                                Schedule of Fees at Section IV, E,                    will distinguish electronic and non-electronically
                                                                                                       entitled ‘‘Port Fees’’ to clarify that the            delivered orders; (v) liquidity indicators and
                                               Self-Regulatory Organizations; Nasdaq                   port fees in this section are not subject             transaction type for billing purposes; (vi) capacity.
                                                                                                                                                                8 FIX is an interface that allows market
                                               GEMX, LLC; Notice of Filing and                         to proration. Today, the Exchange does                participants to connect and send orders and auction
                                               Immediate Effectiveness of Proposed                     not prorate the pricing for these ports.              orders into the Exchange. Data includes the
                                               Rule Change To Amend Port Fees                                                                                following: (1) Options Symbol Directory Messages;
                                                                                                       Background                                            (2) System Event Messages (e.g., start of messages,
                                               February 14, 2018.                                                                                            start of system hours, start of quoting, start of
                                                  Pursuant to Section 19(b)(1) of the                     The Exchange previously filed 3 to: (1)            opening); (3) Option Trading Action Messages (e.g.,
                                                                                                       Establish ports and gateways that                     halts, resumes); (4) Execution Messages; (5) Order
                                               Securities Exchange Act of 1934                                                                               Messages (order messages, risk protection triggers or
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 members use to connect to the Exchange                purge notifications).
                                               notice is hereby given that on February                 with the migration of the Exchange’s                     9 FIX Drop is a real-time order and execution

                                                                                                       trading system to the Nasdaq INET                     update message that is sent to a member after an
                                               9, 2018, Nasdaq GEMX, LLC (‘‘GEMX’’                                                                           order been received/modified or an execution has
                                               or ‘‘Exchange’’) filed with the Securities              architecture, and (2) amend the                       occurred and contains trade details. The
                                               and Exchange Commission                                 Schedule of Fees to adopt fees for those              information includes, among other things, the
                                               (‘‘Commission’’) the proposed rule                      ports and gateways. The Exchange                      following: (1) Executions; (2) cancellations; (3)
                                                                                                       established fees for the following                    modifications to an existing order (4) busts or post-
                                               change as described in Items I and II                                                                         trade corrections.
                                               below, which Items have been prepared                   connectivity options that are available                  10 Disaster Recovery ports provide connectivity to

                                               by the Exchange. The Commission is                      in connection with the Exchange’s                     the exchange’s disaster recovery data center in
                                                                                                       trading system: Specialized Quote Feed                Chicago to be utilized in the event the exchange has
                                               publishing this notice to solicit                                                                             to fail over during the trading day. DR Ports are
daltland on DSKBBV9HB2PROD with NOTICES




                                               comments on the proposed rule change                                                                          available for SQF, SQF Purge, Dedicated SQF, CTI,
                                               from interested persons.                                                                                      OTTO, FIX and FIX Drop.
                                                                                                                                                                11 Market Data ports provide connectivity to the

                                                                                                                                                             Exchange’s proprietary market data feeds, including
                                                                                                                                                             the Nasdaq GEMX Real-time Depth of Market Raw
                                                 13 17
                                                                                                                                                             Data Feed (‘‘Depth of Market Feed’’), the Nasdaq
                                                       CFR 200.30–3(a)(12).                              3 See Securities and Exchange Act Release No.
                                                                                                                                                             GEMX Order Feed (‘‘Order Feed’’), the Nasdaq
                                                 1 15 U.S.C. 78s(b)(1).                                80649 (May 10, 2017), 82 FR 22595 (May 16, 2017)      GEMX Top Quote Feed (‘‘Top Quote Feed’’), the
                                                 2 17 CFR 240.19b–4.                                   (SR–GEMX–2017–07).                                                                                Continued




                                          VerDate Sep<11>2014   19:57 Feb 20, 2018   Jkt 244001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\21FEN1.SGM   21FEN1



Document Created: 2018-02-21 01:48:48
Document Modified: 2018-02-21 01:48:48
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 7517 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR