Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend IEX Rule 11.280 (Limit Up-Limit Down Plan and Trading Halts) To Extend the Pilot Period for the Regulation NMS Plan To Address Extraordinary Market Volatility to the Close of Business on October 18, 2019, 15237-15239 [2019-07364]
Download as PDF
Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices
This Notice will be published in the
Federal Register.
Stacy L. Ruble,
Secretary.
[FR Doc. 2019–07413 Filed 4–12–19; 8:45 am]
BILLING CODE 7710–FW–P
POSTAL SERVICE
Temporary Emergency Committee of
the Board of Governors; Sunshine Act
Meeting
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: 84 FR 12298.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: Tuesday, April 9, 2019, at
8:30 a.m.
Washington, DC.
STATUS: Closed.
CHANGES IN THE MEETING: The meeting
is extended one additional day,
beginning at 8:30 a.m. on Wednesday,
April 10, 2019.
PLACE:
CONTACT PERSON FOR MORE INFORMATION:
Michael J. Elston, Acting Secretary of
the Board, U.S. Postal Service, 475
L’Enfant Plaza SW, Washington, DC
20260–1000. Telephone: (202) 268–
4800.
Michael J. Elston,
Acting Secretary.
[FR Doc. 2019–07544 Filed 4–11–19; 4:15 pm]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85576; File No. SR–IEX–
2019–04]
Self-Regulatory Organizations;
Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend IEX
Rule 11.280 (Limit Up-Limit Down Plan
and Trading Halts) To Extend the Pilot
Period for the Regulation NMS Plan To
Address Extraordinary Market
Volatility to the Close of Business on
October 18, 2019
amozie on DSK9F9SC42PROD with NOTICES
April 9, 2019.
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 8,
2019, the Investors Exchange LLC
(‘‘IEX’’ or the ‘‘Exchange’’) 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
Pursuant to the provisions of Section
19(b)(1) under the Securities Exchange
Act of 1934 (‘‘Act’’),4 and Rule 19b–4
thereunder,5 IEX is filing with the
Commission a proposed rule change to
amend IEX Rule 11.280 (Limit Up-Limit
Down Plan and Trading Halts) to extend
the pilot period for the Regulation NMS
Plan to Address Extraordinary Market
Volatility, to the close of business on
October 18, 2019. IEX has designated
this rule change as ‘‘non-controversial’’
under Section 19(b)(3)(A) of the Act 6
and provided the Commission with the
notice required by Rule 19b–4(f)(6)
thereunder.7 The text of the proposed
rule change is available at the
Exchange’s website at
www.iextrading.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 these statement [sic] may be
examined at the places specified in Item
IV below. The self-regulatory
organization 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 purpose of this proposed rule
change is to amend IEX Rule 11.280
(Limit Up-Limit Down Plan and Trading
Halts) (‘‘Rule 11.280’’) to extend the
pilot period for the Regulation NMS
Plan to Address Extraordinary Market
Volatility, to the close of business on
October 18, 2019. Rule 11.280 provides
a methodology for determining when to
4 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
6 15 U.S.C. 78s(b)(3)(A).
7 17 CFR 240.19b–4.
1 15
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
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5 17
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15237
halt trading in all stocks due to
extraordinary market volatility, i.e.,
market-wide circuit breakers. The
market-wide circuit breaker mechanism
under Rule 11.280 was approved by the
Commission to operate on a pilot basis,
the term of which was to coincide with
the pilot period for the Plan to Address
Extraordinary Market Volatility
Pursuant to Rule 608 of Regulation NMS
(the ‘‘LULD Plan’’),8 including any
extensions to the pilot period for the
LULD Plan. The Commission published
an amendment to the LULD Plan for it
to operate on a permanent, rather than
pilot, basis.9
The Exchange proposes to amend
Rule 11.280 to untie the pilot’s
effectiveness from that of the LULD Plan
and to extend the pilot’s effectiveness to
the close of business on October 18,
2019. The Exchange does not propose
any additional changes to Rule 11.280.
