Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Pilot Period Applicable to Rule 6.65A(c), Which Addresses How the Exchange Treats Obvious and Catastrophic Errors During Periods of Extreme Market Volatility, Until February 20, 2015, 19689-19692 [2014-07951]
Download as PDF
Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Notices
modified prior to approval on a
permanent basis.’’ 30
Second, the Participants propose to
amend Section III to Appendix B of the
Plan to delete the requirement that
assessments of Plan operations be
provided at least two months prior to
the end of the pilot period, and instead
propose that the assessments be
provided by September 30, 2014, nearly
five months before the end of the pilot
period.31 As originally contemplated,
such assessments would have been
based on approximately four months’
worth of data from full implementation
of the Plan. Under the proposal, such
data will be based on nearly seven
months of data from full operation of
the Plan, providing the Participants
with more data on which to base their
assessments. The Participants continue
to believe that they would be able to
assess the Plan based on a similar data
set, and that revising the time when
such assessments would be provided to
the Commission would provide the
Participants with sufficient time to
conduct such assessments.32 In
addition, providing the Commission
with such assessments earlier than two
months before the end of the pilot
period will provide additional time for
the Commission to review such
assessments to inform any
determination of whether the Plan
should be modified prior to approval on
a permanent basis.
For the reasons noted above, the
Commission believes that the proposal
to amend Section VII(C)(1) and Section
I of Appendix A of the Plan is consistent
with Section 11A of the Act. The
Commission reiterates its expectation
that the Participants will continue to
monitor the scope and operation of the
Plan and study the data produced, and
will propose any modifications to the
Plan that may be necessary or
appropriate.33 Therefore, the
Commission finds that the Seventh
Amendment to the Plan is consistent
with Section 11A of the Act 34 and Rule
608 thereunder.35
TKELLEY on DSK3SPTVN1PROD with NOTICES
IV. Conclusion
It is therefore ordered, pursuant to
Section 11A of the Act 36 and Rule 608
thereunder,37 that the Seventh
30 See Securities Exchange Act Release No. 67091
(May 31, 2012), 77 FR 33498 at 33508 (June 6,
2012).
31 See Notice, supra, note 4 at 13698.
32 See id.
33 See Securities Exchange Act Release No. 67091
(May 31, 2012), 77 FR 33498 (June 6, 2012).
34 15 U.S.C. 78k–1.
35 17 CFR 242.608.
36 15 U.S.C. 78k–1.
37 17 CFR 242.608.
VerDate Mar<15>2010
17:54 Apr 08, 2014
Jkt 232001
Amendment to the Plan (File No. 4–631)
be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.38
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–07881 Filed 4–8–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71869; File No. SR–
NYSEArca-2014–36]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Extending the Pilot
Period Applicable to Rule 6.65A(c),
Which Addresses How the Exchange
Treats Obvious and Catastrophic
Errors During Periods of Extreme
Market Volatility, Until February 20,
2015
April 4, 2014.
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 April 1,
2014, 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to extend the
pilot period applicable to Rule 6.65A(c),
which addresses how the Exchange
treats Obvious and Catastrophic Errors
during periods of extreme market
volatility, until February 20, 2015. The
pilot period for subsection (c) is
currently set to expire on April 8, 2014.
The text of the proposed rule change is
available on the Exchange’s Web site at
www.nyse.com, at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
38 17
CFR 200.30–3(a)(29).
U.S.C.78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
19689
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 extend the
pilot period applicable to Rule 6.65A(c),
which addresses how the Exchange
treats Obvious and Catastrophic Errors
during periods of extreme market
volatility, until February 20, 2015. The
pilot period for subsection (c) is
currently set to expire on April 8, 2014.
Background
Rule 6.65A (described below) was
adopted in connection with the Plan to
Address Extraordinary Market Volatility
Pursuant to Rule 608 of Regulation
NMS, as it may be amended from time
to time (the ‘‘Plan’’).4 The Plan was
developed in response to events that
occurred on May 6, 2010.5 On May 6,
2010, the U.S. equity markets
experienced excessive volatility in an
abbreviated time period resulting in,
among other things, the prices of a large
number of individual securities
declining by significant amounts in a
very short time period before abruptly
returning to prices consistent with their
pre-decline levels.6 This extreme
volatility resulted in a large number of
trades being executed at temporarily
depressed prices, including many that
were more than 60% away from the predecline prices. As part of the effort to
address the events of May 6, 2010 and
4 See Securities and Exchange Act Release No.
69340 (April 8, 2013), 78 FR 22004 (April 12, 2013)
(SR–NYSEArca-2013–10) (‘‘Approval Order’’).
