Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by NASDAQ OMX PHLX LLC Relating to Trading Halts Due to Extraordinary Market Volatility, 61419-61422 [2011-25515]
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Notices
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2011–131. This
file number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
publicly available. All submissions
should refer to File Number SR–
NASDAQ–2011–131 and should be
submitted on or before October 25,
2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–25517 Filed 10–3–11; 8:45 am]
pmangrum on DSK3VPTVN1PROD with NOTICES
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65434; File No. SR–Phlx–
2011–129]
Self-Regulatory Organizations; Notice
of Filing of Proposed Rule Change by
NASDAQ OMX PHLX LLC Relating to
Trading Halts Due to Extraordinary
Market Volatility
September 28, 2011.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 27, 2011, NASDAQ OMX
PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I and II, below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Exchange Rule 133 to revise the
methodology for determining when to
halt trading in all stocks due to
extraordinary market volatility. The
proposal is made in conjunction with all
national securities exchanges and the
Financial Industry Regulatory Authority
(‘‘FINRA’’).
The text of the proposed rule change
is available on the Exchange’s Web site
at https://www.nasdaqtrader.com/
micro.aspx?id=PHLXRulefilings, at the
principal office of the Exchange, at the
Commission’s Public Reference Room,
and at the Commission’s Web site at
https://www.sec.gov.
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
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
1 15
21 17
CFR 200.30–3(a)(12).
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2 17
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PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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61419
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
Exchange Rule 133 to revise the current
methodology for determining when to
halt trading in all stocks due to
extraordinary market volatility. The
Exchange is proposing this rule change
in consultation with other equity,
options, and futures markets, the
Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’), and staffs of
the Commission and the Commodity
Futures Trading Commission.
Since May 6, 2010, when the markets
experienced excessive volatility in an
abbreviated time period, i.e., the ‘‘flash
crash,’’ the exchanges and FINRA have
implemented market-wide measures
designed to restore investor confidence
by reducing the potential for excessive
market volatility. Among the measures
adopted include pilot plans for stockby-stock trading pauses 3 and related
changes to the clearly erroneous
execution rules.4 In addition, on April
5, 2011, the equities exchanges and
FINRA filed a plan pursuant to Rule 608
of Regulation NMS to address
extraordinary market volatility (the
‘‘Limit Up-Limit Down Plan’’).5 As
proposed, the Limit Up-Limit Down
Plan is designed to prevent trades in
individual NMS stocks from occurring
outside specified price bands.
The Joint CFTC–SEC Advisory
Committee on Emerging Regulatory
Issues (‘‘Committee’’) has recommended
that, in addition to the initiatives
already adopted or proposed, the
markets should consider reforming the
existing market-wide circuit breakers.
Among other things, the Committee
noted that the interrelatedness of
today’s highly electronic markets
warrants the need to review the present
operation of the system-wide circuit
breakers now in place. Specifically, the
Committee recommended that the
markets consider replacing the Dow
Jones Industrial Average (‘‘DJIA’’) with
the S&P 500® Index (‘‘S&P 500’’),
revising the 10%, 20%, and 30%
decline percentages, reducing the length
of trading halts, and allowing halts to be
triggered up to 3:30 p.m.6
3 PHLX
Rule 3120.
Rule 3312.
5 See Securities Exchange Act Release No. 64547
(May 25, 2011), 76 FR 31647 (June 1, 2011).
6 See Summary Report of the Committee,
‘‘Recommendations Regarding Regulatory
Responses to the Market Events of May 6, 2010’’
(Feb, 18, 2011).
4 PHLX
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Notices
The exchanges and FINRA have taken
into consideration the Committee’s
recommendations, and with some
modifications, have proposed changes
to market-wide circuit breakers that the
Exchange believes will provide for a
more meaningful measure in today’s
faster, more electronic markets, of when
to halt stocks on a market-wide basis as
a result of rapid market declines.
Background
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The Exchange adopted Rule 133 in
October 1988 as part of an effort by the
securities and futures markets to
implement a coordinated means to
address potentially destabilizing market
volatility.7 Rule 133 provides for
market-wide halts in trading at specified
levels in order to promote stability and
investor confidence during a period of
significant stress. As the Commission
noted in its approval order, Rule 133
was intended to enable market
participants to establish an equilibrium
between buying and selling interest and
to ensure that market participants have
an opportunity to become aware of and
respond to significant price movements.
Importantly, the market-wide circuit
breakers were not intended to prevent
markets from adjusting to new price
levels; rather, they provide for a speed
bump for extremely rapid market
declines.8
In its current form,9 the rule provides
for Level 1, 2, and 3 declines and
specified trading halts following such
declines. The values of Levels 1, 2 and
3 are calculated at the beginning of each
calendar quarter, using 10%, 20% and
30%, respectively, of the average closing
value of the DJIA for the month prior to
the beginning of the quarter. Each
percentage calculation is rounded to the
nearest fifty points to create the Levels’
trigger points. The Exchange
disseminates the new trigger levels
quarterly to the media and via an
Information Memo and is [sic] available
on the Exchange’s website. The values
then remain in effect until the next
quarterly calculation, notwithstanding
whether the DJIA has moved and a
Level 1, 2, or 3 decline is no longer
equal to an actual 10%, 20%, or 30%
7 See Securities Exchange Act Release No. 26198
(Oct. 19, 1988).
8 Id.
9 The rule was last amended in 1998, when
declines based on specified point drops in the DJIA
were replaced with the current methodology of
using a percentage decline that is recalculated
quarterly. See Securities Exchange Act Release No.
39846 (April 9, 1998), 63 FR 18477 (April 15, 1998)
(SR–NYSE–98–06, SR–Amex-98–09, SR–BSE–98–
06, SR–CHX–98–08, SR–NASD–98–27, and SR–
Phlx–98–15).
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decline in the most recent closing value
of the DJIA.
Once a marketwide circuit breaker is
in effect, trading in all stocks halt for the
time periods specified below:
Level 1 Halt
Anytime before 2 p.m.—one hour;
at or after 2 p.m. but before 2:30
p.m.—30 minutes;
at or after 2:30 p.m.—trading shall
continue, unless there is a Level 2 Halt.
Level 2 Halt
Anytime before 1 p.m.—two hours;
at or after 1 p.m. but before 2 p.m.—
one hour;
at or after 2 p.m.—trading shall halt
and not resume for the rest of the day.
Level 3 Halt
At any time—trading shall halt and
not resume for the rest of the day.
Unless stocks are halted for the
remainder of the trading day, price
indications are disseminated during a
Rule 80B trading halt for stocks that
comprise the DJIA.
Proposed Amendments
As noted above, the Exchange, other
equities, options, and futures markets,
and FINRA propose to amend the
market-wide circuit breakers to take into
consideration the recommendations of
the Committee, and to provide for more
meaningful measures in today’s markets
of when to halt trading in all stocks.
Accordingly, the Exchange proposes to
amend Rule 133 to create the following
standards: (i) Replace the DJIA with the
S&P 500; (ii) replace the quarterly
calendar recalculation of Rule 133
triggers with daily recalculations; (iii)
replace the 10%, 20%, and 30% market
decline percentages with 7%, 13%, and
20% market decline percentages; (iv)
modify the length of the trading halts
associated with each market decline
level; and (v) modify the times when a
trading halt may be triggered. The
Exchange believes that these proposed
amendments update the rule to reflect
today’s high-speed, highly electronic
trading market while still ensuring that
market participants have an opportunity
to become aware of and respond to
significant price movements.
First, the Exchange proposes to
replace the DJIA with the S&P 500. The
Exchange believes that because the S&P
500 is based on the trading prices of 500
stocks, as compared to the 30 stocks that
comprise the DJIA, the S&P 500
represents a broader base of securities
against which to measure whether
extraordinary market-wide volatility is
occurring. In addition, as noted by the
Committee, using an index that
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correlates closely with derivative
products, such as the E-Mini and SPY,
will allow for a better cross-market
measure of market volatility.
Second, the Exchange proposes to
change the recalculation of the trigger
values from once every calendar quarter
to daily. The Exchange believes that
updating the trigger values daily will
better reflect current market conditions.
In particular, a daily recalculation will
ensure that the percentage drop triggers
relate to current market conditions, and
are not compared to what may be stale
market conditions. As noted in the
proposed rule, the daily calculations of
the trigger values will be published
before the trading day begins.10
Third, the Exchange proposes to
decrease the current Level 1, 2, and 3
declines of 10%, 20%, and 30% to a
Level 1 Market Decline of 7%, a Level
2 Market Decline of 13%, and Level 3
Market Decline of 20%. In particular, as
demonstrated by the May 6, 2010 flash
crash, the current Level 1 10% decline
may be too high a threshold before
determining whether to halt trading
across all securities. In fact, since
adoption, the markets have halted only
once, on October 27, 1997.11
Accordingly, to reflect the potential that
a lower, yet still significant decline may
warrant a market-wide trading halt, the
Exchange proposes to lower the market
decline percentage thresholds.
As further proposed, the Exchange
would halt trading based on a Level 1
or Level 2 Market Decline only once per
day. For example, if a Level 1 Market
Decline were to occur and trading were
halted, following the reopening of
trading, the Exchange would not halt
the market again unless a Level 2
Market Decline were to occur. Likewise,
following the reopening of trading after
a Level 2 Market Decline, the Exchange
would not halt trading again unless a
Level 3 Market Decline were to occur,
at which point, trading in all stocks
would be halted until the primary
market opens the next trading day.
Fourth, to correspond with the lower
percentages associated with triggering a
trading halt, the Exchange also proposes
to shorten the length of the market-wide
trading halts associated with each Level.
As proposed, a Level 1 or 2 Market
Decline occurring after 9:30 a.m. Eastern
10 The Exchange and other markets will advise via
Trader Update the specific methodology for
publishing the daily calculations, as well as the
manner by which the markets will halt trading in
all stocks should a Rule 133 trading halt be
triggered.
11 At that time, the triggers were based on
absolute declines in the DJIA (350 point decrease
for a Level 1 halt and 550 point decrease for a Level
2 halt).
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Notices
and up to and including 3:25 p.m.
Eastern, would result in a trading halt
in all stocks for 15 minutes.
The Exchange believes that by
reducing the percentage threshold,
coupled with the reduced length of a
trading halt, the proposed rule would
allow for trading halts for serious
market declines, while at the same time,
would minimize disruption to the
market by allowing for trading to
continue after the proposed moreabbreviated trading halt. The Exchange
believes that in today’s markets, where
trading information travels in microsecond speed, a 15-minute trading halt
strikes the appropriate balance between
the need to halt trading for market
participants to assess the market, while
at the same time reducing the time that
the market is halted.
Finally, because the proposed Level 1
and Level 2 trading halts will now be 15
minutes, the Exchange proposes
amending the rule to allow for a Level
1 or 2 Market Decline to trigger a trading
halt up to 3:25 p.m. (or, in the case of
scheduled early closure, at 12:25 p.m.).
Under the current rule, a trading halt
cannot be triggered after 2:30 p.m., and
this time corresponds to the need for the
markets both to reopen following a 30minute halt and to engage in a fair and
orderly closing process. However, as the
markets experienced on May 6, 2010,
even if the Level 1 decline had occurred
that day, because the market decline
occurred after 2:30 p.m., it would not
have triggered a halt under the current
rule. The Committee recommended that
trading halts be triggered up to 3:30 p.m.
The Exchange agrees that the proposed
amendments must strike the appropriate
balance between permitting trading
halts as late in the day as feasible
without interrupting the closing
process.
Accordingly, to accommodate existing
rules of other exchanges concerning
closing procedures, including the
publication of imbalance information
beginning at 3:50 p.m. and the
restrictions on entry and cancellation of
market on close (‘‘MOC’’) and limit on
close (‘‘LOC’’) orders after 3:45 p.m., the
Exchange proposes that the last Level 1
or Level 2 Market Decline trading halt
should begin no later than 3:25 p.m. (or,
in the case of scheduled early closure,
at 12:25 p.m.). The Exchange proposes
3:25 p.m. as the cut-off time so that
there is time following the 15-minute
trading halt for the markets to reopen
before the 3:45 cut-off for entry and
cancellation of MOC and LOC orders
under Exchange rules.
Under the proposed rule, a Level 3
Market Decline would halt trading for
the remainder of the trading day,
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including any trading that may take
place after 4:00 p.m., Eastern, and
would not resume until the next trading
day.
In addition to these proposed
changes, the Exchange proposes to add
to Rule 133 how the markets will reopen
following a 15-minute trading halt. In
particular, the Exchange proposes that if
the primary market halts trading in all
stocks, all markets will halt trading in
those stocks until the primary market
has resumed trading or notice has been
provided by the primary market that
trading may resume. As further
proposed, if the primary market does
not re-open a security within 15
minutes following the end of the trading
halt, other markets may resume trading
in that security.
2. Statutory Basis
The statutory basis for the proposed
rule change is Section 6(b)(5) of the
Act,12 which requires the rules of an
exchange to promote just and equitable
principles of trade, 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. The proposed rule
change also is designed to support the
principles of Section 11A(a)(1) 13 of the
Act in that it seeks to assure fair
competition among brokers and dealers
and among exchange markets. The
Exchange believes that the proposed
rule meets these requirements in that it
promotes transparency and uniformity
across markets concerning decisions to
pause [sic] trading in a security when
there are significant price movements.
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 not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
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 within such longer period (i)
as the Commission may designate up to
12 15
13 15
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U.S.C. 78f(b)(5).
U.S.C. 78k–1(a)(1).
Frm 00082
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61421
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the Exchange consents,
the Commission will:
(A) By order approve or disapprove
such 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
changes to the market-wide circuit
breaker regime are consistent with the
Act. The Commission specifically
requests comment on the following:
• As discussed above, the proposed
rule change would narrow the
percentage market declines that would
trigger a market-wide halt in trading.
How would the proposed changes
interact with the existing single-stock
circuit breaker pilot program 14 or, if
approved, the proposed NMS Plan to
establish a limit-up/limit-down
mechanism for individual securities? 15
• To what extent could the
concurrent triggering of single stock
circuit breakers in many S&P 500 Index
stocks lead to difficulties in calculating
the index? Would the triggering of many
single stock circuit breakers in a general
market downturn cause the index
calculation to become stale and thereby
delay the triggering of the market-wide
circuit breaker?
• Should the market-wide circuit
breaker be triggered if a sufficient
number of single-stock circuit breakers
or price limits are triggered, and
materially affect calculations of the S&P
500 Index?
• Should market centers implement
rules that mandate cancellation of
pending orders in the event a marketwide circuit breaker is triggered? If so,
should such a rule require cancellation
of all orders or only certain order types
(e.g., limit orders)? Should all trading
halts trigger such cancellation policies
14 See Securities Exchange Act Release No. 64735
(June 23, 2011), 76 FR 38243 (June 29, 2011) (SR–
BATS–2011–016; SR–BYX–2011–011; SR–BX–
2011–025; SR–CBOE–2011–049; SR–CHX–2011–09;
SR–EDGA–2011–15; SR–EDGX–2011–14; SR–
FINRA–2011–023; SR–ISE–2011–028; SR–
NASDAQ–2011–067; SR–NYSE–2011–21; SR–
NYSEAmex–2011–32; SR–NYSEArca–2011–26; SR–
NSX–2011–06; SR–Phlx–2011–64) (approving the
‘‘Phase III Pilot Program’’). The Phase III Pilot
Program has been extended through January 2012.
See, e.g., Securities Exchange Act Release 65094
(August 10, 2011), 76 FR 50779 (August 16, 2011)
(SR–NASDAQ–2011–011).
15 See Securities Exchange Act Release No. 64547
(May 25, 2011), 76 FR 31647 (June 1, 2011).
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Notices
or should the cancellation policies
apply only to a Level 3 Market Decline?
• Should some provision be made to
end the regular trading session if a
market decline suddenly occurs after
3:25 p.m. but does not reach the 20%
level?
• In the event of a Level 3 Market
Decline, should some provision be made
for the markets to hold a closing
auction?
• Should the primary market have a
longer period (e.g., 30 minutes) to
reopen trading following a Level 2
Market Decline before trading resumes
in other venues?
• In the event of a Level 3 Market
Decline, should the markets wait for the
primary market to reopen trading in a
particular security on the next trading
day before trading in that security
resumes?
Comments may be submitted by any
of the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Phlx–2011–129 on the
subject line.
pmangrum on DSK3VPTVN1PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–Phlx–2011–129. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
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15:03 Oct 03, 2011
Jkt 226001
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
publicly available. All submissions
should refer to File Number SR–Phlx–
2011–129 and should be submitted on
or before October 25, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–25515 Filed 10–3–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65432; File No. SR–
NYSEAMEX–2011–73]
Self-Regulatory Organizations; NYSE
Amex LLC; Notice of Filing of
Proposed Rule Change Amending
NYSE Amex Equities Rule 80B To
Revise the Current Methodology for
Determining When To Halt Trading in
All Stocks Due to Extraordinary Market
Volatility
September 28, 2011.