Market-wide circuit breakers under
Rule 11.280 provide an important,
automatic mechanism that is invoked to
promote stability and investor
confidence during a period of
significant stress when securities
markets experience extreme broad-based
declines. All U.S. equity exchanges have
rules relating to market-wide circuit
breakers, which are designed to slow the
effects of extreme price movement
through coordinated trading halts across
securities markets when severe price
declines reach levels that may exhaust
market liquidity. Market-wide circuit
breakers provide for trading halts in all
equities and options markets during a
severe market decline as measured by a
single-day decline in the S&P 500 Index.
Pursuant to Rule 11.280, a marketwide trading halt will be triggered if the
S&P 500 Index declines in price by
specified percentages from the prior
day’s closing price of that index.
Currently, the triggers are set at three
circuit breaker thresholds: A 7% market
decline (Level 1), a 13% market decline
(Level 2) and a 20% market decline
(Level 3). A market decline that triggers
a Level 1 or Level 2 circuit breaker after
9:30 a.m. ET and before 3:25 p.m. ET
would halt market-wide trading for 15
minutes, while a similar market decline
at or after 3:25 p.m. ET would not halt
market-wide trading. A market decline
that triggers a Level 3 circuit breaker, at
8 See Securities Exchange Act Release No. 67091
(May 31, 2012), 77 FR 33498 (June 6, 2012) (the
‘‘Limit Up-Limit Down Release’’). An amendment to
the LULD Plan adding IEX as a Participant was filed
with the Commission on August 11, 2016, and
became effective upon filing pursuant to Rule
608(b)(3)(iii) of the Act because it involves solely
technical or ministerial matters.
9 See Securities Exchange Act Release No. 84843
(December 18, 2018), 83 FR 66464 (December 26,
2018) (Amendment No. 18 Proposing Release).
E:\FR\FM\15APN1.SGM
15APN1
15238
Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices
any time during the trading day, would
halt market-wide trading for the
remainder of the trading day.
The Exchange intends to file a
separate proposed rule change with the
Commission to operate Rule 11.280 on
a permanent, rather than pilot, basis.
Extending the effectiveness of Rule
11.280 to the close of business on
October 18, 2019 should provide the
Commission adequate time to consider
whether to approve the Exchange’s
separate proposal to operate the marketwide circuit breaker mechanism under
Rule 11.280 on a permanent basis.
amozie on DSK9F9SC42PROD with NOTICES
2. Statutory Basis
The Exchange believes that its
proposal is consistent with the
requirements of Sections 6(b) 10 and
6(b)(5) of the Act,11 in particular,
because it would promote just and
equitable principles of trade, remove
impediments to, and perfect the
mechanism of, a free and open market
and a national market system. The
Exchange also believes that the
proposed rule change promotes just and
equitable principles of trade in that it
promotes transparency and uniformity
across markets concerning when and
how to halt trading in all stocks as a
result of extraordinary market volatility.
Extending the market-wide circuit
breaker pilot under Rule 11.280 an
additional six months would ensure the
continued, uninterrupted operation of a
consistent mechanism to halt trading
across the U.S. markets while the
Commission considers whether to
approve the pilot on a permanent basis.
The proposed rule change would thus
promote fair and orderly markets and
the protection of investors and the
public interest. Based on the foregoing,
the Exchange believes the benefits to
market participants from the marketwide circuit breaker mechanism under
Rule 11.280 should continue on a pilot
basis while the Commission considers
whether to permanently approve the
market-wide circuit breaker.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
IEX does not believe that the
proposed rule change implicates any
competitive issues because the proposal
would ensure the continued,
uninterrupted operation of a consistent
mechanism to halt trading across the
U.S. markets while the Commission
considers whether to permanently
approve the market-wide circuit breaker
mechanism under Rule 11.280. Further,
IEX understands that FINRA and other
10 15
11 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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17:16 Apr 12, 2019
Jkt 247001
national securities exchanges will file
proposals to extend their rules regarding
the market-wide circuit breaker pilot
with the Commission so that the marketwide circuit breaker mechanism may
continue uninterrupted while the
Commission considers whether to
approve its operation on a permanent
basis.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 12 and Rule 19b–
4(f)(6) thereunder.13
A proposed rule change filed under
Rule 19b–4(f)(6) 14 normally does not
become operative for 30 days after the
date of filing. However, pursuant to
Rule 19b–4(f)(6)(iii),15 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
upon filing. Extending the pilot for an
additional six months will allow the
uninterrupted operation of the existing
pilot to halt trading across the U.S.
markets while the Commission
considers whether to approve the pilot
on a permanent basis. The extension
simply maintains the status quo.