5 See Securities Exchange Act Release No. 67091
(May 31, 2012), 77 FR 33498 (June 6, 2012) (File
No. 4–631) (Order Approving, on a Pilot Basis, the
Plan).
6 See Approval Order, 78 FR, at 22004, n.7 (citing
Report of the Staffs of the CFTC and SEC to the
Joint Advisory Committee on Emerging Regulatory
Issues, ‘‘Findings Regarding the Market Events of
May 6, 2010,’’ dated September 30, 2010, available
at, https://www.sec.gov/news/studies/2010/
marketevents-report.pdf).
E:\FR\FM\09APN1.SGM
09APN1
19690
Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Notices
TKELLEY on DSK3SPTVN1PROD with NOTICES
to restore investor confidence in the
markets, the equity exchanges filed the
Plan.
The Plan is designed to prevent trades
in individual NMS Stocks from
occurring outside of specified Price
Bands, which are described in more
detail in the Plan.7 In sum, the Price
Bands consist of a Lower Price Band
and an Upper Price Band for each NMS
Stock and are calculated by the
Processors.8 When the National Best Bid
(Offer) is below (above) the Lower
(Upper) Price Band, the Processors shall
disseminate such National Best Bid
(Offer) with an appropriate flag
identifying it as unexecutable. When the
National Best Bid (Offer) is equal to the
Upper (Lower) Price Band, the
Processors shall distribute such
National Best Bid (Offer) with an
appropriate flag identifying it as a Limit
State Quotation.9
Trading in an NMS Stock
immediately enters a Limit State if the
National Best Offer (Bid) equals but
does not cross the Lower (Upper) Price
Band.10 Trading for an NMS Stock exits
a Limit State if, within 15 seconds of
entering the Limit State, all Limit State
Quotations were executed or canceled
in their entirety. If the market does not
exit a Limit State within 15 seconds,
then the Primary Listing Exchange
would declare a five-minute trading
pause pursuant to Section VII of the
LULD Plan, which would be applicable
to all markets trading the security. In
addition, the Plan defines a Straddle
State as when the National Best Bid
(Offer) is below (above) the Lower
(Upper) Price Band and the NMS Stock
is not in a Limit State.11 If an NMS
Stock is in a Straddle State and trading
in that stock deviates from normal
trading characteristics, the Primary
Listing Exchange may declare a trading
pause for that NMS Stock if such
Trading Pause would support the Plan’s
goal to address extraordinary market
volatility.
The Plan was initially approved for a
one-year pilot, which began on April 8,
2013, and would, if not amended, end
on April 8, 2014.12 As initially
contemplated, the Plan would have
been fully implemented across all NMS
Stocks within six months of initial Plan
operations, which meant there would
have been full implementation of the
Plan for six months before the end of the
7 Unless otherwise specified, capitalized terms
used in this rule filing are based on the defined
terms of the Plan.
8 See Section V(A) of the Plan.
9 See Section VI(A) of the Plan.
10 See Section VI(B)(1) of the Plan.
11 See Section VII(A)(2) of the Plan.
12 See supra n.5. See also Section VIII of the Plan.
VerDate Mar<15>2010
17:54 Apr 08, 2014
Jkt 232001
pilot period.13 The Plan, however, was
amended several times since inception
and, ultimately, was not implemented
across all NMS Stocks until February
24, 2014.14 As a result, if the pilot
period were to end in April 2014, there
would be less than two months of full
operation of the Plan. Because the goal
of the pilot was to provide an
opportunity to assess whether the Plan
should be modified prior to approval on
a permanent basis, the Participants
recently filed the Seventh Amendment
to the Plan to extend the pilot period of
the Plan until February 20, 2015 (the
‘‘Seventh Amendment’’).15
Rule 6.65A
Coincident with the Plan, the
Exchange adopted Rule 6.65A, which
provided for how the Exchange would
treat orders, market-making quoting
obligations, and errors in options
overlying NMS Stocks when the Plan is
in effect.16 Subsections (a) to (b) Rule
6.65A, which address the treatment of
orders when the underlying NMS Stock
is in a Limit State or Straddle State, and
Market Maker quoting obligations,
respectively, ‘‘shall be in effect during a
pilot period to coincide with the pilot
period for the Plan.’’ 17 These provisions
need not be amended and will align
with the Plan upon approval of the
Seventh Amendment to the Plan.