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
September 27, 2011, NYSE Amex LLC
(the ‘‘Exchange’’ or ‘‘NYSE Amex’’) 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to NYSE
Amex Equities Rule 80B to revise the
current methodology for determining
when to halt trading in all stocks due to
extraordinary market volatility. The text
of the proposed rule change is available
at the Exchange, the Commission’s
Public Reference Room, and https://
www.nyse.com.
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
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
NYSE Amex Equities Rule 80B to revise
the current methodology for
determining when to halt trading in all
stocks due to extraordinary market
volatility. The Exchange is proposing
this rule change in consultation with
other equity, options, and futures
markets, the Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’),
and staffs of the Commission and the
Commodity Futures Trading
Commission.
Since May 6, 2010, when the markets
experienced excessive volatility in an
abbreviated time period, i.e., the ‘‘flash
crash,’’ the exchanges and FINRA have
implemented market-wide measures
designed to restore investor confidence
by reducing the potential for excessive
market volatility. Among the measures
adopted include pilot plans for stockby-stock trading pauses 4 and related
changes to the clearly erroneous
execution rules 5 and more stringent
market maker quoting requirements.6 In
addition, on April 5, 2011, the equities
exchanges and FINRA filed a plan
pursuant to Rule 608 of Regulation NMS
to address extraordinary market
volatility (the ‘‘Limit Up-Limit Down
Plan’’).7 As proposed, the Limit UpLimit Down Plan is designed to prevent
trades in individual NMS stocks from
occurring outside specified price bands.
The Joint CFTC–SEC Advisory
Committee on Emerging Regulatory
Issues (‘‘Committee’’) has recommended
that, in addition to the initiatives
already adopted or proposed, the
4 NYSE
16 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
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Fmt 4703
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Amex Equities Rule 80C.
Amex Equities Rule 128.
6 NYSE Amex Equities Rule 104(a)(1)(B).
7 See Securities Exchange Act Release No. 64547
(May 25, 2011), 76 FR 31647 (June 1, 2011).
5 NYSE
E:\FR\FM\04OCN1.SGM
04OCN1
Agencies
[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Notices]
[Pages 61419-61422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25515]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65434; File No. SR-Phlx-2011-129]
Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NASDAQ OMX PHLX LLC Relating to Trading Halts Due to
Extraordinary Market Volatility
September 28, 2011.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 27, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the Exchange. 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\ 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 Exchange Rule 133 to revise the
methodology for determining when to halt trading in all stocks due to
extraordinary market volatility. The proposal is made in conjunction
with all national securities exchanges and the Financial Industry
Regulatory Authority (``FINRA'').
The text of the proposed rule change is available on the Exchange's
Web site at https://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, at the Commission's Public
Reference Room, and at the Commission's Web site at https://www.sec.gov.
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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Exchange Rule 133 to revise the
current methodology for determining when to halt trading in all stocks
due to extraordinary market volatility. The Exchange is proposing this
rule change in consultation with other equity, options, and futures
markets, the Financial Industry Regulatory Authority, Inc. (``FINRA''),
and staffs of the Commission and the Commodity Futures Trading
Commission.
Since May 6, 2010, when the markets experienced excessive
volatility in an abbreviated time period, i.e., the ``flash crash,''
the exchanges and FINRA have implemented market-wide measures designed
to restore investor confidence by reducing the potential for excessive
market volatility. Among the measures adopted include pilot plans for
stock-by-stock trading pauses \3\ and related changes to the clearly
erroneous execution rules.\4\ In addition, on April 5, 2011, the
equities exchanges and FINRA filed a plan pursuant to Rule 608 of
Regulation NMS to address extraordinary market volatility (the ``Limit
Up-Limit Down Plan'').\5\ As proposed, the Limit Up-Limit Down Plan is
designed to prevent trades in individual NMS stocks from occurring
outside specified price bands.
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\3\ PHLX Rule 3120.
\4\ PHLX Rule 3312.
\5\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011).
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The Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues
(``Committee'') has recommended that, in addition to the initiatives
already adopted or proposed, the markets should consider reforming the
existing market-wide circuit breakers. Among other things, the
Committee noted that the interrelatedness of today's highly electronic
markets warrants the need to review the present operation of the
system-wide circuit breakers now in place. Specifically, the Committee
recommended that the markets consider replacing the Dow Jones
Industrial Average (``DJIA'') with the S&P 500[reg] Index (``S&P
500''), revising the 10%, 20%, and 30% decline percentages, reducing
the length of trading halts, and allowing halts to be triggered up to
3:30 p.m.\6\
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\6\ See Summary Report of the Committee, ``Recommendations
Regarding Regulatory Responses to the Market Events of May 6, 2010''
(Feb, 18, 2011).