Therefore, the Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest. The
Commission hereby designates the
proposed rule change to be operative
upon filing.16
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
12 15
13 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
14 Id.
15 17
CFR 240.19b–4(f)(g)(iii).
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).
16 For
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
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–
IEX–2019–04 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–IEX–2019–04. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (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 website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
E:\FR\FM\15APN1.SGM
15APN1
Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices
to make available publicly. All
submissions should refer to File
Number SR–IEX–2019–04, and should
be submitted on or before May 6, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–07364 Filed 4–12–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85573; File No. SR–
NYSEArca–2019–04]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Designation of a
Longer Period for Commission Action
on a Proposed Rule Change To Amend
NYSE Arca Rule 5.2–E(j)(3) To Adopt
Generic Listing Standards for
Investment Company Units Based on
an Index of Municipal Bond Securities
amozie on DSK9F9SC42PROD with NOTICES
April 9, 2019.
On February 8, 2019, NYSE Arca, Inc.
(‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to amend NYSE Arca Rule 5.2–
E(j)(3) to adopt generic listing standards
for Investment Company Units based on
an index of municipal bond securities.
The proposed rule change was
published for comment in the Federal
Register on February 27, 2019.3 The
Commission has received no comment
letters on the proposed rule change.
Section 19(b)(2) of the Act 4 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day after
publication of the notice for this
proposed rule change is April 13, 2019.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 85170
(Feb. 21, 2019), 84 FR 6451.
4 15 U.S.C. 78s(b)(2).
The Commission is extending this 45day time period.
The Commission finds that it is
appropriate to designate a longer period
within which to take action on the
proposed rule change so that it has
sufficient time to consider the proposed
rule change. Accordingly, the
Commission, pursuant to Section
19(b)(2) of the Act,5 designates May 28,
2019, as the date by which the
Commission shall either approve or
disapprove, or institute proceedings to
determine whether to disapprove, the
proposed rule change (File No. SR–
NYSEArca–2019–04).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–07365 Filed 4–12–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85565; File No. SR–
NYSECHX–2019–05]
Self-Regulatory Organizations; NYSE
Chicago, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Extend the Pilot
Related to Article 20, Rule 2, Trading
Halts Due to Extraordinary Market
Volatility
April 9, 2019.
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 5,
2019, the NYSE Chicago, Inc. (‘‘NYSE
Chicago’’ or the ‘‘Exchange’’) 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 related to Article 20, Rule 2,
Trading Halts Due to Extraordinary
Market Volatility, to the close of
business on October 18, 2019. The
17 17
1 15
VerDate Sep<11>2014
17:16 Apr 12, 2019
Jkt 247001
5 Id.
6 17
CFR 200.30–3(a)(31).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
15239
proposed rule change is available on the
Exchange’s website at www.nyse.com, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Article 20, Rule 2 provides a
methodology for determining when to
halt trading in all stocks due to
extraordinary market volatility, i.e.,
market-wide circuit breakers. The
market-wide circuit breaker mechanism
under Rule 2 was approved by the
Commission to operate on a pilot basis,
the term of which was to coincide with
the pilot period for the Plan to Address
Extraordinary Market Volatility
Pursuant to Rule 608 of Regulation NMS
(the ’’ LULD Plan’’),4 including any
extensions to the pilot period for the
LULD Plan.5 The Commission
published an amendment to the LULD
Plan for it to operate on a permanent,
rather than pilot, basis.6
The Exchange proposes to amend
Rule 2 to untie the pilot’s effectiveness
from that of the LULD Plan and to
extend the pilot’s effectiveness to the
close of business on October 18, 2019.