Subsection (c) to Rule 6.65A, which
addresses how the Exchange treats
Obvious and Catastrophic Errors during
periods of extreme market volatility,
‘‘shall be in effect for a one-year pilot
period,’’ which began on April 8,
2013.18 The pilot period will expire on
13 See Securities and Exchange Act Release No.
71649 (March 8, 2014), 79 FR 13696 (March 11,
2014) (File No. 4–631) (notice) (the ‘‘Seventh
Amendment’’).
14 Id.
15 Id. The Seventh Amendment to the Plan also
seeks to move the time by which Participants would
be required to submit assessments of Plan
operations, pursuant to Appendix B of the Plan,
until September 30, 2014.
16 See Approval Order.
17 Subsection (a) to Rule 6.65A provides that if
the underlying NMS Stock is in a Limit State or
Straddle State, the Exchange shall reject all
incoming Market Orders and will not elect Stop
Orders. Subsection (b) to Rule 6.65A provides that
when evaluating whether a Lead Market Maker has
met its market-making quoting requirement
pursuant to Rule 6.37B(b) or a Market Maker has
met its market-making quoting requirement
pursuant to Rule 6.37B(c) in options overlying NMS
Stocks, the Exchange shall consider as a mitigating
circumstance the frequency and duration of
occurrences when an underlying NMS Stock is in
a Limit State or a Straddle State.
18 Subsection (c) to Rule 6.65A provides that
electronic transactions in options that overlay an
NMS Stock that occur during a Limit State or a
Straddle State are not subject to review under Rule
6.87(a) for Obvious Errors or Rule 6.87(d) for
Catastrophic Errors. Nothing in Rule 6.65A(c)
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
April 8, 2014. In order to align the pilot
period for Rule 6.65A(c) with the
proposed Seventh Amendment to the
Plan, the Exchange proposes to extend
the pilot period for subsection (c) to
Rule 6.65A until February 20, 2015. The
Exchange believes that extending the
pilot period for Rule 6.65A(c) would
allow the Exchange additional time to
collect and evaluate data related to this
provision now that the Plan has been
fully implemented.
When the Exchange initially adopted
subsection (c), the Exchange committed
to review the operation of this provision
and to analyze the impact of Limit and
Straddle States accordingly.19 In
addition, at least two months prior to
the end of the pilot—i.e., prior to
February 2014—the Exchange agreed to
provide the Commission with certain
data requested to evaluate the impact of
the elimination of the Obvious Error
rule under these circumstances.20 As
noted above, however, the Plan was not
fully implemented until February 24,
2014.
Thus, in connection with the
proposed amendment, the Exchange
proposes to revise the data that the
Exchange will gather in order to address
the Commission’s concern about
whether market quality and liquidity for
options is maintained despite these
changes to the Obvious Error rules. In
addition, the Exchange proposes to
revise the date by which certain
assessments will be provided to the
Commission.
First, in lieu of the dataset described
in the Exchange’s Comment Letter,21 the
Exchange shall provide to the
Commission and the public a revised
dataset containing the data for each
Straddle State and Limit State in NMS
Stocks underlying options traded on the
Exchange beginning in April 2013,
limited to those option classes that have
at least one (1) trade on the Exchange
during a Straddle State or Limit State.
For each of those option classes
prevents electronic transactions in options that
overlay an NMS Stock that occur during a Limit
State or a Straddle State from being reviewed on
Exchange motion pursuant to 6.87(b)(3).
19 Specifically, the Exchange committed to: ‘‘(1)
Evaluate the options market quality during Limit
States and Straddle States; (2) assess the character
of incoming order flow and transactions during
Limit States and Straddle States; and (3) review any
complaints from members and their customers
concerning executions during Limit States and
Straddle States.’’ See Approval Order, 78 FR at
22008.
20 See Letter to Elizabeth M. Murphy, Secretary,
Commission, from Janet L. McGinness, Executive
Vice President and Corporate Secretary, General
Counsel, NYSE Markets, dated April 5, 2013
(‘‘Comment Letter’’).
21 Id.
E:\FR\FM\09APN1.SGM
09APN1
TKELLEY on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Notices
affected, each data record will contain
the following information:
• Stock symbol, option symbol, time at
the start of the Straddle or Limit State,
an indicator for whether it is a
Straddle or Limit State.