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[[Page 61420]]
The exchanges and FINRA have taken into consideration the
Committee's recommendations, and with some modifications, have proposed
changes to market-wide circuit breakers that the Exchange believes will
provide for a more meaningful measure in today's faster, more
electronic markets, of when to halt stocks on a market-wide basis as a
result of rapid market declines.
Background
The Exchange adopted Rule 133 in October 1988 as part of an effort
by the securities and futures markets to implement a coordinated means
to address potentially destabilizing market volatility.\7\ Rule 133
provides for market-wide halts in trading at specified levels in order
to promote stability and investor confidence during a period of
significant stress. As the Commission noted in its approval order, Rule
133 was intended to enable market participants to establish an
equilibrium between buying and selling interest and to ensure that
market participants have an opportunity to become aware of and respond
to significant price movements. Importantly, the market-wide circuit
breakers were not intended to prevent markets from adjusting to new
price levels; rather, they provide for a speed bump for extremely rapid
market declines.\8\
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\7\ See Securities Exchange Act Release No. 26198 (Oct. 19,
1988).
\8\ Id.
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In its current form,\9\ the rule provides for Level 1, 2, and 3
declines and specified trading halts following such declines. The
values of Levels 1, 2 and 3 are calculated at the beginning of each
calendar quarter, using 10%, 20% and 30%, respectively, of the average
closing value of the DJIA for the month prior to the beginning of the
quarter. Each percentage calculation is rounded to the nearest fifty
points to create the Levels' trigger points. The Exchange disseminates
the new trigger levels quarterly to the media and via an Information
Memo and is [sic] available on the Exchange's website. The values then
remain in effect until the next quarterly calculation, notwithstanding
whether the DJIA has moved and a Level 1, 2, or 3 decline is no longer
equal to an actual 10%, 20%, or 30% decline in the most recent closing
value of the DJIA.
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\9\ The rule was last amended in 1998, when declines based on
specified point drops in the DJIA were replaced with the current
methodology of using a percentage decline that is recalculated
quarterly. See Securities Exchange Act Release No. 39846 (April 9,
1998), 63 FR 18477 (April 15, 1998) (SR-NYSE-98-06, SR-Amex-98-09,
SR-BSE-98-06, SR-CHX-98-08, SR-NASD-98-27, and SR-Phlx-98-15).
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Once a marketwide circuit breaker is in effect, trading in all
stocks halt for the time periods specified below:
Level 1 Halt
Anytime before 2 p.m.--one hour;
at or after 2 p.m. but before 2:30 p.m.--30 minutes;
at or after 2:30 p.m.--trading shall continue, unless there is a
Level 2 Halt.
Level 2 Halt
Anytime before 1 p.m.--two hours;
at or after 1 p.m. but before 2 p.m.--one hour;
at or after 2 p.m.--trading shall halt and not resume for the rest
of the day.
Level 3 Halt
At any time--trading shall halt and not resume for the rest of the
day.
Unless stocks are halted for the remainder of the trading day,
price indications are disseminated during a Rule 80B trading halt for
stocks that comprise the DJIA.
Proposed Amendments
As noted above, the Exchange, other equities, options, and futures
markets, and FINRA propose to amend the market-wide circuit breakers to
take into consideration the recommendations of the Committee, and to
provide for more meaningful measures in today's markets of when to halt
trading in all stocks. Accordingly, the Exchange proposes to amend Rule
133 to create the following standards: (i) Replace the DJIA with the
S&P 500; (ii) replace the quarterly calendar recalculation of Rule 133
triggers with daily recalculations; (iii) replace the 10%, 20%, and 30%
market decline percentages with 7%, 13%, and 20% market decline
percentages; (iv) modify the length of the trading halts associated
with each market decline level; and (v) modify the times when a trading
halt may be triggered. The Exchange believes that these proposed
amendments update the rule to reflect today's high-speed, highly
electronic trading market while still ensuring that market participants
have an opportunity to become aware of and respond to significant price
movements.
First, the Exchange proposes to replace the DJIA with the S&P 500.