The Exchange does not propose any
additional changes to Rule 2.
Market-wide circuit breakers under
Rule 2 provide an important, automatic
mechanism that is invoked to promote
4 See Securities Exchange Act Release No. 67091
(May 31, 2012), 77 FR 33498 (June 6, 2012) (the
‘‘Limit Up-Limit Down Release’’).
5 See Securities Exchange Act Release Nos. 67090
(May 31, 2012), 77 FR 33531 (June 6, 2012) (SR–
CHX–2011–30) (Approval Order); and 68777
(January 31, 2013), 78 FR 8673 (February 6, 2013)
(SR–CHX–2013–04) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change
Delaying the Operative Date of Rule 2 to April 8,
2013).
6 See Securities Exchange Act Release Nos. 84843
(December 18, 2018), 83 FR 66464 (December 26,
2018) (Amendment No. 18 Proposing Release).
E:\FR\FM\15APN1.SGM
15APN1
Agencies
[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15237-15239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07364]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-85576; File No. SR-IEX-2019-04]
Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend IEX
Rule 11.280 (Limit Up-Limit Down Plan and Trading Halts) To Extend the
Pilot Period for the Regulation NMS Plan To Address Extraordinary
Market Volatility to the Close of Business on October 18, 2019
April 9, 2019.
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 8, 2019, the Investors Exchange LLC (``IEX'' or
the ``Exchange'') 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
Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\ IEX is
filing with the Commission a proposed rule change to amend IEX Rule
11.280 (Limit Up-Limit Down Plan and Trading Halts) to extend the pilot
period for the Regulation NMS Plan to Address Extraordinary Market
Volatility, to the close of business on October 18, 2019. IEX has
designated this rule change as ``non-controversial'' under Section
19(b)(3)(A) of the Act \6\ and provided the Commission with the notice
required by Rule 19b-4(f)(6) thereunder.\7\ The text of the proposed
rule change is available at the Exchange's website at
www.iextrading.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78s(b)(1).
\5\ 17 CFR 240.19b-4.
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
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 these statement [sic] may be examined
at the places specified in Item IV below. The self-regulatory
organization 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 purpose of this proposed rule change is to amend IEX Rule
11.280 (Limit Up-Limit Down Plan and Trading Halts) (``Rule 11.280'')
to extend the pilot period for the Regulation NMS Plan to Address
Extraordinary Market Volatility, to the close of business on October
18, 2019. Rule 11.280 provides a methodology for determining when to
halt trading in all stocks due to extraordinary market volatility,
i.e., market-wide circuit breakers. The market-wide circuit breaker
mechanism under Rule 11.280 was approved by the Commission to operate
on a pilot basis, the term of which was to coincide with the pilot
period for the Plan to Address Extraordinary Market Volatility Pursuant
to Rule 608 of Regulation NMS (the ``LULD Plan''),\8\ including any
extensions to the pilot period for the LULD Plan. The Commission
published an amendment to the LULD Plan for it to operate on a
permanent, rather than pilot, basis.\9\
---------------------------------------------------------------------------
\8\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release''). An amendment to the LULD Plan adding IEX as a
Participant was filed with the Commission on August 11, 2016, and
became effective upon filing pursuant to Rule 608(b)(3)(iii) of the
Act because it involves solely technical or ministerial matters.
\9\ See Securities Exchange Act Release No. 84843 (December 18,
2018), 83 FR 66464 (December 26, 2018) (Amendment No. 18 Proposing
Release).
---------------------------------------------------------------------------
The Exchange proposes to amend Rule 11.280 to untie the pilot's
effectiveness from that of the LULD Plan and to extend the pilot's
effectiveness to the close of business on October 18, 2019. The
Exchange does not propose any additional changes to Rule 11.280.