• For activity on the Exchange:
• Executed volume, time-weighted
quoted bid-ask spread, timeweighted average quoted depth at
the bid, time-weighted average
quoted depth at the offer;
• high execution price, low execution
price;
• number of trades for which a
request for review for error was
received during Straddle and Limit
States;
• an indicator variable for whether
those options outlined above have a
price change exceeding 30% during
the underlying stock’s Limit or
Straddle state compared to the last
available option price as reported
by OPRA before the start of the
Limit or Straddle State (1 if observe
30% and 0 otherwise). Another
indicator variable for whether the
option price within five minutes of
the underlying stock leaving the
Limit or Straddle state (or halt if
applicable) is 30% away from the
price before the start of the Limit or
Straddle state.
The Exchange notes that it will
update the data available on the
Exchange’s Web site for the period April
2013 through January 2014 with the
revised dataset once the Exchange has
completed its analysis and review of
such data. Prospectively, the data made
available to the public will be based on
the proposed revised dataset described
above.
In addition, by September 30, 2014,
the Exchange shall provide to the
Commission assessments relating to the
impact of the operation of the Obvious
Error rules during Limit and Straddle
States as follows: (1) Evaluate the
statistical and economic impact of Limit
and Straddle States on liquidity and
market quality in the options markets;
and (2) Assess whether the lack of
Obvious Error rules in effect during the
Straddle and Limit States are
problematic. The timing of this
submission would coordinate with
Participants’ proposed time frame to
submit to the Commission assessments
as required under Appendix B of the
Plan, per the Seventh Amendment to
the Plan.22
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with Section
6(b) of the Act 23 in general, and furthers
the objectives of Section 6(b)(5),24 in
particular, in that it is designed to
promote just and equitable principles of
trade, remove impediments to and
perfect the mechanisms of, a free and
open market and a national market
system and, in general, to protect
investors and the public interest.
Specifically, the proposal to extend
the pilot program of Rule 6.65A(c) until
February 20, 2015, which will align that
pilot program with the Pilot Period for
the Plan, as proposed in the Seventh
Amendment to the Plan, will ensure
that trading in options that overlay NMS
Stocks continues to be appropriately
modified to reflect market conditions
that occur during a Limit State or a
Straddle State in a manner that
promotes just and equitable principles
of trade and removes impediments to,
and perfects the mechanism of, a free
and open market and a national market
system. The Exchange believes that the
extension of Rule 6.65A(c) will help
encourage market participants to
continue to provide liquidity during
extraordinary market volatility.
Moreover, the Exchange believes that
revising the dataset that it provides to
the Commission and the public would
remove impediments to, and perfect the
mechanisms of, a free and open market
because the revised dataset will provide
more information from which to assess
the impact of Rule 6.65A(c). In addition,
the Exchange believes that extending
the time for the Exchange to provide its
overall assessment of the Rule 6.65A(c)
pilot to September 30, 2014 is
appropriate and in the public interest,
for the protection of investors, and the
maintenance of a fair and orderly
market because it will align the timing
of such assessments with the time that
the Participants have proposed to
provide the Commission with
assessments pursuant to Appendix B of
the Plan.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed changes will not impose any
burden on competition and will instead
provide certainty regarding the
treatment and execution of options
orders, specifically the treatment of
Obvious and Catastrophic Errors during
periods of extraordinary volatility in the
underlying NMS Stock, and will
23 15
22 See
supra n. 15.
VerDate Mar<15>2010
17:54 Apr 08, 2014
24 15
Jkt 232001
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
Frm 00116
Fmt 4703
Sfmt 4703
19691
facilitate appropriate liquidity during a
Limit State or Straddle State.
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 if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 25 and Rule 19b–4(f)(6)(iii)
thereunder.26
The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Exchange stated that waiver
of this requirement will allow the
Exchange to extend the pilot program
prior to its expiration on April 8, 2014.
The Exchange also stated that waiver of
this requirement would ensure the pilot
program would align with the pilot
period for the Plan and would ensure
that trading in options that overlay NMS
Stocks continues to be appropriately
modified to reflect market conditions
that occur during a Limit State or a
Straddle State. For these reasons, the
Commission believes that the proposed
rule change presents no novel issues
and that waiver of the 30-day operative
delay is consistent with the protection
of investors and the public interest.
Therefore, the Commission designates
the proposed rule change to be operative
upon filing.27
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
25 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii). As required under
Rule 19b–4(f)(6)(iii), the Exchange provided 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.
27 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).
26 17
E:\FR\FM\09APN1.SGM
09APN1
19692
Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Notices
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
should refer to File Number SR–
NYSEArca–2014–36 and should be
submitted on or before April 30, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.28
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–07951 Filed 4–8–14; 8:45 am]
BILLING CODE 8011–01–P
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEArca–2014–36 on the subject line.