The Exchange believes that because the S&P 500 is based on the trading
prices of 500 stocks, as compared to the 30 stocks that comprise the
DJIA, the S&P 500 represents a broader base of securities against which
to measure whether extraordinary market-wide volatility is occurring.
In addition, as noted by the Committee, using an index that correlates
closely with derivative products, such as the E-Mini and SPY, will
allow for a better cross-market measure of market volatility.
Second, the Exchange proposes to change the recalculation of the
trigger values from once every calendar quarter to daily. The Exchange
believes that updating the trigger values daily will better reflect
current market conditions. In particular, a daily recalculation will
ensure that the percentage drop triggers relate to current market
conditions, and are not compared to what may be stale market
conditions. As noted in the proposed rule, the daily calculations of
the trigger values will be published before the trading day begins.\10\
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\10\ The Exchange and other markets will advise via Trader
Update the specific methodology for publishing the daily
calculations, as well as the manner by which the markets will halt
trading in all stocks should a Rule 133 trading halt be triggered.
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Third, the Exchange proposes to decrease the current Level 1, 2,
and 3 declines of 10%, 20%, and 30% to a Level 1 Market Decline of 7%,
a Level 2 Market Decline of 13%, and Level 3 Market Decline of 20%. In
particular, as demonstrated by the May 6, 2010 flash crash, the current
Level 1 10% decline may be too high a threshold before determining
whether to halt trading across all securities. In fact, since adoption,
the markets have halted only once, on October 27, 1997.\11\
Accordingly, to reflect the potential that a lower, yet still
significant decline may warrant a market-wide trading halt, the
Exchange proposes to lower the market decline percentage thresholds.
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\11\ At that time, the triggers were based on absolute declines
in the DJIA (350 point decrease for a Level 1 halt and 550 point
decrease for a Level 2 halt).
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As further proposed, the Exchange would halt trading based on a
Level 1 or Level 2 Market Decline only once per day. For example, if a
Level 1 Market Decline were to occur and trading were halted, following
the reopening of trading, the Exchange would not halt the market again
unless a Level 2 Market Decline were to occur. Likewise, following the
reopening of trading after a Level 2 Market Decline, the Exchange would
not halt trading again unless a Level 3 Market Decline were to occur,
at which point, trading in all stocks would be halted until the primary
market opens the next trading day.
Fourth, to correspond with the lower percentages associated with
triggering a trading halt, the Exchange also proposes to shorten the
length of the market-wide trading halts associated with each Level. As
proposed, a Level 1 or 2 Market Decline occurring after 9:30 a.m.
Eastern
[[Page 61421]]
and up to and including 3:25 p.m. Eastern, would result in a trading
halt in all stocks for 15 minutes.
The Exchange believes that by reducing the percentage threshold,
coupled with the reduced length of a trading halt, the proposed rule
would allow for trading halts for serious market declines, while at the
same time, would minimize disruption to the market by allowing for
trading to continue after the proposed more-abbreviated trading halt.
The Exchange believes that in today's markets, where trading
information travels in micro-second speed, a 15-minute trading halt
strikes the appropriate balance between the need to halt trading for
market participants to assess the market, while at the same time
reducing the time that the market is halted.
Finally, because the proposed Level 1 and Level 2 trading halts
will now be 15 minutes, the Exchange proposes amending the rule to
allow for a Level 1 or 2 Market Decline to trigger a trading halt up to
3:25 p.m. (or, in the case of scheduled early closure, at 12:25 p.m.).
Under the current rule, a trading halt cannot be triggered after 2:30
p.m., and this time corresponds to the need for the markets both to
reopen following a 30-minute halt and to engage in a fair and orderly
closing process. However, as the markets experienced on May 6, 2010,
even if the Level 1 decline had occurred that day, because the market
decline occurred after 2:30 p.m., it would not have triggered a halt
under the current rule. The Committee recommended that trading halts be
triggered up to 3:30 p.m. The Exchange agrees that the proposed
amendments must strike the appropriate balance between permitting
trading halts as late in the day as feasible without interrupting the
closing process.
Accordingly, to accommodate existing rules of other exchanges
concerning closing procedures, including the publication of imbalance
information beginning at 3:50 p.m. and the restrictions on entry and
cancellation of market on close (``MOC'') and limit on close (``LOC'')
orders after 3:45 p.m., the Exchange proposes that the last Level 1 or
Level 2 Market Decline trading halt should begin no later than 3:25
p.m. (or, in the case of scheduled early closure, at 12:25 p.m.). The
Exchange proposes 3:25 p.m. as the cut-off time so that there is time
following the 15-minute trading halt for the markets to reopen before
the 3:45 cut-off for entry and cancellation of MOC and LOC orders under
Exchange rules.
