2017-20974. Joint Industry Plan; Notice of Filing and Immediate Effectiveness of the Fifteenth Amendment to the National Market System Plan To Address Extraordinary Market Volatility by Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Bats EDGA ...
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Start Preamble
September 26, 2017.
I. Introduction
On August 31, 2017, NYSE Group, Inc., on behalf of the following parties to the National Market System Plan to Address Extraordinary Market Volatility (“the Plan”): [1] Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., Chicago Stock Exchange, Inc., the Financial Industry Regulatory Authority, Inc. (“FINRA”), Investors Exchange LLC, NASDAQ BX, Inc., NASDAQ PHLX LLC, The NASDAQ Stock Market LLC (“Nasdaq”), New York Stock Exchange LLC (“NYSE”), NYSE Arca, Inc., NYSE American LLC, and NYSE National Inc. (collectively, the “Participants”) filed with the Securities and Exchange Commission (“Commission”) pursuant to Section 11A(a)(3) of the Securities Exchange Act of 1934 (“Exchange Act”) [2] and Rule 608 thereunder,[3] a proposal to amend the Plan (“Fifteenth Amendment”).[4] The proposal reflects changes unanimously approved by the Participants. The Fifteenth Amendment proposes to extend the implementation date for the twelfth amendment to the Plan (“Twelfth Amendment”) and related changes from the thirteenth amendment to the Plan (“Amendment 13 Changes”) set out in the fourteenth amendment to the Plan (“Fourteenth Amendment”), as discussed below.[5] The Participants are filing the Fifteenth Amendment for immediate effectiveness pursuant to Start Printed Page 45923Rule 608(b)(3)(iii) of Regulation NMS (“Rule 608”) under the Exchange Act.[6] The Commission is publishing this notice to solicit comments from interested persons.[7]
II. Description of the Plan
Set forth in this Section II is the statement of the purpose and summary of the Fourteenth Amendment, along with the information required by Rule 608(a)(4) and (5) under the Exchange Act,[8] prepared and submitted by the Participants to the Commission.[9]
A. Statement of Purpose and Summary of the Plan Amendment
The Participants filed the Plan on April 5, 2011, to create a market-wide limit up-limit down mechanism intended to address extraordinary market volatility in NMS Stocks, as defined in Rule 600(b)(47) of Regulation NMS under the Exchange Act. The Plan sets forth procedures that provide for market-wide limit up-limit down requirements that would prevent trades in individual NMS Stocks from occurring outside of the specified price bands. These limit up-limit down requirements are coupled with Trading Pauses,[10] as defined in Section I(Y) of the Plan, to accommodate more fundamental price moves. In particular, the Participants adopted this Plan to address the type of sudden price movements that the market experienced on the afternoon of May 6, 2010.
As set forth in more detail in the Plan, all trading centers in NMS Stocks, including both those operated by Participants and those operated by members of Participants, shall establish, maintain, and enforce written policies and procedures that are reasonably designed to comply with the limit up-limit down requirements specified in the Plan. More specifically, the Processor responsible for consolidation of information for an NMS Stock pursuant to Rule 603(b) of Regulation NMS under the Exchange Act will be responsible for calculating and disseminating a lower price band and upper price band, as provided for in Section V of the Plan. Section VI of the Plan sets forth the limit up-limit down requirements of the Plan, and in particular, that all trading centers in NMS Stocks, including both those operated by Participants and those operated by members of Participants, shall establish, maintain, and enforce written policies and procedures that are reasonably designed to prevent trades at prices that are below the lower price band or above the upper price band for an NMS Stock, consistent with the Plan.
The changes approved by the Commission in the twelfth amendment to the Plan provide that a Trading Pause will continue until the Primary Listing Exchange has reopened trading using its established reopening procedures, and to require that trading centers not resume trading in an NMS Stock following a Trading Pause without Price Bands for such NMS Stock. In the Statement of Purpose filed with the twelfth amendment, the Participants stated that the changes described in the twelfth amendment would be implemented no later than six months after approval of that amendment. Based on the fourteenth amendment to the Plan, the twelfth amendment must be implemented no later than the end of the third quarter of 2017.
Because the SIP technology changes necessary to implement the twelfth amendment to the Plan and the Amendment 13 Changes will not be ready by September 30, 2017, the Participants are filing this proposal to change the implementation date for the changes to the Plan set forth in the twelfth amendment and the Amendment 13 Changes to no later than November 30, 2017. Specifically, the CQS and CTA SIPs are in the process of upgrading to binary message type formats over their multicast channels and the changes described in the twelfth and thirteenth amendments to the Plan are scheduled to be implemented together with these upgrades. SIAC has announced revised implementation dates for the implementation of the CQS and CTA new binary formats, which impacts the implementation dates for SIAC's implementation of the twelfth amendment to the Plan and the Amendment 13 Changes.[11]
Because of a dependency on certain SIP technology changes, certain Primary Listing Exchanges will not be ready to implement the changes to their automated reopening processes following a Trading Pause, which were made pursuant to exchange rule filings in conjunction with the twelfth amendment to the Plan, by September 30, 2017. To provide for a standardized approach that would allow for extensions of a Trading Pause by the Primary Listing Exchange if equilibrium cannot be met to establish a Reopening Price within specified parameters (“automated reopening changes”), the Primary Listing Exchanges amended their rules for automated reopenings.[12] The Primary Listing Exchanges anticipate implementing the automated reopening changes commensurate with implementation of the twelfth amendment to the Plan and the Amendment 13 Changes.[13]
Accordingly, both to provide time to support the technology changes for the twelfth amendment to the Plan and to align the implementation date of the twelfth amendment and the
Amendment 13 Changes with the implementation timeline for the automated reopening changes by the Primary Listing Exchanges, the Participants propose to change the implementation date for the changes in the twelfth amendment to the Plan and the Amendment 13 Changes to no later than November 30, 2017. This proposed change does not require any changes to the text of the Plan.
The Participants believe that the proposed modification to the implementation schedule is technical and ministerial in nature because it simply extends the implementation period for the twelfth amendment to the Plan and does not change any substantive elements of the Plan.[14] The Participants believe that the proposal to extend the implementation schedule is consistent with the goal of the twelfth amendment to the Plan, which is to reduce the potential for sequential Trading Pauses in an NMS Stock by centralizing the reopening process through the Primary Listing Exchanges, because it would align the implementation schedule for the twelfth amendment to the Plan with the implementation schedule for the automated reopening changes. The proposed amendment would therefore protect investors and the public interest Start Printed Page 45924and is appropriate to the maintenance of fair and orderly markets.
B. Governing or Constituent Documents
The governing documents of the Processor, as defined in Section I(P) of the Plan, will not be affected by the Plan, but once the Plan is implemented, the Processor's obligations will change, as set forth in detail in the Plan.
C. Implementation of Plan
The initial date of the Plan operations was April 8, 2013.
D. Development and Implementation Phases
The Plan was initially implemented as a one-year pilot program in two Phases, consistent with Section VIII of the Plan: Phase I of Plan implementation began on April 8, 2013 and was completed on May 3, 2013. Implementation of Phase II of the Plan began on August 5, 2013 and was completed on February 24, 2014. The tenth amendment to the Plan was implemented on July 18, 2016. Pursuant to the proposed thirteenth amendment to the Plan, the Participants propose [sic] to extend the pilot period until April 16, 2018.[15] Currently, the Participants must implement the twelfth amendment to the Plan to no later than the end of the third quarter of 2017. Pursuant to this proposed amendment, the Participants propose to extend the time frame to implement the twelfth amendment to the Plan and the Amendment 13 Changes to no later than November 30, 2017.
E. Analysis of Impact on Competition
The proposed Plan does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Exchange Act. The Participants do not believe that the proposed Plan introduces terms that are unreasonably discriminatory for the purposes of Section 11A(c)(1)(D) of the Exchange Act.
F. Written Understanding or Agreements Relating to Interpretation of, or Participation in, Plan
The Participants have no written understandings or agreements relating to interpretation of the Plan. Section II(C) of the Plan sets forth how any entity registered as a national securities exchange or national securities association may become a Participant.
G. Approval of Amendment of the Plan
Each of the Plan's Participants has executed a written amended Plan.
H. Terms and Conditions of Access
Section II(C) of the Plan provides that any entity registered as a national securities exchange or national securities association under the Exchange Act may become a Participant by: (1) Becoming a participant in the applicable Market Data Plans, as defined in Section I(F) of the Plan; (2) executing a copy of the Plan, as then in effect; (3) providing each then-current Participant with a copy of such executed Plan; and (4) effecting an amendment to the Plan as specified in Section III(B) of the Plan.
I. Method of Determination and Imposition, and Amount of, Fees and Charges
Not applicable.
J. Method and Frequency of Processor Evaluation
Not applicable.
K. Dispute Resolution
Section III(C) of the Plan provides that each Participant shall designate an individual to represent the Participant as a member of an Operating Committee. No later than the initial date of the Plan, the Operating Committee shall designate one member of the Operating Committee to act as the Chair of the Operating Committee. Any recommendation for an amendment to the Plan from the Operating Committee that receives an affirmative vote of at least two-thirds of the Participants, but is less than unanimous, shall be submitted to the Commission as a request for an amendment to the Plan initiated by the Commission under Rule 608.
On July 19, 2017, the Operating Committee, duly constituted and chaired by Mr. Robert Books of Bats, met and voted unanimously to amend the Plan as set forth herein in accordance with Section III(C) of the Plan. The Plan Advisory Committee was notified in connection with the Fifteenth Amendment and was in favor.