TKELLEY on DSK3SPTVN1PROD with NOTICES
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:
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Extending the Pilot
Period Applicable to Rule 953.1NY(c),
Which Addresses How the Exchange
Treats Obvious and Catastrophic
Errors During Periods of Extreme
Market Volatility, Until February 20,
2015
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2014–36. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (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
10:00 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;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
VerDate Mar<15>2010
17:54 Apr 08, 2014
Jkt 232001
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71870; File No. SR–
NYSEMKT–2014–31]
April 4, 2014.
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 April 1,
2014 NYSE MKT LLC (the ‘‘Exchange’’
or ‘‘NYSE MKT’’) 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 extend the
pilot period applicable to Rule
953.1NY(c), which addresses how the
Exchange treats Obvious and
Catastrophic Errors during periods of
extreme market volatility, until
February 20, 2015. The pilot period for
subsection (c) is currently set to expire
on April 8, 2014. The text of the
proposed rule change is available on the
Exchange’s Web site at www.nyse.com,
at the principal office of the Exchange,
and at the Commission’s Public
Reference Room.
28 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
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 extend the
pilot period applicable to Rule
953.1NY(c), which addresses how the
Exchange treats Obvious and
Catastrophic Errors during periods of
extreme market volatility, until
February 20, 2015. The pilot period for
subsection (c) is currently set to expire
on April 8, 2014.
Background
Rule 953.1NY (described below) was
adopted in connection with the Plan to
Address Extraordinary Market Volatility
Pursuant to Rule 608 of Regulation
NMS, as it may be amended from time
to time (the ‘‘Plan’’).4 The Plan was
developed in response to events that
occurred on May 6, 2010.5 On May 6,
2010, the U.S. equity markets
experienced excessive volatility in an
abbreviated time period resulting in,
among other things, the prices of a large
number of individual securities
declining by significant amounts in a
very short time period before abruptly
returning to prices consistent with their
pre-decline levels.6 This extreme
volatility resulted in a large number of
trades being executed at temporarily
depressed prices, including many that
were more than 60% away from the predecline prices. As part of the effort to
4 See Securities and Exchange Act Release No.
69339 (April 8, 2013), 78 FR 22011 (April 12, 2013)
(SR–NYSEMKT–2013–10) (‘‘Approval Order’’).
5 See Securities Exchange Act Release No. 67091
(May 31, 2012), 77 FR 33498 (June 6, 2012) (File
No. 4–631) (Order Approving, on a Pilot Basis, the
Plan).
6 See Approval Order, 78 FR, at 22011, n.7 (citing
Report of the Staffs of the CFTC and SEC to the
Joint Advisory Committee on Emerging Regulatory
Issues, ‘‘Findings Regarding the Market Events of
May 6, 2010,’’ dated September 30, 2010, available
at, https://www.sec.gov/news/studies/2010/
marketevents-report.pdf).
E:\FR\FM\09APN1.SGM
09APN1
Agencies
[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Notices]
[Pages 19689-19692]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07951]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71869; File No. SR-NYSEArca-2014-36]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Extending the Pilot
Period Applicable to Rule 6.65A(c), Which Addresses How the Exchange
Treats Obvious and Catastrophic Errors During Periods of Extreme Market
Volatility, Until February 20, 2015
April 4, 2014.
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 April 1, 2014, 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 extend the pilot period applicable to Rule
6.65A(c), which addresses how the Exchange treats Obvious and
Catastrophic Errors during periods of extreme market volatility, until
February 20, 2015. The pilot period for subsection (c) is currently set
to expire on April 8, 2014. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to extend the pilot period applicable to Rule
6.65A(c), which addresses how the Exchange treats Obvious and
Catastrophic Errors during periods of extreme market volatility, until
February 20, 2015. The pilot period for subsection (c) is currently set
to expire on April 8, 2014.
Background
Rule 6.65A (described below) was adopted in connection with the
Plan to Address Extraordinary Market Volatility Pursuant to Rule 608 of
Regulation NMS, as it may be amended from time to time (the
``Plan'').\4\ The Plan was developed in response to events that
occurred on May 6, 2010.\5\ On May 6, 2010, the U.S. equity markets
experienced excessive volatility in an abbreviated time period
resulting in, among other things, the prices of a large number of
individual securities declining by significant amounts in a very short
time period before abruptly returning to prices consistent with their
pre-decline levels.\6\ This extreme volatility resulted in a large
number of trades being executed at temporarily depressed prices,
including many that were more than 60% away from the pre-decline
prices. As part of the effort to address the events of May 6, 2010 and
[[Page 19690]]
to restore investor confidence in the markets, the equity exchanges
filed the Plan.