Market-wide circuit breakers under Rule 11.280 provide an
important, automatic mechanism that is invoked to promote stability and
investor confidence during a period of significant stress when
securities markets experience extreme broad-based declines. All U.S.
equity exchanges have rules relating to market-wide circuit breakers,
which are designed to slow the effects of extreme price movement
through coordinated trading halts across securities markets when severe
price declines reach levels that may exhaust market liquidity. Market-
wide circuit breakers provide for trading halts in all equities and
options markets during a severe market decline as measured by a single-
day decline in the S&P 500 Index.
Pursuant to Rule 11.280, a market-wide trading halt will be
triggered if the S&P 500 Index declines in price by specified
percentages from the prior day's closing price of that index.
Currently, the triggers are set at three circuit breaker thresholds: A
7% market decline (Level 1), a 13% market decline (Level 2) and a 20%
market decline (Level 3). A market decline that triggers a Level 1 or
Level 2 circuit breaker after 9:30 a.m. ET and before 3:25 p.m. ET
would halt market-wide trading for 15 minutes, while a similar market
decline at or after 3:25 p.m. ET would not halt market-wide trading. A
market decline that triggers a Level 3 circuit breaker, at
[[Page 15238]]
any time during the trading day, would halt market-wide trading for the
remainder of the trading day.
The Exchange intends to file a separate proposed rule change with
the Commission to operate Rule 11.280 on a permanent, rather than
pilot, basis. Extending the effectiveness of Rule 11.280 to the close
of business on October 18, 2019 should provide the Commission adequate
time to consider whether to approve the Exchange's separate proposal to
operate the market-wide circuit breaker mechanism under Rule 11.280 on
a permanent basis.
2. Statutory Basis
The Exchange believes that its proposal is consistent with the
requirements of Sections 6(b) \10\ and 6(b)(5) of the Act,\11\ in
particular, because it would promote just and equitable principles of
trade, remove impediments to, and perfect the mechanism of, a free and
open market and a national market system. The Exchange also believes
that the proposed rule change promotes just and equitable principles of
trade in that it promotes transparency and uniformity across markets
concerning when and how to halt trading in all stocks as a result of
extraordinary market volatility. Extending the market-wide circuit
breaker pilot under Rule 11.280 an additional six months would ensure
the continued, uninterrupted operation of a consistent mechanism to
halt trading across the U.S. markets while the Commission considers
whether to approve the pilot on a permanent basis. The proposed rule
change would thus promote fair and orderly markets and the protection
of investors and the public interest. Based on the foregoing, the
Exchange believes the benefits to market participants from the market-
wide circuit breaker mechanism under Rule 11.280 should continue on a
pilot basis while the Commission considers whether to permanently
approve the market-wide circuit breaker.
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\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
IEX does not believe that the proposed rule change implicates any
competitive issues because the proposal would ensure the continued,
uninterrupted operation of a consistent mechanism to halt trading
across the U.S. markets while the Commission considers whether to
permanently approve the market-wide circuit breaker mechanism under
Rule 11.280. Further, IEX understands that FINRA and other national
securities exchanges will file proposals to extend their rules
regarding the market-wide circuit breaker pilot with the Commission so
that the market-wide circuit breaker mechanism may continue
uninterrupted while the Commission considers whether to approve its
operation on a permanent basis.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6).
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A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\15\ 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 upon filing. Extending the pilot for an additional
six months will allow the uninterrupted operation of the existing pilot
to halt trading across the U.S. markets while the Commission considers
whether to approve the pilot on a permanent basis. The extension simply
maintains the status quo. Therefore, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. The Commission hereby designates the
proposed rule change to be operative upon filing.\16\
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\14\ Id.
\15\ 17 CFR 240.19b-4(f)(g)(iii).
\16\ 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 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 [email protected]. Please include
File Number SR-IEX-2019-04 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-IEX-2019-04. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish
[[Page 15239]]
to make available publicly. All submissions should refer to File Number
SR-IEX-2019-04, and should be submitted on or before May 6, 2019.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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\17\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-07364 Filed 4-12-19; 8:45 am]
BILLING CODE 8011-01-P