III. Solicitation of Comments
Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the amendment is consistent with the Exchange Act and the rules thereunder. Comments may be submitted by any of the following methods:
Electronic Comments
- Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
- Send an e-mail to rule-comments@sec.gov. Please include File Number 4-631 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 4-631.This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed plan amendment that are filed with the Commission, and all written communications relating to the amendment 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 Participants' offices. 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 4-631 and should be submitted on or before October 23, 2017.
Start SignatureBy the Commission.
Brent J. Fields,
Secretary.
ATTACHMENT A
Proposed new language is italicized; proposed deletions are in [brackets].Start Printed Page 45925
PLAN TO ADDRESS EXTRAORDINARY MARKET VOLATILITY SUBMITTED TO THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 608 OF REGULATION NMS UNDER THE SECURITIES EXCHANGE ACT OF 1934
Table of Contents
Section Page Preamble 1 I. Definitions 2 II. Parties 4 III. Amendments to Plan 7 IV. Trading Center Policies and Procedures 8 V. Price Bands 8 VI. Limit Up—Limit Down Requirements 11 VII. Trading Pauses 13 VIII. Implementation 15 IX. Withdrawal from Plan 16 X. Counterparts and Signatures 16 Appendix A—Percentage Parameters 18 Appendix A—Schedule 1 20 Appendix B—Data 35 Preamble
The Participants submit to the SEC this Plan establishing procedures to address extraordinary volatility in NMS Stocks. The procedures provide for market-wide limit up-limit down requirements that prevent trades in individual NMS Stocks from occurring outside of the specified Price Bands. These limit up-limit down requirements are coupled with Trading Pauses to accommodate more fundamental price moves. The Plan procedures are designed, among other things, to protect investors and promote fair and orderly markets. The Participants developed this Plan pursuant to Rule 608(a)(3) of Regulation NMS under the Exchange Act, which authorizes the Participants to act jointly in preparing, filing, and implementing national market system plans.
I. Definitions
(A) “Eligible Reported Transactions” shall have the meaning prescribed by the Operating Committee and shall generally mean transactions that are eligible to update the last sale price of an NMS Stock.
(B) “Exchange Act” means the Securities Exchange Act of 1934, as amended.
(C) “Limit State” shall have the meaning provided in Section VI of the Plan.
(D) “Limit State Quotation” shall have the meaning provided in Section VI of the Plan.
(E) “Lower Price Band” shall have the meaning provided in Section V of the Plan.
(F) “Market Data Plans” shall mean the effective national market system plans through which the Participants act jointly to disseminate consolidated information in compliance with Rule 603(b) of Regulation NMS under the Exchange Act.
(G) “National Best Bid” and “National Best Offer” shall have the meaning provided in Rule 600(b)(42) of Regulation NMS under the Exchange Act.
(H) “NMS Stock” shall have the meaning provided in Rule 600(b)(47) of Regulation NMS under the Exchange Act.
(I) “Opening Price” shall mean the price of a transaction that opens trading on the Primary Listing Exchange . If the Primary Listing Exchange opens with quotations, the “Opening Price” shall mean the closing price of the NMS Stock on the Primary Listing Exchange on the previous trading day, or if no such closing price exists, the last sale on the Primary Listing Exchange.
(J) “Operating Committee” shall have the meaning provided in Section III(C) of the Plan.
(K) “Participant” means a party to the Plan.
(L) “Plan” means the plan set forth in this instrument, as amended from time to time in accordance with its provisions.
(M) “Percentage Parameter” shall mean the percentages for each tier of NMS Stocks set forth in Appendix A of the Plan.
(N) “Price Bands” shall have the meaning provided in Section V of the Plan.
(O) “Primary Listing Exchange” shall mean the Participant on which an NMS Stock is listed. If an NMS Stock is listed on more than one Participant, the Participant on which the NMS Stock has been listed the longest shall be the Primary Listing Exchange.
(P) “Processor” shall mean the single plan processor responsible for the consolidation of information for an NMS Stock pursuant to Rule 603(b) of Regulation NMS under the Exchange Act.
(Q) “Pro-Forma Reference Price” shall have the meaning provided in Section V(A)(2) of the Plan.
(R) “Reference Price” shall have the meaning provided in Section V of the Plan.
(S) “Regular Trading Hours” shall have the meaning provided in Rule 600(b)(64) of Regulation NMS under the Exchange Act. For purposes of the Plan, Regular Trading Hours can end earlier than 4:00 p.m. ET in the case of an early scheduled close.
(T) “Regulatory Halt” shall have the meaning specified in the Market Data Plans.
(U) “Reopening Price” shall mean the price of a transaction that reopens trading on the Primary Listing Exchange following a Trading Pause or a Regulatory Halt, or, if the Primary Listing Exchange reopens with quotations, the midpoint of those quotations.
(V) “SEC” shall mean the United States Securities and Exchange Commission.
(W) “Straddle State” shall have the meaning provided in Section VII(A)(2) of the Plan.
(X) “Trading center” shall have the meaning provided in Rule 600(b)(78) of Regulation NMS under the Exchange Act.
(Y) “Trading Pause” shall have the meaning provided in Section VII of the Plan.
(Z) “Upper Price Band” shall have the meaning provided in Section V of the Plan.
II. Parties
(A) List of Parties
The parties to the Plan are as follows:
(1) Bats BZX Exchange, Inc.
8050 Marshall Drive
Lenexa, Kansas 66214
(2) Bats BYX Exchange, Inc.
8050 Marshall Drive
Lenexa, Kansas 66214
(3) Bats EDGA Exchange, Inc.
8050 Marshall Drive
Lenexa, Kansas 66214
(4) Bats EDGX Exchange, Inc.
8050 Marshall Drive
Lenexa, Kansas 66214
(5) Chicago Stock Exchange, Inc.
440 South LaSalle Street
Chicago, Illinois 60605
(6) Financial Industry Regulatory Authority, Inc.
1735 K Street, NW
Washington, DC 20006
(7) Investors Exchange LLC
4 World Trade Center, 44th Floor
New York, New York 10007
(8) NASDAQ BX, Inc.
One Liberty Plaza
New York, New York 10006
(9) NASDAQ PHLX LLC
1900 Market Street
Philadelphia, Pennsylvania 19103
(10) The Nasdaq Stock Market LLC
1 Liberty Plaza
165 Broadway
New York, NY 10006
(11) NYSE National, Inc.
11 Wall Street
New York, NY 10005
(12) New York Stock Exchange LLC
11 Wall Street
New York, New York 10005
(13) NYSE [MKT]American LLC
11 Wall Street
New York, New York 10005
(14) NYSE Arca, Inc.
11 Wall Street
New York, New York 10005
(B) Compliance Undertaking
By subscribing to and submitting the Plan for approval by the SEC, each Participant agrees to comply with and to enforce compliance, as required by Rule 608(c) of Regulation NMS under the Exchange Act, by its members with the provisions of the Plan. To this end, each Participant shall adopt a rule requiring compliance by its members with the provisions of the Plan, and each Participant shall take such actions as are necessary and appropriate as a participant of the Market Data Plans to cause and enable the Processor for each NMS Stock to fulfill the functions set forth in this Plan.
(C) New Participants
The Participants agree that any entity registered as a national securities exchange or national securities association under the Exchange Act may become a Participant by: (1) becoming a participant in the applicable Market Data Plans; (2) executing a copy of the Plan, as then in effect; (3) providing each then-current Participant with a copy of such executed Plan; and (4) effecting an amendment to the Plan as specified in Section III (B) of the Plan.
(D) Advisory Committee
(1) Formation. Notwithstanding other provisions of this Plan, an Advisory Committee to the Plan shall be formed and shall function in accordance with the provisions set forth in this section.
(2) Composition. Members of the Advisory Committee shall be selected for two-year terms as follows:Start Printed Page 45926
(A) Advisory Committee Selections. By affirmative vote of a majority of the Participants, the Participants shall select at least one representatives from each of the following categories to be members of the Advisory Committee: (1) a broker-dealer with a substantial retail investor customer base; (2) a broker-dealer with a substantial institutional investor customer base; (3) an alternative trading system; (4) a broker-dealer that primarily engages in trading for its own account; and (5) an investor.
(3) Function. Members of the Advisory Committee shall have the right to submit their views to the Operating Committee on Plan matters, prior to a decision by the Operating Committee on such matters. Such matters shall include, but not be limited to, proposed material amendments to the Plan.
(4) Meetings and Information. Members of the Advisory Committee shall have the right to attend meetings of the Operating Committee and to receive any information concerning Plan matters; provided, however, that the Operating Committee may meet in executive session if, by affirmative vote of a majority of the Participants, the Operating Committee determines that an item of Plan business requires confidential treatment.
III. Amendments to Plan
(A) General Amendments
Except with respect to the addition of new Participants to the Plan, any proposed change in, addition to, or deletion from the Plan shall be effected by means of a written amendment to the Plan that: (1) sets forth the change, addition, or deletion; (2) is executed on behalf of each Participant; and, (3) is approved by the SEC pursuant to Rule 608 of Regulation NMS under the Exchange Act, or otherwise becomes effective under Rule 608 of Regulation NMS under the Exchange Act.