---------------------------------------------------------------------------
\4\ See Securities and Exchange Act Release No. 69340 (April 8,
2013), 78 FR 22004 (April 12, 2013) (SR-NYSEArca-2013-10)
(``Approval Order'').
\5\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (File No. 4-631) (Order Approving,
on a Pilot Basis, the Plan).
\6\ See Approval Order, 78 FR, at 22004, n.7 (citing Report of
the Staffs of the CFTC and SEC to the Joint Advisory Committee on
Emerging Regulatory Issues, ``Findings Regarding the Market Events
of May 6, 2010,'' dated September 30, 2010, available at, https://www.sec.gov/news/studies/2010/marketevents-report.pdf).
---------------------------------------------------------------------------
The Plan is designed to prevent trades in individual NMS Stocks
from occurring outside of specified Price Bands, which are described in
more detail in the Plan.\7\ In sum, the Price Bands consist of a Lower
Price Band and an Upper Price Band for each NMS Stock and are
calculated by the Processors.\8\ When the National Best Bid (Offer) is
below (above) the Lower (Upper) Price Band, the Processors shall
disseminate such National Best Bid (Offer) with an appropriate flag
identifying it as unexecutable. When the National Best Bid (Offer) is
equal to the Upper (Lower) Price Band, the Processors shall distribute
such National Best Bid (Offer) with an appropriate flag identifying it
as a Limit State Quotation.\9\
---------------------------------------------------------------------------
\7\ Unless otherwise specified, capitalized terms used in this
rule filing are based on the defined terms of the Plan.
\8\ See Section V(A) of the Plan.
\9\ See Section VI(A) of the Plan.
---------------------------------------------------------------------------
Trading in an NMS Stock immediately enters a Limit State if the
National Best Offer (Bid) equals but does not cross the Lower (Upper)
Price Band.\10\ Trading for an NMS Stock exits a Limit State if, within
15 seconds of entering the Limit State, all Limit State Quotations were
executed or canceled in their entirety. If the market does not exit a
Limit State within 15 seconds, then the Primary Listing Exchange would
declare a five-minute trading pause pursuant to Section VII of the LULD
Plan, which would be applicable to all markets trading the security. In
addition, the Plan defines a Straddle State as when the National Best
Bid (Offer) is below (above) the Lower (Upper) Price Band and the NMS
Stock is not in a Limit State.\11\ If an NMS Stock is in a Straddle
State and trading in that stock deviates from normal trading
characteristics, the Primary Listing Exchange may declare a trading
pause for that NMS Stock if such Trading Pause would support the Plan's
goal to address extraordinary market volatility.
---------------------------------------------------------------------------
\10\ See Section VI(B)(1) of the Plan.
\11\ See Section VII(A)(2) of the Plan.
---------------------------------------------------------------------------
The Plan was initially approved for a one-year pilot, which began
on April 8, 2013, and would, if not amended, end on April 8, 2014.\12\
As initially contemplated, the Plan would have been fully implemented
across all NMS Stocks within six months of initial Plan operations,
which meant there would have been full implementation of the Plan for
six months before the end of the pilot period.\13\ The Plan, however,
was amended several times since inception and, ultimately, was not
implemented across all NMS Stocks until February 24, 2014.\14\ As a
result, if the pilot period were to end in April 2014, there would be
less than two months of full operation of the Plan. Because the goal of
the pilot was to provide an opportunity to assess whether the Plan
should be modified prior to approval on a permanent basis, the
Participants recently filed the Seventh Amendment to the Plan to extend
the pilot period of the Plan until February 20, 2015 (the ``Seventh
Amendment'').\15\
---------------------------------------------------------------------------
\12\ See supra n.5. See also Section VIII of the Plan.
\13\ See Securities and Exchange Act Release No. 71649 (March 8,
2014), 79 FR 13696 (March 11, 2014) (File No. 4-631) (notice) (the
``Seventh Amendment'').
\14\ Id.
\15\ Id. The Seventh Amendment to the Plan also seeks to move
the time by which Participants would be required to submit
assessments of Plan operations, pursuant to Appendix B of the Plan,
until September 30, 2014.
