Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Temporarily Widen Price Collar Thresholds for the Core Open Auction and Trading Halt Auctions, 42781-42783 [2016-15456]
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 9 and Rule
19b–4(f)(6) thereunder.10 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
prior to 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 and Rule 19b–4(f)(6)(iii)
thereunder.11
A proposed rule change filed under
Rule 19b–4(f)(6) under the Act 12
normally does not become operative
prior to 30 days after the date of the
filing. However, pursuant to Rule 19b–
4(f)(6)(iii),13 the Commission may
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing. In support of
the request, the Exchange states that
waiver the 30-day operative delay will
allow the Exchange to invoke the relief
immediately upon filing, which is
necessary so that Floor brokers may be
able to communicate with their
customers on a day with significantly
increased volumes of trading due both
to the United Kingdom referendum vote
to leave the European Union and the
rebalancing of the Russell Investment
Group indices after the close of trading
on June 24, 2016. Based on the above,
the Commission believes that waiver of
the 30-day operative delay is consistent
with the protection of investors and the
public interest because it will permit
Floor brokers to remain in
communication with customers while
wired phone lines are unavailable.
Accordingly, the Commission
designates the proposed rule change as
9 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change, along with a brief
description and 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 Commission
has determined to waive the five-day prefiling
period in this case.
12 17 CFR 240.19b–4(f)(6).
13 17 CFR 240.19b–4(f)(6)(iii).
mstockstill on DSK3G9T082PROD with NOTICES
10 17
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Jkt 238001
operative upon filing with the
Commission.14
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 15 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEMKT–2016–64 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEMKT–2016–64. 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.,
14 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
15 15 U.S.C. 78s(b)(2)(B).
PO 00000
Frm 00153
Fmt 4703
Sfmt 4703
42781
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–
NYSEMKT–2016–64, and should be
submitted on or before July 21, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016–15500 Filed 6–29–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78152; File No. SR–
NYSEArca–2016–90]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to Temporarily Widen
Price Collar Thresholds for the Core
Open Auction and Trading Halt
Auctions
June 24, 2016.
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 June 24,
2016, 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 temporarily
widen price collar thresholds for the
Core Open Auction and Trading Halt
Auctions, which would be operative on
June 24, 2016 only. 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
16 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
E:\FR\FM\30JNN1.SGM
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42782
Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
mstockstill on DSK3G9T082PROD with NOTICES
1. Purpose
The Exchange proposes to temporarily
widen price collar thresholds for the
Core Open Auction and Trading Halt
Auctions, which would be operative for
June 24, 2016 only.
On June 23, 2016, the United
Kingdom (‘‘UK’’) held a referendum
vote to decide whether the UK should
leave or remain in the European Union.
The results of this vote were not made
public until after the U.S. markets
closed on June 23, 2016. Based on this
referendum, the UK has voted to leave
the European Union. As expected, this
vote has resulted in an extraordinary
level of global market activity on June
24, 2016, as the markets assess what the
impact of the UK leaving the European
Union will mean. This spike in market
volatility has also impacted the U.S.
equities markets, including pricing of
Exchange Traded Products (‘‘ETP’’), the
majority of which are listed on the
Exchange.
Because of the extraordinary level of
market volatility following the UK
referendum vote, including in the U.S.
ETP market, the Exchange believes that
widening the Auction Collars for the
Core Open Auction and Trading Halt
Auctions for June 24, 2016 only would
assist the Exchange in conducting fair
and orderly auctions.