(B) New Participants
With respect to new Participants, an amendment to the Plan may be effected by the new national securities exchange or national securities association executing a copy of the Plan, as then in effect (with the only changes being the addition of the new Participant's name in Section II(A) of the Plan) and submitting such executed Plan to the SEC for approval. The amendment shall be effective when it is approved by the SEC in accordance with Rule 608 of Regulation NMS under the Exchange Act or otherwise becomes effective pursuant to Rule 608 of Regulation NMS under the Exchange Act.
(C) Operating Committee
(1) Each Participant shall select from its staff one individual to represent the Participant as a member of an Operating Committee, together with a substitute for such individual. The substitute may participate in deliberations of the Operating Committee and shall be considered a voting member thereof only in the absence of the primary representative. Each Participant shall have one vote on all matters considered by the Operating Committee. No later than the initial date of Plan operations, the Operating Committee shall designate one member of the Operating Committee to act as the Chair of the Operating Committee.
(2) The Operating Committee shall monitor the procedures established pursuant to this Plan and advise the Participants with respect to any deficiencies, problems, or recommendations as the Operating Committee may deem appropriate. The Operating Committee shall establish specifications and procedures for the implementation and operation of the Plan that are consistent with the provisions of this Plan and the Appendixes thereto. With respect to matters in this paragraph, Operating Committee decisions shall be approved by a simple majority vote.
(3) Any recommendation for an amendment to the Plan from the Operating Committee that receives an affirmative vote of at least two-thirds of the Participants, but is less than unanimous, shall be submitted to the SEC as a request for an amendment to the Plan initiated by the Commission under Rule 608 of Regulation NMS.
IV. Trading Center Policies and Procedures
All trading centers in NMS Stocks, including both those operated by Participants and those operated by members of Participants, shall establish, maintain, and enforce written policies and procedures that are reasonably designed to comply with the limit up—limit down requirements specified in Sections VI of the Plan, and to comply with the Trading Pauses specified in Section VII of the Plan.
V. Price Bands
(A) Calculation and Dissemination of Price Bands
(1) The Processor for each NMS stock shall calculate and disseminate to the public a Lower Price Band and an Upper Price Band during Regular Trading Hours for such NMS Stock. The Price Bands shall be based on a Reference Price for each NMS Stock that equals the arithmetic mean price of Eligible Reported Transactions for the NMS stock over the immediately preceding five-minute period (except for periods following openings and reopenings, which are addressed below). If no Eligible Reported Transactions for the NMS Stock have occurred over the immediately preceding five-minute period, the previous Reference Price shall remain in effect. The Price Bands for an NMS Stock shall be calculated by applying the Percentage Parameter for such NMS Stock to the Reference Price, with the Lower Price Band being a Percentage Parameter below the Reference Price, and the Upper Price Band being a Percentage Parameter above the Reference Price. The Price Bands shall be calculated during Regular Trading Hours. Between 9:30 a.m. and 9:45 a.m. ET, and 3:35 p.m. and 4:00 p.m. ET, or in the case of an early scheduled close, during the last 25 minutes of trading before the early scheduled close, the Price Bands shall be calculated by applying double the Percentage Parameters set forth in Appendix A. If the Processor has not yet disseminated Price Bands, but a Reference Price is available, a trading center may calculate and apply Price Bands based on the same Reference Price that the Processor would use for calculating such Price Bands until such trading center receives Price Bands from the Processor. If, under Section VII(B)(2), the Primary Listing Exchange notifies the Processor that it is unable to reopen an NMS Stock due to a systems or technology issue and it has not declared a Regulatory Halt, the Processor will calculate and disseminate Price Bands by applying triple the Percentage Parameters set forth in Appendix A for the first 30 seconds such Price Bands are disseminated.
(2) The Processor shall calculate a Pro-Forma Reference Price on a continuous basis during Regular Trading Hours, as specified in Section V(A)(1) of the Plan. If a Pro-Forma Reference Price has not moved by 1% or more from the Reference Price currently in effect, no new Price Bands shall be disseminated, and the current Reference Price shall remain the effective Reference Price. When the Pro-Forma Reference Price has moved by 1% or more from the Reference Price currently in effect, the Pro-Forma Reference Price shall become the Reference Price, and the Processor shall disseminate new Price Bands based on the new Reference Price; provided, however, that each new Reference Price shall remain in effect for at least 30 seconds.
(B) Openings
(1) Except when a Regulatory Halt is in effect at the start of Regular Trading Hours, the first Reference Price for a trading day shall be the Opening Price on the Primary Listing Exchange in an NMS Stock if such Opening Price occurs less than five minutes after the start of Regular Trading Hours. During the period less than five minutes after the Opening Price, a Pro-Forma Reference Price shall be updated on a continuous basis to be the arithmetic mean price of Eligible Reported Transactions for the NMS Stock during the period following the Opening Price (including the Opening Price), and if it differs from the current Reference Price by 1% or more shall become the new Reference Price, except that a new Reference Price shall remain in effect for at least 30 seconds. Subsequent Reference Prices shall be calculated as specified in Section V(A) of the Plan.
(2) If the Opening Price on the Primary Listing Exchange in an NMS Stock does not occur within five minutes after the start of Regular Trading Hours, the first Reference Price for a trading day shall be the arithmetic mean price of Eligible Reported Transactions for the NMS Stock over the preceding five minute time period, and subsequent Reference Prices shall be calculated as specified in Section V(A) of the Plan.
(C) Reopenings
(1) Following a Trading Pause in an NMS Stock, and if the Primary Listing Exchange has not declared a Regulatory Halt, if the Primary Listing Exchange reopens trading with a transaction or quotation that does not include a zero bid or zero offer, the next Reference Price shall be the Reopening Price on the Primary Listing Exchange. Subsequent Reference Prices shall be determined in the manner prescribed for normal openings, as specified in Section V(B)(1) of the Plan. If the Primary Listing Exchange notifies the Processor that it is unable to reopen an NMS Stock due to a systems or technology issue, Start Printed Page 45927or if the Primary Listing Exchange reopens trading with a quotation that has a zero bid or zero offer, or both, the next Reference Price shall be the last effective Price Band that was in a Limit State before the Trading Pause. Subsequent Reference Prices shall be calculated as specified in Section V(A) of the Plan.
(2) Following a Regulatory Halt, the next Reference Price shall be the Opening or Reopening Price on the Primary Listing Exchange if such Opening or Reopening Price occurs within five minutes after the end of the Regulatory Halt, and subsequent Reference Prices shall be determined in the manner prescribed for normal openings, as specified in Section V(B)(1) of the Plan. If such Opening or Reopening Price has not occurred within five minutes after the end of the Regulatory Halt, the Reference Price shall be equal to the arithmetic mean price of Eligible Reported Transactions for the NMS Stock over the preceding five minute time period, and subsequent Reference Prices shall be calculated as specified in Section V(A) of the Plan.
VI. Limit Up—Limit Down Requirements
(A) Limitations on Trades and Quotations Outside of Price Bands
(1) All trading centers in NMS Stocks, including both those operated by Participants and those operated by members of Participants, shall establish, maintain, and enforce written policies and procedures that are reasonably designed to prevent trades at prices that are below the Lower Price Band or above the Upper Price Band for an NMS Stock. Single-priced opening, reopening, and closing transactions on the Primary Listing Exchange, however, shall be excluded from this limitation. In addition, any transaction that both (i) does not update the last sale price (except if solely because the transaction was reported late or because the transaction was an odd-lot sized transaction), and (ii) is excepted or exempt from Rule 611 under Regulation NMS shall be excluded from this limitation.
(2) When a National Best Bid is below the Lower Price Band or a National Best Offer is above the Upper Price Band for an NMS Stock, the Processor shall disseminate such National Best Bid or National Best Offer with an appropriate flag identifying it as non-executable. When a National Best Offer is equal to the Lower Price Band or a National Best Bid is equal to the Upper Price Band for an NMS Stock, the Processor shall distribute such National Best Bid or National Best Offer with an appropriate flag identifying it as a “Limit State Quotation”.
(3) All trading centers in NMS Stocks, including both those operated by Participants and those operated by members of Participants, shall establish, maintain, and enforce written policies and procedures that are reasonably designed to prevent the display of offers below the Lower Price Band and bids above the Upper Price Band for an NMS Stock. The Processor shall disseminate an offer below the Lower Price Band or bid above the Upper Price Band that may be submitted despite such reasonable policies and procedures, but with an appropriate flag identifying it as non-executable; provided, however, that any such bid or offer shall not be included in National Best Bid or National Best Offer calculations.
(B) Entering and Exiting a Limit State
(1) All trading for an NMS Stock shall immediately enter a Limit State if the National Best Offer equals the Lower Price Band and does not cross the National Best Bid, or the National Best Bid equals the Upper Price Band and does not cross the National Best Offer.
(2) When trading for an NMS Stock enters a Limit State, the Processor shall disseminate this information by identifying the relevant quotation (i.e., a National Best Offer that equals the Lower Price Band or a National Best Bid that equals the Upper Price Band) as a Limit State Quotation. At this point, the Processor shall cease calculating and disseminating updated Reference Prices and Price Bands for the NMS Stock until either trading exits the Limit State or trading resumes with an opening or re-opening as provided in Section V.
(3) Trading for an NMS Stock shall exit a Limit State if, within 15 seconds of entering the Limit State, the entire size of all Limit State Quotations are executed or cancelled.
(4) If trading for an NMS Stock exits a Limit State within 15 seconds of entry, the Processor shall immediately calculate and disseminate updated Price Bands based on a Reference Price that equals the arithmetic mean price of Eligible Reported Transactions for the NMS Stock over the immediately preceding five-minute period (including the period of the Limit State).