---------------------------------------------------------------------------
Rule 6.65A
Coincident with the Plan, the Exchange adopted Rule 6.65A, which
provided for how the Exchange would treat orders, market-making quoting
obligations, and errors in options overlying NMS Stocks when the Plan
is in effect.\16\ Subsections (a) to (b) Rule 6.65A, which address the
treatment of orders when the underlying NMS Stock is in a Limit State
or Straddle State, and Market Maker quoting obligations, respectively,
``shall be in effect during a pilot period to coincide with the pilot
period for the Plan.'' \17\ These provisions need not be amended and
will align with the Plan upon approval of the Seventh Amendment to the
Plan.
---------------------------------------------------------------------------
\16\ See Approval Order.
\17\ Subsection (a) to Rule 6.65A provides that if the
underlying NMS Stock is in a Limit State or Straddle State, the
Exchange shall reject all incoming Market Orders and will not elect
Stop Orders. Subsection (b) to Rule 6.65A provides that when
evaluating whether a Lead Market Maker has met its market-making
quoting requirement pursuant to Rule 6.37B(b) or a Market Maker has
met its market-making quoting requirement pursuant to Rule 6.37B(c)
in options overlying NMS Stocks, the Exchange shall consider as a
mitigating circumstance the frequency and duration of occurrences
when an underlying NMS Stock is in a Limit State or a Straddle
State.
---------------------------------------------------------------------------
Subsection (c) to Rule 6.65A, which addresses how the Exchange
treats Obvious and Catastrophic Errors during periods of extreme market
volatility, ``shall be in effect for a one-year pilot period,'' which
began on April 8, 2013.\18\ The pilot period will expire on April 8,
2014. In order to align the pilot period for Rule 6.65A(c) with the
proposed Seventh Amendment to the Plan, the Exchange proposes to extend
the pilot period for subsection (c) to Rule 6.65A until February 20,
2015. The Exchange believes that extending the pilot period for Rule
6.65A(c) would allow the Exchange additional time to collect and
evaluate data related to this provision now that the Plan has been
fully implemented.
---------------------------------------------------------------------------
\18\ Subsection (c) to Rule 6.65A provides that electronic
transactions in options that overlay an NMS Stock that occur during
a Limit State or a Straddle State are not subject to review under
Rule 6.87(a) for Obvious Errors or Rule 6.87(d) for Catastrophic
Errors. Nothing in Rule 6.65A(c) prevents electronic transactions in
options that overlay an NMS Stock that occur during a Limit State or
a Straddle State from being reviewed on Exchange motion pursuant to
6.87(b)(3).
---------------------------------------------------------------------------
When the Exchange initially adopted subsection (c), the Exchange
committed to review the operation of this provision and to analyze the
impact of Limit and Straddle States accordingly.\19\ In addition, at
least two months prior to the end of the pilot--i.e., prior to February
2014--the Exchange agreed to provide the Commission with certain data
requested to evaluate the impact of the elimination of the Obvious
Error rule under these circumstances.\20\ As noted above, however, the
Plan was not fully implemented until February 24, 2014.
---------------------------------------------------------------------------
\19\ Specifically, the Exchange committed to: ``(1) Evaluate the
options market quality during Limit States and Straddle States; (2)
assess the character of incoming order flow and transactions during
Limit States and Straddle States; and (3) review any complaints from
members and their customers concerning executions during Limit
States and Straddle States.'' See Approval Order, 78 FR at 22008.
\20\ See Letter to Elizabeth M. Murphy, Secretary, Commission,
from Janet L. McGinness, Executive Vice President and Corporate
Secretary, General Counsel, NYSE Markets, dated April 5, 2013
(``Comment Letter'').
---------------------------------------------------------------------------
Thus, in connection with the proposed amendment, the Exchange
proposes to revise the data that the Exchange will gather in order to
address the Commission's concern about whether market quality and
liquidity for options is maintained despite these changes to the
Obvious Error rules. In addition, the Exchange proposes to revise the
date by which certain assessments will be provided to the Commission.
First, in lieu of the dataset described in the Exchange's Comment
Letter,\21\ the Exchange shall provide to the Commission and the public
a revised dataset containing the data for each Straddle State and Limit
State in NMS Stocks underlying options traded on the Exchange beginning
in April 2013, limited to those option classes that have at least one
(1) trade on the Exchange during a Straddle State or Limit State. For
each of those option classes
[[Page 19691]]
affected, each data record will contain the following information:
\21\ Id.
---------------------------------------------------------------------------
Stock symbol, option symbol, time at the start of the Straddle
or Limit State, an indicator for whether it is a Straddle or Limit
State.