As set forth in Rule 7.35P(a)(10), the
price collar thresholds for the Core
Open Auction and Trading Halt
Auctions are currently set at 10% for
securities with an Auction Reference
Price of $25.00 or less, 5% for securities
with an Auction Reference Price greater
than $25.00 but less than or equal to
$50.00, and 3% for securities with an
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20:01 Jun 29, 2016
Jkt 238001
Auction Reference Price greater than
$50.00.4
The Exchange proposes to apply
Auction Collars of 10% for all AuctionEligible Securities,5 regardless of the
Auction Reference Price. The Exchange
believes that for securities priced greater
than $25.00, the proposed wider price
collar threshold will allow for
additional price movements that is
expected because of the extraordinary
volatility in the market, while
continuing to prevent auctions from
occurring at prices significantly away
from the applicable Auction Reference
Price. The proposed 10% price collar
threshold for the Core Open Auction is
the same as currently used by the
Nasdaq Stock Market LLC (‘‘Nasdaq’’)
for its opening crosses.6
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the Act,7
in general, and furthers the objectives of
Section 6(b)(5) of the Act,8 in particular,
in that it is designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in facilitating transactions in securities,
and to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and in general, to protect
investors and the public interest.
In particular, the Exchange believes
that the impact of the UK vote to leave
the European Union has resulted in
extraordinary global market volatility,
not seen in scale since August 24, 2015,
and the U.S. ETP market is not immune.
In response to this extraordinary market
volatility, the Exchange believes that it
would promote the protection of
investors and the public interest to
temporarily widen the price collar
thresholds for the Core Open Auction
and Trading Halt Auctions on June 24,
4 The Auction Reference Price for the Core Open
Auction is the midpoint of the Auction NBBO or,
if the Auction NBBO is locked, the locked price. If
there is no Auction NBBO, the prior trading day’s
Official Closing Price. The Auction Reference Price
for the Trading Halt Auction is the last consolidated
round-lot price of that trading day, and if none, the
prior trading day’s Official Closing Price. See NYSE
Arca Equities Rule 7.35P(a)(8).
5 For the Core Open Auction, Auction-Eligible
Securities are all securities for which the Exchange
is the primary listing market and UTP Securities
designated by the Exchange. For the Trading Halt
Auction, Auction-Eligible Securities are securities
for which the Exchange is the primary listing
market. See NYSE Arca Equities Rule 7.35P(a)(1)(A)
and (B).
6 See Nasdaq Rule 4752(d)(2)(E) and https://
www.nasdaqtrader.com/content/productsservices/
trading/crosses/openclose_faqs.pdf.
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00154
Fmt 4703
Sfmt 4703
2016 only because it would promote fair
and orderly auctions. The Exchange
further believes that widening the price
collar thresholds would remove
impediments to and perfect the
mechanism of a national market system
because it is designed to allow for
greater price movement, while at the
same time preventing auction trades
from occurring at prices significantly
away from the applicable Auction
Reference Price. Accordingly, investors
would be protected from executions
significantly away from the last sale in
a security or other applicable reference
price, but natural price fluctuations
resulting from the market volatility
would be permitted. In addition, the
Exchange believes that widening the
Auction Collars could reduce the
possibility of securities triggering
multiple trading pauses under the
Regulation NMS Plan to Address Market
Volatility.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change would impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change is not designed to
address any competitive issues but
rather is designed to ensure a fair and
orderly market by temporarily widening
the price collar thresholds for the Core
Open Auction and Trading Halt
Auctions on a trading day with
extraordinary market volatility due to
the UK vote to leave the European
Union, In addition, the proposed rule
change is intended to be in effect for
June 24, 2016 only to respond to unique
events relating to UK referendum and
therefore will not create a burden on
competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change
does not (i) significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
E:\FR\FM\30JNN1.SGM
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices
19(b)(3)(A) of the Act 9 and Rule 19b–
4(f)(6) thereunder.10
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 11 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 12
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
the Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Exchange stated that waiver
of the operative delay would allow the
Exchange to immediately implement the
proposed rule change, thereby
promoting the operation of a fair and
orderly market on a day with
extraordinary market volatility due to
the UK referendum to leave the
European Union. The Commission
believes the waiver of the operative
delay is consistent with the protection
of investors and the public interest.
Therefore, the Commission hereby
waives the operative delay and
designates the proposal operative upon
filing.13
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
mstockstill on DSK3G9T082PROD with NOTICES
9 15
U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6). The Exchange has
requested that the Commission waive the
requirement that the Exchange provide the
Commission written notice of its intent to file the
proposed rule change, along with a brief description
and the text of the proposed rule change, at least
five business days prior to the date on which the
Exchange filed the proposed rule change pursuant
to Rule 19b–4(f)(6)(iii). The Commission hereby
grants this request.