(5) If trading for an NMS Stock does not exit a Limit State within 15 seconds of entry, the Limit State will terminate when the Primary Listing Exchange declares a Trading Pause pursuant to Section VII of the Plan or at the end of Regular Trading Hours.
VII. Trading Pauses
(A) Declaration of Trading Pauses
(1) If trading for an NMS Stock does not exit a Limit State within 15 seconds of entry during Regular Trading Hours, then the Primary Listing Exchange shall declare a Trading Pause for such NMS Stock and shall notify the Processor.
(2) The Primary Listing Exchange may also declare a Trading Pause for an NMS Stock when an NMS Stock is in a Straddle State, which is when National Best Bid (Offer) is below (above) the Lower (Upper) Price Band and the NMS Stock is not in a Limit State, and trading in that NMS Stock deviates from normal trading characteristics such that declaring a Trading Pause would support the Plan's goal to address extraordinary market volatility. The Primary Listing Exchange shall develop policies and procedures for determining when it would declare a Trading Pause in such circumstances. If a Trading Pause is declared for an NMS Stock under this provision, the Primary Listing Exchange shall notify the Processor.
(3) The Processor shall disseminate Trading Pause information to the public. No trades in an NMS Stock shall occur during a Trading Pause, but all bids and offers may be displayed.
(B) Reopening of Trading During Regular Trading Hours
(1) Five minutes after declaring a Trading Pause for an NMS Stock, and if the Primary Listing Exchange has not declared a Regulatory Halt, the Primary Listing Exchange shall attempt to reopen trading using its established reopening procedures. The Processor will publish the following information that the Primary Listing Exchange provides to the Processor in connection with such reopening: auction reference price; auction collars; and number of extensions to the reopening auction. The Trading Pause shall end when the Primary Listing Exchange reports a Reopening Price.
(2) The Primary Listing Exchange shall notify the Processor if it is unable to reopen trading in an NMS Stock due to a systems or technology issue and if it has not declared a Regulatory Halt. The Processor shall disseminate this information to the public.
(3) Trading centers may not resume trading in an NMS Stock following a Trading Pause without Price Bands in such NMS Stock.
(4) The Processor shall update the Price Bands as set forth in Section V(C)(1)-(2) of the Plan after receiving notification from the Primary Listing Exchange of a Reopening Price following a Trading Pause (or a resume message in the case of a reopening quote that has a zero bid or zero offer, or both) or that it is unable to reopen trading following a Trading Pause due to a systems or technology issue, provided that if the Primary Listing Exchange is unable to reopen due to a systems or technology issue, the update to the Price Bands will be no earlier than ten minutes after the beginning of the Trading Pause.
(C) Trading Pauses Within Ten Minutes of the End of Regular Trading Hours
(1) If an NMS Stock is in a Trading Pause during the last ten minutes of trading before the end of Regular Trading Hours, the Primary Listing Exchange shall not reopen trading and shall attempt to execute a closing transaction using its established closing procedures. All trading centers may begin trading the NMS Stock when the Primary Listing Exchange executes a closing transaction.
(2) If the Primary Listing Exchange does not execute a closing transaction within five minutes after the end of Regular Trading Hours, all trading centers may begin trading the NMS Stock.
VIII. Implementation
The initial date of Plan operations shall be April 8, 2013.
The Plan shall be implemented on a pilot basis set to end on April 16, 2018.
IX. Withdrawal from Plan
If a Participant obtains SEC approval to withdraw from the Plan, such Participant may withdraw from the Plan at any time on not less than 30 days' prior written notice to each of the other Participants. At such time, the withdrawing Participant shall have no further rights or obligations under the Plan.
X. Counterparts and Signatures
The Plan may be executed in any number of counterparts, no one of which need Start Printed Page 45928contain all signatures of all Participants, and as many of such counterparts as shall together contain all such signatures shall constitute one and the same instrument.
IN WITNESS THEREOF, this Plan has been executed as of the __ day of August 2017 [February 2017] by each of the parties hereto.
BATS BZX EXCHANGE, INC.
BY:
BATS EDGA EXCHANGE, INC.
BY:
CHICAGO STOCK EXCHANGE, INC.
BY:
INVESTORS EXCHANGE LLC
BY:
NASDAQ PHLX LLC
BY:
NYSE NATIONAL, INC.
BY:
NYSE [MKT] American LLC
BY:
BATS BYX EXCHANGE, INC.
BY:
BATS EDGX EXCHANGE, INC.
BY:
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
BY:
NASDAQ BX, Inc.
BY:
THE NASDAQ STOCK MARKET LLC
BY:
NEW YORK STOCK EXCHANGE LLC
BY:
NYSE ARCA, INC.
BY:
Appendix A—Percentage Parameters
I. Tier 1 NMS Stocks
(1) Tier 1 NMS Stocks shall include all NMS Stocks included in the S&P 500 Index, the Russell 1000 Index, and the exchange-traded products (“ETP”) identified as Schedule 1 to this Appendix. Schedule 1 to the Appendix will be reviewed and updated semi-annually based on the fiscal year by the Primary Listing Exchange to add ETPs that meet the criteria, or delete ETPs that are no longer eligible. To determine eligibility for an ETP to be included as a Tier 1 NMS Stock, all ETPs across multiple asset classes and issuers, including domestic equity, international equity, fixed income, currency, and commodities and futures will be identified. Leveraged ETPs will be excluded and the list will be sorted by notional consolidated average daily volume (“CADV”). The period used to measure CADV will be from the first day of the previous fiscal half year up until one week before the beginning of the next fiscal half year. Daily volumes will be multiplied by closing prices and then averaged over the period. ETPs, including inverse ETPs, that trade over $2,000,000 CADV will be eligible to be included as a Tier 1 NMS Stock. The semi-annual updates to Schedule 1 do not require an amendment to the Plan. The Primary Listing Exchanges will maintain the updated Schedule 1 on their respective websites.
(2) The Percentage Parameters for Tier 1 NMS Stocks with a Reference Price more than $3.00 shall be 5%.
(3) The Percentage Parameters for Tier 1 NMS Stocks with a Reference Price equal to $0.75 and up to and including $3.00 shall be 20%.
(4) The Percentage Parameters for Tier 1 NMS Stocks with a Reference Price less than $0.75 shall be the lesser of (a) $0.15 or (b) 75%.
(5) The Reference Price used for determining which Percentage Parameter shall be applicable during a trading day shall be based on the closing price of the NMS Stock on the Primary Listing Exchange on the previous trading day, or if no closing price exists, the last sale on the Primary Listing Exchange reported by the Processor.
II. Tier 2 NMS Stocks
(1) Tier 2 NMS Stocks shall include all NMS Stocks other than those in Tier 1, provided, however, that all rights and warrants are excluded from the Plan.
(2) The Percentage Parameters for Tier 2 NMS Stocks with a Reference Price more than $3.00 shall be 10%.
(3) The Percentage Parameters for Tier 2 NMS Stocks with a Reference Price equal to $0.75 and up to and including $3.00 shall be 20%.
(4) The Percentage Parameters for Tier 2 NMS Stocks with a Reference Price less than $0.75 shall be the lesser of (a) $0.15 or (b) 75%.
(5) Notwithstanding the foregoing, the Percentage Parameters for a Tier 2 NMS Stock that is a leveraged ETP shall be the applicable Percentage Parameter set forth in clauses (2), (3), or (4) above, multiplied by the leverage ratio of such product.
(6) The Reference Price used for determining which Percentage Parameter shall be applicable during a trading day shall be based on the closing price of the NMS Stock on the Primary Listing Exchange on the previous trading day, or if no closing price exists, the last sale on the Primary Listing Exchange reported by the Processor.