For activity on the Exchange:
Executed volume, time-weighted quoted bid-ask spread,
time-weighted average quoted depth at the bid, time-weighted average
quoted depth at the offer;
high execution price, low execution price;
number of trades for which a request for review for error
was received during Straddle and Limit States;
an indicator variable for whether those options outlined
above have a price change exceeding 30% during the underlying stock's
Limit or Straddle state compared to the last available option price as
reported by OPRA before the start of the Limit or Straddle State (1 if
observe 30% and 0 otherwise). Another indicator variable for whether
the option price within five minutes of the underlying stock leaving
the Limit or Straddle state (or halt if applicable) is 30% away from
the price before the start of the Limit or Straddle state.
The Exchange notes that it will update the data available on the
Exchange's Web site for the period April 2013 through January 2014 with
the revised dataset once the Exchange has completed its analysis and
review of such data. Prospectively, the data made available to the
public will be based on the proposed revised dataset described above.
In addition, by September 30, 2014, the Exchange shall provide to
the Commission assessments relating to the impact of the operation of
the Obvious Error rules during Limit and Straddle States as follows:
(1) Evaluate the statistical and economic impact of Limit and Straddle
States on liquidity and market quality in the options markets; and (2)
Assess whether the lack of Obvious Error rules in effect during the
Straddle and Limit States are problematic. The timing of this
submission would coordinate with Participants' proposed time frame to
submit to the Commission assessments as required under Appendix B of
the Plan, per the Seventh Amendment to the Plan.\22\
---------------------------------------------------------------------------
\22\ See supra n. 15.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \23\ in general, and furthers the objectives of
Section 6(b)(5),\24\ in particular, in that it is designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------
\23\ 15 U.S.C. 78f(b).
\24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
Specifically, the proposal to extend the pilot program of Rule
6.65A(c) until February 20, 2015, which will align that pilot program
with the Pilot Period for the Plan, as proposed in the Seventh
Amendment to the Plan, will ensure that trading in options that overlay
NMS Stocks continues to be appropriately modified to reflect market
conditions that occur during a Limit State or a Straddle State in a
manner that promotes just and equitable principles of trade and removes
impediments to, and perfects the mechanism of, a free and open market
and a national market system. The Exchange believes that the extension
of Rule 6.65A(c) will help encourage market participants to continue to
provide liquidity during extraordinary market volatility.
Moreover, the Exchange believes that revising the dataset that it
provides to the Commission and the public would remove impediments to,
and perfect the mechanisms of, a free and open market because the
revised dataset will provide more information from which to assess the
impact of Rule 6.65A(c). In addition, the Exchange believes that
extending the time for the Exchange to provide its overall assessment
of the Rule 6.65A(c) pilot to September 30, 2014 is appropriate and in
the public interest, for the protection of investors, and the
maintenance of a fair and orderly market because it will align the
timing of such assessments with the time that the Participants have
proposed to provide the Commission with assessments pursuant to
Appendix B of the Plan.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed changes will
not impose any burden on competition and will instead provide certainty
regarding the treatment and execution of options orders, specifically
the treatment of Obvious and Catastrophic Errors during periods of
extraordinary volatility in the underlying NMS Stock, and will
facilitate appropriate liquidity during a Limit State or Straddle
State.
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 if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \25\ and Rule 19b-
4(f)(6)(iii) thereunder.\26\
---------------------------------------------------------------------------
\25\ 15 U.S.C. 78s(b)(3)(A).
\26\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided 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 asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange stated that waiver of this requirement will allow
the Exchange to extend the pilot program prior to its expiration on
April 8, 2014. The Exchange also stated that waiver of this requirement
would ensure the pilot program would align with the pilot period for
the Plan and would ensure that trading in options that overlay NMS
Stocks continues to be appropriately modified to reflect market
conditions that occur during a Limit State or a Straddle State. For
these reasons, the Commission believes that the proposed rule change
presents no novel issues and that waiver of the 30-day operative delay
is consistent with the protection of investors and the public interest.
Therefore, the Commission designates the proposed rule change to be
operative upon filing.\27\
---------------------------------------------------------------------------
\27\ 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 the proposed rule
change, the Commission summarily may
[[Page 19692]]
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEArca-2014-36 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2014-36. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (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
10:00 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2014-36 and should
be submitted on or before April 30, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
---------------------------------------------------------------------------
\28\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-07951 Filed 4-8-14; 8:45 am]
BILLING CODE 8011-01-P