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
13 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).
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Electronic Comments
42783
SMALL BUSINESS ADMINISTRATION
• 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–2016–90 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2016–90. 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 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
available publicly. All submissions
should refer to File Number SR–
NYSEArca–2016–90, and should be
submitted on or before July 21, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Brent J. Fields,
Secretary.
[FR Doc. 2016–15456 Filed 6–29–16; 8:45 am]
[Disaster Declaration #14748]
Florida Disaster #FL–00117 Declaration
of Economic Injury
U.S. Small Business
Administration.
ACTION: Notice.
AGENCY:
This is a notice of an
Economic Injury Disaster Loan (EIDL)
declaration for the State of Florida,
dated 06/23/2016.
Incident: Violent Attack and Related
Investigation.
Incident Period: 06/12/2016 and
continuing.
Effective Date: 06/23/2016.
EIDL Loan Application Deadline Date:
03/23/2017.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s EIDL declaration,
applications for economic injury
disaster loans may be filed at the
address listed above or other locally
announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Orange.
Contiguous Counties:
Florida: Brevard, Lake, Osceola, Polk,
Seminole, Volusia.
The Interest Rates are:
SUMMARY:
Percent
Businesses and Small Agricultural
Cooperatives Without Credit
Available Elsewhere ..................
Non-Profit Organizations Without
Credit Available Elsewhere .......
(Catalog of Federal Domestic Assistance
Number 59002)
[FR Doc. 2016–15530 Filed 6–29–16; 8:45 am]
14 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00155
Fmt 4703
Sfmt 9990
2.625
The number assigned to this disaster
for economic injury is 14748
The States which received an EIDL
Declaration # are Florida.
Dated: June 23, 2016.
Maria Contreras-Sweet,
Administrator.
BILLING CODE 8011–01–P
4.000
BILLING CODE 8025–01–P
E:\FR\FM\30JNN1.SGM
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Agencies
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Notices]
[Pages 42781-42783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15456]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78152; File No. SR-NYSEArca-2016-90]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Temporarily
Widen Price Collar Thresholds for the Core Open Auction and Trading
Halt Auctions
June 24, 2016.
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 June 24, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to temporarily widen price collar thresholds
for the Core Open Auction and Trading Halt Auctions, which would be
operative on June 24, 2016 only. 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
[[Page 42782]]
the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to temporarily widen price collar thresholds
for the Core Open Auction and Trading Halt Auctions, which would be
operative for June 24, 2016 only.
On June 23, 2016, the United Kingdom (``UK'') held a referendum
vote to decide whether the UK should leave or remain in the European
Union. The results of this vote were not made public until after the
U.S. markets closed on June 23, 2016. Based on this referendum, the UK
has voted to leave the European Union. As expected, this vote has
resulted in an extraordinary level of global market activity on June
24, 2016, as the markets assess what the impact of the UK leaving the
European Union will mean. This spike in market volatility has also
impacted the U.S. equities markets, including pricing of Exchange
Traded Products (``ETP''), the majority of which are listed on the
Exchange.
Because of the extraordinary level of market volatility following
the UK referendum vote, including in the U.S. ETP market, the Exchange
believes that widening the Auction Collars for the Core Open Auction
and Trading Halt Auctions for June 24, 2016 only would assist the
Exchange in conducting fair and orderly auctions.
As set forth in Rule 7.35P(a)(10), the price collar thresholds for
the Core Open Auction and Trading Halt Auctions are currently set at
10% for securities with an Auction Reference Price of $25.00 or less,
5% for securities with an Auction Reference Price greater than $25.00
but less than or equal to $50.00, and 3% for securities with an Auction
Reference Price greater than $50.00.\4\
---------------------------------------------------------------------------
\4\ The Auction Reference Price for the Core Open Auction is the
midpoint of the Auction NBBO or, if the Auction NBBO is locked, the
locked price. If there is no Auction NBBO, the prior trading day's
Official Closing Price. The Auction Reference Price for the Trading
Halt Auction is the last consolidated round-lot price of that
trading day, and if none, the prior trading day's Official Closing
Price. See NYSE Arca Equities Rule 7.35P(a)(8).