Appendix A—Schedule 1 (as of January 3, 2017)
Ticker ETP name Exchange SPY SPDR S&P 500 ETF Trust NYSE Arca IWM iShares Russell 2000 ETF NYSE Arca QQQ Powershares QQQ Trust Series 1 NASDAQ EEM iShares MSCI Emerging Markets ETF NYSE Arca GDX VanEck Vectors Gold Miners ETF NYSE Arca XLF Financial Select Sector SPDR Fund NYSE Arca GLD SPDR Gold Shares NYSE Arca TLT iShares 20+ Year Treasury Bond ETF NASDAQ VXX iPATH S&P 500 VIX Short-Term Futures ETN NYSE Arca EFA iShares MSCI EAFE ETF NYSE Arca XLE Energy Select Sector SPDR Fund NYSE Arca HYG iShares iBoxx $ High Yield Corporate Bond ETF NYSE Arca XIV VelocityShares Daily Inverse VIX Short Term ETN NASDAQ IVV iShares Core S&P 500 ETF NYSE Arca XLU Utilities Select Sector SPDR Fund NYSE Arca GDXJ VanEck Vectors Junior Gold Miners ETF NYSE Arca XLP Consumer Staples Select Sector SPDR Fund NYSE Arca FXI iShares China Large-Cap ETF NYSE Arca EWZ iShares MSCI Brazil Capped ETF NYSE Arca XLV Health Care Select Sector SPDR Fund NYSE Arca IYR iShares U.S. Real Estate ETF NYSE Arca LQD iShares iBoxx $ Investment Grade Corporate Bond ETF NYSE Arca XLI Industrial Select Sector SPDR Fund NYSE Arca DIA SPDR Dow Jones Industrial Average ETF Trust NYSE Arca XOP SPDR S&P Oil & Gas Exploration & Production ETF NYSE Arca VWO Vanguard FTSE Emerging Markets ETF NYSE Arca IBB iShares Nasdaq Biotechnology ETF NASDAQ XLK Technology Select Sector SPDR Fund NYSE Arca XLY Consumer Discretionary Select Sector SPDR Fund NYSE Arca Start Printed Page 45929 VOO Vanguard S&P 500 ETF NYSE Arca USO United States Oil Fund LP NYSE Arca JNK SPDR Bloomberg Barclays High Yield Bond ETF NYSE Arca XBI SPDR S&P Biotech ETF NYSE Arca MDY SPDR S&P MidCap 400 ETF Trust NYSE Arca VNQ Vanguard REIT ETF NYSE Arca EWJ iShares MSCI Japan ETF NYSE Arca SVXY ProShares Short VIX Short-Term Futures ETF NYSE Arca AGG iShares Core U.S. Aggregate Bond ETF NYSE Arca IEMG iShares Core MSCI Emerging Markets ETF NYSE Arca KRE SPDR S&P Regional Banking ETF NYSE Arca EMB iShares JP Morgan USD Emerging Markets Bond ETF NYSE Arca IWD iShares Russell 1000 Value ETF NYSE Arca VEA Vanguard FTSE Developed Markets ETF NYSE Arca VTI Vanguard Total Stock Market ETF NYSE Arca DXJ WisdomTree Japan Hedged Equity Fund NYSE Arca XLB Materials Select Sector SPDR Fund NYSE Arca EWW iShares MSCI Mexico Capped ETF NYSE Arca IEF iShares 7-10 Year Treasury Bond ETF NYSE Arca IJH iShares Core S&P Mid-Cap ETF NYSE Arca XRT SPDR S&P Retail ETF NYSE Arca SLV iShares Silver Trust NYSE Arca IWF iShares Russell 1000 Growth ETF NYSE Arca VGK Vanguard FTSE Europe ETF NYSE Arca SMH VanEck Vectors Semiconductor ETF NYSE Arca IWN iShares Russell 2000 Value ETF NYSE Arca BND Vanguard Total Bond Market ETF NYSE Arca RSX VanEck Vectors Russia ETF NYSE Arca USMV iShares MSCI USA Minimum Volatility ETF NYSE Arca TIP iShares TIPS Bond ETF NYSE Arca EZU iShares MSCI Eurozone ETF Bats IJR iShares Core S&P Small-Cap ETF NYSE Arca SHY iShares 1-3 Year Treasury Bond ETF NYSE Arca OIH VanEck Vectors Oil Service ETF NYSE Arca EWY iShares MSCI South Korea Capped ETF NYSE Arca PFF iShares US Preferred Stock ETF NYSE Arca XME SPDR S&P Metals & Mining ETF NYSE Arca IEFA iShares Core MSCI EAFE ETF NYSE Arca IWB iShares Russell 1000 ETF NYSE Arca KBE SPDR S&P Bank ETF NYSE Arca BSV Vanguard Short-Term Bond ETF NYSE Arca IWO iShares Russell 2000 Growth ETF NYSE Arca HEDJ WisdomTree Europe Hedged Equity Fund NYSE Arca EWT iShares MSCI Taiwan ETF NYSE Arca SH ProShares Short S&P 500 NYSE Arca ACWI iShares MSCI ACWI ETF NASDAQ VCSH Vanguard Short-Term Corporate Bond ETF NASDAQ SPLV PowerShares S&P 500 Low Volatility Portfolio NYSE Arca EWG iShares MSCI Germany ETF NYSE Arca VTV Vanguard Value ETF NYSE Arca AMLP Alerian MLP ETF NYSE Arca DBEF Deutsche X-trackers MSCI EAFE Hedged Equity ETF NYSE Arca IAU iShares Gold Trust NYSE Arca UNG United States Natural Gas Fund LP NYSE Arca DVY iShares Select Dividend ETF NYSE Arca BKLN PowerShares Senior Loan Portfolio NYSE Arca VB Vanguard Small-Cap ETF NYSE Arca VEU Vanguard FTSE All-World ex-US ETF NYSE Arca IVE iShares S&P 500 Value ETF NYSE Arca RSP Guggenheim S&P 500 Equal Weight ETF NYSE Arca SHV iShares Short Treasury Bond ETF NYSE Arca VIXY ProShares VIX Short-Term Futures ETF NYSE Arca XHB SPDR S&P Homebuilders ETF NYSE Arca IVW iShares S&P 500 Growth ETF NYSE Arca VCIT Vanguard Intermediate-Term Corporate Bond ETF NASDAQ EPI WisdomTree India Earnings Fund NYSE Arca EFAV iShares MSCI EAFE Minimum Volatility ETF NYSE Arca ITB iShares U.S. Home Construction ETF NYSE Arca SDY SPDR S&P Dividend ETF NYSE Arca MUB iShares National Muni Bond ETF NYSE Arca VUG Vanguard Growth ETF NYSE Arca VYM Vanguard High Dividend Yield ETF NYSE Arca INDA iShares MSCI India ETF Bats BIV Vanguard Intermediate-Term Bond ETF NYSE Arca Start Printed Page 45930 FEZ SPDR EURO STOXX 50 ETF NYSE Arca AAXJ iShares MSCI All Country Asia ex Japan ETF NASDAQ VIG Vanguard Dividend Appreciation ETF NYSE Arca MCHI iShares MSCI China ETF NASDAQ AMJ JPMorgan Alerian MLP Index ETN NYSE Arca EWH iShares MSCI Hong Kong ETF NYSE Arca EWU iShares MSCI United Kingdom ETF NYSE Arca SOXX iShares PHLX Semiconductor ETF NASDAQ FXE CurrencyShares Euro Trust NYSE Arca MBB iShares MBS ETF NYSE Arca CIU iShares Intermediate Credit Bond ETF NYSE Arca VO Vanguard Mid-Cap ETF NYSE Arca EWC iShares MSCI Canada ETF NYSE Arca IEI iShares 3-7 Year Treasury Bond ETF NYSE Arca CSJ iShares 1-3 Year Credit Bond ETF NYSE Arca OEF iShares S&P 100 ETF NYSE Arca ILF iShares Latin America 40 ETF NYSE Arca IYE iShares U.S. Energy ETF NYSE Arca VGT Vanguard Information Technology ETF NYSE Arca XLRE Real Estate Select Sector SPDR Fund NYSE Arca IYT iShares Transportation Average ETF NYSE Arca PCY PowerShares Emerging Markets Sovereign Debt Portfolio NYSE Arca IWS iShares Russell Mid-Cap Value ETF NYSE Arca EEMV iShares MSCI Emerging Markets Minimum Volatility ETF/Dup NYSE Arca IYF iShares US Financials ETF NYSE Arca VBR Vanguard Small-Cap Value ETF NYSE Arca UUP PowerShares DB US Dollar Index Bullish Fund NYSE Arca BNDX Vanguard Total International Bond ETF NASDAQ SJNK SPDR Bloomberg Barclays Short Term High Yield Bond ETF NYSE Arca EWA iShares MSCI Australia ETF NYSE Arca MINT PIMCO Enhanced Short Maturity Active Exchange-Traded Fund NYSE Arca HDV iShares High Dividend ETF NYSE Arca SCHF Schwab International Equity ETF NYSE Arca BIL SPDR Bloomberg Barclays 1-3 Month T-Bill NYSE Arca CWB SPDR Bloomberg Barclays Convertible Securities ETF NYSE Arca FDN First Trust Dow Jones Internet Index Fund NYSE Arca PGX PowerShares Preferred Portfolio NYSE Arca VFH Vanguard Financials ETF NYSE Arca IWR iShares Russell Mid-Cap ETF NYSE Arca HEFA iShares Currency Hedged MSCI EAFE ETF NYSE Arca VT Vanguard Total World Stock ETF NYSE Arca SCZ iShares MSCI EAFE Small-Cap ETF NASDAQ VXF Vanguard Extended Market ETF NYSE Arca HYS PIMCO 0-5 Year High Yield Corporate Bond Index Exchange-Traded Fund NYSE Arca FLOT iShares Floating Rate Bond ETF NYSE Arca DBC PowerShares DB Commodity Index Tracking Fund NYSE Arca ICF iShares Cohen & Steers REIT ETF NYSE Arca ITOT iShares Core S&P Total US Stock Market ETF NYSE Arca RWM ProShares Short Russell2000 