Under the proposed rule, a Level 3 Market Decline would halt
trading for the remainder of the trading day, including any trading
that may take place after 4:00 p.m., Eastern, and would not resume
until the next trading day.
In addition to these proposed changes, the Exchange proposes to add
to Rule 133 how the markets will reopen following a 15-minute trading
halt. In particular, the Exchange proposes that if the primary market
halts trading in all stocks, all markets will halt trading in those
stocks until the primary market has resumed trading or notice has been
provided by the primary market that trading may resume. As further
proposed, if the primary market does not re-open a security within 15
minutes following the end of the trading halt, other markets may resume
trading in that security.
2. Statutory Basis
The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\12\ which requires the rules of an exchange to promote just
and equitable principles of trade, 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. The
proposed rule change also is designed to support the principles of
Section 11A(a)(1) \13\ of the Act in that it seeks to assure fair
competition among brokers and dealers and among exchange markets. The
Exchange believes that the proposed rule meets these requirements in
that it promotes transparency and uniformity across markets concerning
decisions to pause [sic] trading in a security when there are
significant price movements.
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\12\ 15 U.S.C. 78f(b)(5).
\13\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
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 within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
(A) By order approve or disapprove such 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
changes to the market-wide circuit breaker regime are consistent with
the Act. The Commission specifically requests comment on the following:
As discussed above, the proposed rule change would narrow
the percentage market declines that would trigger a market-wide halt in
trading. How would the proposed changes interact with the existing
single-stock circuit breaker pilot program \14\ or, if approved, the
proposed NMS Plan to establish a limit-up/limit-down mechanism for
individual securities? \15\
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\14\ See Securities Exchange Act Release No. 64735 (June 23,
2011), 76 FR 38243 (June 29, 2011) (SR-BATS-2011-016; SR-BYX-2011-
011; SR-BX-2011-025; SR-CBOE-2011-049; SR-CHX-2011-09; SR-EDGA-2011-
15; SR-EDGX-2011-14; SR-FINRA-2011-023; SR-ISE-2011-028; SR-NASDAQ-
2011-067; SR-NYSE-2011-21; SR-NYSEAmex-2011-32; SR-NYSEArca-2011-26;
SR-NSX-2011-06; SR-Phlx-2011-64) (approving the ``Phase III Pilot
Program''). The Phase III Pilot Program has been extended through
January 2012. See, e.g., Securities Exchange Act Release 65094
(August 10, 2011), 76 FR 50779 (August 16, 2011) (SR-NASDAQ-2011-
011).
\15\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011).
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To what extent could the concurrent triggering of single
stock circuit breakers in many S&P 500 Index stocks lead to
difficulties in calculating the index? Would the triggering of many
single stock circuit breakers in a general market downturn cause the
index calculation to become stale and thereby delay the triggering of
the market-wide circuit breaker?
Should the market-wide circuit breaker be triggered if a
sufficient number of single-stock circuit breakers or price limits are
triggered, and materially affect calculations of the S&P 500 Index?
Should market centers implement rules that mandate
cancellation of pending orders in the event a market-wide circuit
breaker is triggered? If so, should such a rule require cancellation of
all orders or only certain order types (e.g., limit orders)? Should all
trading halts trigger such cancellation policies
[[Page 61422]]
or should the cancellation policies apply only to a Level 3 Market
Decline?
Should some provision be made to end the regular trading
session if a market decline suddenly occurs after 3:25 p.m. but does
not reach the 20% level?
In the event of a Level 3 Market Decline, should some
provision be made for the markets to hold a closing auction?
Should the primary market have a longer period (e.g., 30
minutes) to reopen trading following a Level 2 Market Decline before
trading resumes in other venues?
In the event of a Level 3 Market Decline, should the
markets wait for the primary market to reopen trading in a particular
security on the next trading day before trading in that security
resumes?
Comments may be submitted by any of the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Phlx-2011-129 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-Phlx-2011-129. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-Phlx-2011-129 and should be
submitted on or before October 25, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25515 Filed 10-3-11; 8:45 am]
BILLING CODE 8011-01-P