---------------------------------------------------------------------------
The Exchange proposes to apply Auction Collars of 10% for all
Auction-Eligible Securities,\5\ regardless of the Auction Reference
Price. The Exchange believes that for securities priced greater than
$25.00, the proposed wider price collar threshold will allow for
additional price movements that is expected because of the
extraordinary volatility in the market, while continuing to prevent
auctions from occurring at prices significantly away from the
applicable Auction Reference Price. The proposed 10% price collar
threshold for the Core Open Auction is the same as currently used by
the Nasdaq Stock Market LLC (``Nasdaq'') for its opening crosses.\6\
---------------------------------------------------------------------------
\5\ For the Core Open Auction, Auction-Eligible Securities are
all securities for which the Exchange is the primary listing market
and UTP Securities designated by the Exchange. For the Trading Halt
Auction, Auction-Eligible Securities are securities for which the
Exchange is the primary listing market. See NYSE Arca Equities Rule
7.35P(a)(1)(A) and (B).
\6\ See Nasdaq Rule 4752(d)(2)(E) and https://www.nasdaqtrader.com/content/productsservices/trading/crosses/openclose_faqs.pdf.
---------------------------------------------------------------------------
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Act,\7\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\8\ in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and in general, to protect
investors and the public interest.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
In particular, the Exchange believes that the impact of the UK vote
to leave the European Union has resulted in extraordinary global market
volatility, not seen in scale since August 24, 2015, and the U.S. ETP
market is not immune. In response to this extraordinary market
volatility, the Exchange believes that it would promote the protection
of investors and the public interest to temporarily widen the price
collar thresholds for the Core Open Auction and Trading Halt Auctions
on June 24, 2016 only because it would promote fair and orderly
auctions. The Exchange further believes that widening the price collar
thresholds would remove impediments to and perfect the mechanism of a
national market system because it is designed to allow for greater
price movement, while at the same time preventing auction trades from
occurring at prices significantly away from the applicable Auction
Reference Price. Accordingly, investors would be protected from
executions significantly away from the last sale in a security or other
applicable reference price, but natural price fluctuations resulting
from the market volatility would be permitted. In addition, the
Exchange believes that widening the Auction Collars could reduce the
possibility of securities triggering multiple trading pauses under the
Regulation NMS Plan to Address Market Volatility.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues but rather is designed
to ensure a fair and orderly market by temporarily widening the price
collar thresholds for the Core Open Auction and Trading Halt Auctions
on a trading day with extraordinary market volatility due to the UK
vote to leave the European Union, In addition, the proposed rule change
is intended to be in effect for June 24, 2016 only to respond to unique
events relating to UK referendum and therefore will not create a burden
on competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
[[Page 42783]]
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6). The Exchange has requested that the
Commission waive the requirement that the Exchange provide the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and the text of the proposed
rule change, at least five business days prior to the date on which
the Exchange filed the proposed rule change pursuant to Rule 19b-
4(f)(6)(iii). The Commission hereby grants this request.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
stated that waiver of the operative delay would allow the Exchange to
immediately implement the proposed rule change, thereby promoting the
operation of a fair and orderly market on a day with extraordinary
market volatility due to the UK referendum to leave the European Union.
The Commission believes the waiver of the operative delay is consistent
with the protection of investors and the public interest. Therefore,
the Commission hereby waives the operative delay and designates the
proposal operative upon filing.\13\
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\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6)(iii).
\13\ 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).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEArca-2016-90 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2016-90. 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 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 available publicly. All
submissions should refer to File Number SR-NYSEArca-2016-90, and should
be submitted on or before July 21, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-15456 Filed 6-29-16; 8:45 am]
BILLING CODE 8011-01-P