NYSE Arca SCHB Schwab US Broad Market ETF NYSE Arca VHT Vanguard Health Care ETF NYSE Arca RWR SPDR Dow Jones REIT ETF NYSE Arca IWV iShares Russell 3000 ETF NYSE Arca IYW iShares US Technology ETF NYSE Arca VXUS Vanguard Total International Stock ETF NASDAQ EWP iShares MSCI Spain Capped ETF NYSE Arca DBEU Deutsche X-trackers MSCI Europe Hedged Equity ETF NYSE Arca EZA iShares MSCI South Africa ETF NYSE Arca DBJP Deutsche X-trackers MSCI Japan Hedged Equity ETF NYSE Arca SCHX Schwab US Large-Cap ETF NYSE Arca IJJ iShares S&P Mid-Cap 400 Value ETF NYSE Arca ACWX iShares MSCI ACWI ex US ETF NASDAQ RWX SPDR Dow Jones International Real Estate ETF NYSE Arca IEV iShares Europe ETF NYSE Arca VBK Vanguard Small-Cap Growth ETF NYSE Arca VOE Vanguard Mid-Cap Value ETF NYSE Arca IWP iShares Russell Mid-Cap Growth ETF NYSE Arca PSQ ProShares Short QQQ NYSE Arca SCHD Schwab US Dividend Equity ETF NYSE Arca QUAL iShares MSCI USA Quality Factor ETF NYSE Arca SPHD PowerShares S&P 500 High Dividend Low Volatility Portfolio NYSE Arca FXG First Trust Consumer Staples AlphaDEX Fund NYSE Arca BLV Vanguard Long-Term Bond ETF NYSE Arca IJS iShares S&P Small-Cap 600 Value ETF NYSE Arca Start Printed Page 45931 VPU Vanguard Utilities ETF NYSE Arca VDE Vanguard Energy ETF NYSE Arca EPP iShares MSCI Pacific ex Japan ETF NYSE Arca FXD First Trust Consumer Discretionary AlphaDEX Fund NYSE Arca IGV iShares North American Tech-Software ETF NYSE Arca NEAR iShares Short Maturity Bond ETF Bats HEWJ iShares Currency Hedged MSCI Japan ETF NYSE Arca EWI iShares MSCI Italy Capped ETF NYSE Arca EIDO iShares MSCI Indonesia ETF NYSE Arca HYD VanEck Vectors High Yield Municipal Index ETF NYSE Arca SCPB SPDR Bloomberg Barclays Short Term Corporate Bond ETF NYSE Arca SCHH Schwab U.S. REIT ETF NYSE Arca EWL iShares MSCI Switzerland Capped ETF NYSE Arca IJK iShares S&P Mid-Cap 400 Growth ETF NYSE Arca EFV iShares MSCI EAFE Value ETF NYSE Arca IJT iShares S&P Small-Cap 600 Growth ETF NYSE Arca EMLC VanEck Vectors J.P. Morgan EM Local Currency Bond ETF NYSE Arca SCHA Schwab US Small-Cap ETF NYSE Arca IDU iShares US Utilities ETF NYSE Arca HEZU iShares Currency Hedged MSCI Eurozone ETF NYSE Arca SHM SPDR Nuveen Barclays Short Term Municipal Bond ETF NYSE Arca IYH iShares U.S. Healthcare ETF NYSE Arca FV First Trust Dorsey Wright Focus 5 ETF NASDAQ IHI iShares U.S. Medical Devices ETF NYSE Arca ITA iShares US Aerospace & Defense ETF NYSE Arca GOVT iShares Core US Treasury Bond ETF NYSE Arca GUNR FlexShares Global Upstream Natural Resources Index Fund NYSE Arca VV Vanguard Large-Cap ETF NYSE Arca ASHR Deutsche X-trackers Harvest CSI 300 China A-Shares ETF NYSE Arca IYZ iShares US Telecommunications ETF NYSE Arca BWX SPDR Bloomberg Barclays International Treasury Bond ETF NYSE Arca TFI SPDR Nuveen Barclays Municipal Bond ETF NYSE Arca SCHZ Schwab U.S. Aggregate Bond ETF NYSE Arca VCLT Vanguard Long-Term Corporate Bond ETF NASDAQ VNQI Vanguard Global ex-U.S. Real Estate ETF NASDAQ KBWB PowerShares KBW Bank Portfolio NASDAQ IDV iShares International Select Dividend ETF NYSE Arca IXUS iShares Core MSCI Total International Stock ETF NASDAQ ACWV iShares MSCI All Country World Minimum Volatility ETF NYSE Arca FXY CurrencyShares Japanese Yen Trust NYSE Arca NOBL ProShares S&P 500 Dividend Aristocrats ETF Bats VPL Vanguard FTSE Pacific ETF NYSE Arca THD iShares MSCI Thailand Capped ETF NYSE Arca TOTL SPDR Doubleline Total Return Tactical ETF NYSE Arca VDC Vanguard Consumer Staples ETF NYSE Arca VOX Vanguard Telecommunication Services ETF NYSE Arca VTIP Vanguard Short-Term Inflation-Protected Securities ETF NASDAQ MTUM iShares MSCI USA Momentum Factor ETF NYSE Arca QTEC First Trust NASDAQ-100 Technology Index Fund NASDAQ EWM iShares MSCI Malaysia ETF NYSE Arca FXN First Trust Energy AlphaDEX Fund NYSE Arca OIL iPath Goldman Sachs Crude Oil Total Return Index ETN NYSE Arca REM iShares Mortgage Real Estate Capped ETF NYSE Arca TBF ProShares Short 20+ Year Treasury NYSE Arca FCG First Trust Natural Gas ETF NYSE Arca FXR First Trust Industrials/Producer Durables AlphaDEX Fund NYSE Arca PIN PowerShares India Portfolio NYSE Arca VIS Vanguard Industrials ETF NYSE Arca TUR iShares MSCI Turkey ETF NYSE Arca VMBS Vanguard Mortgage-Backed Securities ETF NASDAQ FVD First Trust Value Line Dividend Index Fund NYSE Arca FXB CurrencyShares British Pound Sterling Trust NYSE Arca PHB PowerShares Fundamental High Yield Corporate Bond Portfolio NYSE Arca DOG ProShares Short Dow30 NYSE Arca EFG iShares MSCI EAFE Growth ETF NYSE Arca EWQ iShares MSCI France ETF NYSE Arca IYJ iShares U.S. Industrials ETF NYSE Arca IYG iShares U.S. Financial Services ETF NYSE Arca BOND PIMCO Total Return Active Exchange-Traded Fund NYSE Arca HEWG iShares Currency Hedged MSCI Germany ETF NYSE Arca SHYG iShares 0-5 Year High Yield Corporate Bond ETF NYSE Arca VLUE iShares MSCI USA Value Factor ETF NYSE Arca SCHE Schwab Emerging Markets Equity ETF NYSE Arca ECH iShares MSCI Chile Capped ETF NYSE Arca Start Printed Page 45932 FXU First Trust Utilities AlphaDEX Fund NYSE Arca RWO SPDR Dow Jones Global Real Estate ETF NYSE Arca PRF Powershares FTSE RAFI US 1000 Portfolio NYSE Arca VGLT Vanguard Long-Term Government Bond ETF NASDAQ VOT Vanguard Mid-Cap Growth ETF NYSE Arca SCHM Schwab U.S. Mid-Cap ETF NYSE Arca EUFN iShares MSCI Europe Financials ETF NASDAQ EWS iShares MSCI Singapore ETF NYSE Arca GVI iShares Intermediate Government/Credit Bond ETF NYSE Arca SCHV Schwab U.S. Large-Cap Value ETF NYSE Arca SCHP Schwab US TIPs ETF NYSE Arca DEM WisdomTree Emerging Markets High Dividend Fund NYSE Arca IYM iShares U.S. Basic Materials ETF NYSE Arca DBA PowerShares DB Agriculture Fund NYSE Arca SCHG Schwab U.S. Large-Cap Growth ETF NYSE Arca IGOV iShares International Treasury Bond ETF NASDAQ IGF iShares Global Infrastructure ETF NASDAQ TLH iShares 10-20 Year Treasury Bond ETF NYSE Arca EPHE iShares MSCI Philippines ETF NYSE Arca SCHO Schwab Short-Term U.S. Treasury ETF NYSE Arca EUM ProShares Short MSCI Emerging Markets NYSE Arca PGF PowerShares Financial Preferred Portfolio NYSE Arca IHF iShares U.S. Healthcare Providers ETF NYSE Arca VSS Vanguard FTSE All World ex-US Small-Cap ETF NYSE Arca KIE SPDR S&P Insurance ETF NYSE Arca SPHB PowerShares S&P 500 High Beta Port ETF NYSE Arca SDOG ALPS Sector Dividend Dogs ETF NYSE Arca VAW Vanguard Materials ETF NYSE Arca FPE First Trust Preferred Securities and Income ETF NYSE Arca ITR SPDR Bloomberg Barclays Intermediate Term Corporate Bond ETF NYSE Arca VCR Vanguard Consumer Discretionary ETF NYSE Arca IGE iShares North American Natural Resources ETF NYSE Arca SIL Global X Silver Miners ETF NYSE Arca EDV Vanguard Extended Duration Treasury ETF NYSE Arca DLN WisdomTree LargeCap Dividend Fund NYSE Arca DON WisdomTree MidCap Dividend Fund NYSE Arca MLPI ETRACS Alerian MLP Infrastructure Index ETN NYSE Arca CLY iShares 10+ Year Credit Bond ETF NYSE Arca IUSG iShares Core US Growth ETF NYSE Arca ITM VanEck Vectors AMT-Free Intermediate Municipal Index ETF NYSE Arca RPG Guggenheim S&P 500 Pure Growth ETF NYSE Arca VGIT Vanguard Intermediate-Term Government Bond ETF NASDAQ CRED iShares Core US Credit Bond ETF NYSE Arca XES SPDR S&P Oil & Gas Equipment & Services ETF NYSE Arca PHYS Sprott Physical Gold Trust NYSE Arca TLO SPDR Bloomberg Barclays Long Term Treasury ETF NYSE Arca BBH VanEck Vectors Biotech ETF NASDAQ RYT Guggenheim S&P 500 Equal Weight Technology ETF NYSE Arca FXO First Trust Financial AlphaDEX Fund NYSE Arca CWI SPDR MSCI ACWI ex-US ETF NYSE Arca FXH First Trust Health Care AlphaDEX Fund NYSE Arca FDL First Trust Morningstar Dividend Leaders Index NYSE Arca PJP Powershares Dynamic Pharmaceuticals Portfolio NYSE Arca PZA PowerShares National AMT-Free Municipal Bond Portfolio NYSE Arca RPV Guggenheim S&P 500 Pure Value ETF NYSE Arca GSLC Goldman Sachs ActiveBeta U.S. Large Cap Equity ETF NYSE Arca SUB iShares Short-Term National Muni Bond ETF NYSE Arca IXC iShares Global Energy ETF NYSE Arca IAT iShares US Regional Banks ETF NYSE Arca GSY Guggenheim Enhanced Short Duration ETF NYSE Arca ERUS iShares MSCI Russia Capped ETF NYSE Arca IXJ iShares Global Healthcare ETF NYSE Arca DES WisdomTree SmallCap Dividend Fund NYSE Arca DJP iPath Bloomberg Commodity Index Total Return ETN NYSE Arca FTSM First Trust Enhanced Short Maturity ETF NASDAQ XPH SPDR S&P Pharmaceuticals ETF NYSE Arca VTEB Vanguard Tax-Exempt Bond Index ETF NYSE Arca VWOB Vanguard Emerging Markets Government Bond ETF NASDAQ IUSV iShares Core US Value ETF NYSE Arca PDP PowerShares DWA Momentum Portfolio NASDAQ MGK Vanguard Mega Cap Growth ETF NYSE Arca HYLS First Trust Exchange-Traded Fund IV First Trust Tactical High Yield ETF NASDAQ FEX First Trust Large Cap Core AlphaDEX Fund NASDAQ HYMB SPDR Nuveen S&P High Yield Municipal Bond ETF NYSE Arca Start Printed Page 45933 DGRO iShares Core Dividend Growth ETF NYSE Arca VGSH Vanguard Short-Term Government Bond ETF NASDAQ RHS Guggenheim S&P 500 Equal Weight Consumer Staples ETF NYSE Arca LEMB iShares Emerging Markets Local Currency Bond ETF NYSE Arca FBT First Trust NYSE Arca Biotechnology Index Fund NYSE Arca IYK iShares US Consumer Goods ETF NYSE Arca FNDX Schwab Fundamental U.S. Large Company Index NYSE Arca BNDS SPDR Bloomberg Barclays Aggregate Bond ETF NYSE Arca PEY PowerShares High Yield Equity Dividend Achievers Portfolio NASDAQ VRP PowerShares Variable Rate Preferred Portfolio NYSE Arca SPHQ PowerShares S&P 500 Quality Portfolio NYSE Arca GNR SPDR S&P Global Natural Resources ETF NYSE Arca ANGL VanEck Vectors Fallen Angel High Yield Bond ETF NYSE Arca EMLP First Trust North American Energy Infrastructure Fund NYSE Arca VTWO Vanguard Russell 2000 NASDAQ SRLN SPDR Blackstone/GSO Senior Loan ETF NYSE Arca EWD iShares MSCI Sweden ETF NYSE Arca RING iShares MSCI Global Gold Miners ETF NYSE Arca BAB PowerShares Build America Bond Portfolio NYSE Arca XMLV PowerShares S&P MidCap Low Volatility Portfolio NYSE Arca KWEB KraneShares CSI China Internet ETF NASDAQ IEO iShares U.S. Oil & Gas Exploration & Production ETF NYSE Arca XSLV PowerShares S&P SmallCap Low Volatility Portfolio NYSE Arca IEUR iShares Core MSCI Europe ETF NYSE Arca IFGL iShares International Developed Real Estate ETF NASDAQ ZROZ PIMCO 25+ Year Zero Coupon U.S. Treasury Index Exchange-Traded Fund NYSE Arca XSD SPDR S&P Semiconductor ETF NYSE Arca DFE WisdomTree Europe SmallCap Dividend Fund NYSE Arca FTSL First Trust Senior Loan ETF NASDAQ FXZ First Trust Materials AlphaDEX Fund NYSE Arca BLHY Virtus Newfleet Dynamic Credit ETF NYSE Arca SCHR Schwab Intermediate-Term U.S. Treasury ETF NYSE Arca EPOL iShares MSCI Poland Capped ETF NYSE Arca CMF iShares California Muni Bond ETF NYSE Arca GXC SPDR S&P China ETF NYSE Arca XAR SPDR S&P Aerospace & Defense ETF NYSE Arca IYC iShares U.S. Consumer Services ETF NYSE Arca FNDF Schwab Fundamental International Large Company Index NYSE Arca DWX SPDR S&P International Dividend ETF NYSE Arca SGOL ETFS Physical Swiss Gold Shares NYSE Arca EWN iShares MSCI Netherlands ETF NYSE Arca PKW PowerShares Buyback Achievers Portfolio NASDAQ PSLV Sprott Physical Silver Trust NYSE Arca IGM iShares North American Tech ETF NYSE Arca FNCL Fidelity MSCI Financials Index ETF NYSE Arca PPLT ETFS Physical Platinum Shares NYSE Arca ISTB iShares Core 1-5 Year USD Bond ETF NYSE Arca DGRW WisdomTree U.S. Quality Dividend Growth Fund NASDAQ IHE iShares US Pharmaceuticals ETF NYSE Arca SLYV SPDR S&P 600 Small CapValue ETF NYSE Arca HACK PureFunds ISE Cyber Security ETF NYSE Arca FNDA Schwab Fundamental U.S. Small Company Index NYSE Arca CORP PIMCO Investment Grade Corporate Bond Index Exchange-Traded Fund NYSE Arca BSJI Guggenheim BulletShares 2018 High Yield Corporate Bond ETF NYSE Arca ECON Columbia Emerging Markets Consumer ETF NYSE Arca PSK SPDR Wells Fargo Preferred Stock ETF NYSE Arca GSG iShares S&P GSCI Commodity Indexed Trust NYSE Arca VOOG Vanguard S&P 500 Growth ETF NYSE Arca VXZ iPATH S&P 500 VIX Mid-Term Futures ETN NYSE Arca ONEQ Fidelity NASDAQ Composite Index Tracking Stock ETF NASDAQ SLYG SPDR S&P 600 Small Cap Growth ETF NYSE Arca STIP iShares 0-5 Year TIPS Bond ETF NYSE Arca PDBC PowerShares DB Optimum Yield Diversified Commodity Strategy Portfolio NASDAQ FXL First Trust Technology AlphaDEX Fund NYSE Arca IXN iShares Global Tech ETF NYSE Arca MOO VanEck Vectors Agribusiness ETF NYSE Arca EPU iShares MSCI All Peru Capped ETF NYSE Arca SNLN Highland/iBoxx Senior Loan ETF NASDAQ DHS WisdomTree High Dividend Fund NYSE Arca AOR iShares Core Growth Allocation ETF NYSE Arca QAI IndexIQ ETF Trust—IQ Hedge Multi-Strategy Tracker ETF NYSE Arca PPH VanEck Vectors Pharmaceutical ETF NASDAQ FTEC Fidelity MSCI Information Technology Index ETF NYSE Arca DGS WisdomTree Emerging Markets SmallCap Dividend Fund NYSE Arca Start Printed Page 45934 FHLC Fidelity MSCI Health Care Index ETF NYSE Arca FNDE Schwab Fundamental Emerging Markets Large Company Index ETF NYSE Arca LMBS First Trust Low Duration Opportunities ETF NASDAQ IPAC iShares Core MSCI Pacific ETF NYSE Arca MGV Vanguard Mega Cap Value ETF NYSE Arca FRI First Trust S&P REIT Index Fund NYSE Arca JO iPath Bloomberg Coffee Subindex Total Return ETN NYSE Arca PXH PowerShares FTSE RAFI Emerging Markets Portfolio NYSE Arca WIP SPDR Citi International Government Inflation-Protected Bond ETF NYSE Arca AOM iShares Core Moderate Allocation ETF NYSE Arca EWK iShares MSCI Belgium Capped ETF NYSE Arca VIIX VelocityShares VIX Short Term ETN NASDAQ SCJ iShares MSCI Japan Small-Cap ETF NYSE Arca DVYE iShares Emerging Markets Dividend ETF NYSE Arca PXF PowerShares FTSE RAFI Developed Markets ex-U.S. Portfolio NYSE Arca DBB PowerShares DB Base Metals Fund NYSE Arca HYEM VanEck Vectors Emerging High Yield Bond ETF NYSE Arca PPA PowerShares Aerospace & Defense Portfolio NYSE Arca FTGC First Trust Global Tactical Commodity Strategy Fund NASDAQ DLS WisdomTree International SmallCap Dividend Fund NYSE Arca JHMD John Hancock Multifactor Developed International ETF NYSE Arca SDIV Global X SuperDividend ETF NYSE Arca PICK iShares MSCI Global Metals & Mining Producers ETF NYSE Arca INDY iShares India 50 ETF NASDAQ SPYG SPDR S&P 500 Growth ETF NYSE Arca STPZ PIMCO 1-5 Year U.S. TIPS Index Exchange-Traded Fund NYSE Arca SCHC Schwab International Small-Cap Equity ETF NYSE Arca IXG iShares Global Financials ETF NYSE Arca IAGG iShares International Aggregate Bond Fund Bats IWC iShares Micro-Cap ETF NYSE Arca DBO PowerShares DB Oil Fund NYSE Arca FXC CurrencyShares Canadian Dollar Trust NYSE Arca USCI United States Commodity Index Fund NYSE Arca PSCT PowerShares S&P SmallCap Information Technology Portfolio NASDAQ ITE SPDR Bloomberg Barclays Intermediate Term Treasury ETF NYSE Arca DBP PowerShares DB Precious Metals Fund NYSE Arca FENY Fidelity MSCI Energy Index ETF NYSE Arca ELD WisdomTree Emerging Markets Local Debt Fund NYSE Arca REZ iShares Residential Real Estate Capped ETF NYSE Arca EWX SPDR S&P Emerging Markets SmallCap ETF NYSE Arca ENZL iShares MSCI New Zealand Capped ETF NASDAQ IDLV PowerShares S&P International Developed Low Volatility Portfolio NYSE Arca BSJJ Guggenheim BulletShares 2019 High Yield Corporate Bond ETF NYSE Arca SILJ PureFunds ISE Junior Silver Small Cap Miners/Explorers ETF NYSE Arca VONG Vanguard Russell 1000 Growth ETF NASDAQ JPIN JPMorgan Diversified Return International Equity ETF NYSE Arca WBIY WBI Power FactorTM High Dividend ETF NYSE Arca FTA First Trust Large Cap Value AlphaDEX Fund NASDAQ GWX SPDR S&P International Small Cap ETF NYSE Arca OUSA O'Shares FTSE US Quality Dividend ETF NYSE Arca FM iShares MSCI Frontier 100 ETF NYSE Arca SJB ProShares Short High Yield NYSE Arca RYH Guggenheim S&P 500 Equal Weight Healthcare ETF NYSE Arca VONV Vanguard Russell 1000 Value NASDAQ PFXF VanEck Vectors Preferred Securities ex Financials ETF NYSE Arca QDF FlexShares Quality Dividend Index Fund NYSE Arca RYF Guggenheim S&P 500 Equal Weight Financials ETF NYSE Arca RYE Guggenheim S&P 500 Equal Weight Energy ETF NYSE Arca PID PowerShares International Dividend Achievers Portfolio NASDAQ FUTY Fidelity MSCI Utilities Index ETF NYSE Arca HDGE AdvisorShares Ranger Equity Bear ETF NYSE Arca MOAT VanEck Vectors Morningstar Wide Moat ETF NYSE Arca PWV PowerShares Dynamic Large Cap Value Portfolio NYSE Arca BSCI Guggenheim BulletShares 2018 Corporate Bond ETF NYSE Arca DFJ WisdomTree Japan SmallCap Dividend Fund NYSE Arca TDTT FlexShares iBoxx 3-Year Target Duration TIPS Index Fund NYSE Arca DGL PowerShares DB Gold Fund NYSE Arca DBE PowerShares DB Energy Fund NYSE Arca SMDV Proshares Trust-Proshares Russell 2000 Dividend Growers ETF Bats IFV First Trust Dorsey Wright International Focus 5 ETF NASDAQ MDIV First Trust Multi-Asset Diversified Income Index Fund NASDAQ PRFZ PowerShares FTSE RAFI US 1500 Small-Mid Portfolio NASDAQ FLRN SPDR Bloomberg Barclays Investment Grade Floating Rate ETF NYSE Arca EFZ ProShares Short MSCI EAFE NYSE Arca Start Printed Page 45935 BSCH Guggenheim BulletShares 2017 Corporate Bond ETF NYSE Arca IGN iShares North American Tech-Multimedia Networking ETF NYSE Arca FYX First Trust Small Cap Core AlphaDEX Fund NASDAQ IYY iShares Dow Jones U.S. ETF NYSE Arca VNM VanEck Vectors Vietnam ETF NYSE Arca DWM WisdomTree International Equity Fund NYSE Arca BSCK Guggenheim BulletShares 2020 Corporate Bond ETF NYSE Arca EBND SPDR Bloomberg Barclays Emerging Markets Local Bond ETF NYSE Arca DSI iShares MSCI KLD 400 Social ETF NYSE Arca FREL Fidelity MSCI Real Estate Index ETF NYSE Arca IOO iShares Global 100 ETF NYSE Arca KBWY PowerShares KBW Premium Yield Equity REIT Portfolio NASDAQ IHDG WisdomTree International Hedged Quality Dividend Growth Fund NYSE Arca FTC First Trust Large Cap Growth AlphaDEX Fund NASDAQ IPE SPDR Bloomberg Barclays TIPS ETF NYSE Arca GWL SPDR S&P World ex-US ETF NYSE Arca SKYY First Trust ISE Cloud Computing Index Fund NASDAQ XTN SPDR S&P Transportation ETF NYSE Arca SLX VanEck Vectors Steel Index Fund NYSE Arca REGL Proshares S&P Midcap 400 Dividend Aristocrats ETF Bats FNX First Trust Mid Cap Core AlphaDEX Fund NASDAQ SGDM Sprott Gold Miners ETF NYSE Arca CMBS iShares CMBS ETF NYSE Arca PKB PowerShares Dynamic Building & Construction Portfolio NYSE Arca QABA First Trust NASDAQ ABA Community Bank Index Fund NASDAQ MXI iShares Global Materials ETF NYSE Arca TDIV First Trust NASDAQ Technology Dividend Index Fund NASDAQ FDIS Fidelity MSCI Consumer Discretionary Index ETF NYSE Arca AOA iShares Core Aggressive Allocation ETF NYSE Arca FPX First Trust US IPO Index Fund NYSE Arca FNDC Schwab Fundamental International Small Cap Company index NYSE Arca BSCJ Guggenheim BulletShares 2019 Corporate Bond ETF NYSE Arca AIA iShares Asia 50 ETF NASDAQ GLTR ETFS Physical Precious Metal Basket Shares NYSE Arca VONE Vanguard Russell 1000 NASDAQ FSTA Fidelity MSCI Consumer Staples Index ETF NYSE Arca BSCL Guggenheim BulletShares 2021 Corporate Bond ETF NYSE Arca FDT First Trust Developed Markets ex-US AlphaDEX Fund NASDAQ COMT iShares Commodities Select Strategy ETF NASDAQ PUI PowerShares DWA Utilities Momentum Portfolio NASDAQ PSL PowerShares DWA Consumer Staples Momentum Portfolio NASDAQ MGC Vanguard Mega Cap ETF NYSE Arca JKG iShares Morningstar Mid-Cap ETF NYSE Arca BSJH Guggenheim BulletShares 2017 High Yield Corporate Bond ETF NYSE Arca MDYG SPDR S&P 400 Mid CapGrowth ETF NYSE Arca URTH iShares MSCI World ETF NYSE Arca RDIV Oppenheimer Ultra Dividend Revenue ETF NYSE Arca SLY SPDR S&P 600 Small CapETF NYSE Arca SGG iPath Bloomberg Sugar Subindex Total Return ETN NYSE Arca BSJK Guggenheim BulletShares 2020 High Yield Corporate Bond ETF NYSE Arca AOK iShares Core Conservative Allocation ETF NYSE Arca VIOO Vanguard S&P Small-Cap 600 ETF NYSE Arca BSJG Guggenheim BulletShares 2016 High Yield Corporate Bond ETF NYSE Arca PCEF PowerShares CEF Income Composite Portfolio NYSE Arca RWL Oppenheimer Large Cap Revenue ETF NYSE Arca PWZ PowerShares California AMT-Free Municipal Bond Portfolio NYSE Arca JHML John Hancock Multi-Factor Large Cap ETF NYSE Arca FLTB Fidelity Ltd Term Bond ETF NYSE Arca MDYV SPDR S&P 400 Mid Cap Value ETF NYSE Arca RYU Guggenheim S&P 500 Equal Weight Utilities ETF NYSE Arca RGI Guggenheim S&P 500 Equal Weight Industrials ETF NYSE Arca PALL ETFS Physical Palladium Shares NYSE Arca XHS SPDR S&P Health Care Services ETF NYSE Arca FBND Fidelity Total Bond ETF NYSE Arca DVYA iShares Asia/Pacific Dividend ETF NYSE Arca CORN Teucrium Corn Fund NYSE Arca IVOO Vanguard S&P Mid-Cap 400 ETF NYSE Arca FIDU Fidelity MSCI Industrials Index ETF NYSE Arca JKE iShares Morningstar Large-Cap Growth ETF NYSE Arca EMHY iShares Emerging Markets High Yield Bond ETF Bats IQDF FlexShares International Quality Dividend Index Fund NYSE Arca VOOV Vanguard S&P 500 Value ETF NYSE Arca HEWU iShares Currency Hedged MSCI United Kingdom ETF NYSE Arca FVC First Trust Dorsey Wright Dynamic Focus 5 ETF NASDAQ Start Printed Page 45936 SIVR ETFS Physical Silver Shares NYSE Arca KOL VanEck Vectors Coal ETF NYSE Arca MLPA Global X MLP ETF NYSE Arca AGZ iShares Agency Bond ETF NYSE Arca EELV PowerShares S&P Emerging Markets Low Volatility Portfolio NYSE Arca TAN Guggenheim Solar ETF NYSE Arca IUSB iShares Core Total USD Bond Market ETF NYSE Arca IVOV Vanguard S&P Mid-Cap 400 Value ETF NYSE Arca GBF iShares Government/Credit Bond ETF NYSE Arca TLTD FlexShares Morningstar Developed Markets ex-US Factor Tilt Index Fund NYSE Arca SLQD iShares 0-5 Year Investment Grade Corporate Bond ETF NASDAQ CSM ProShares Large Cap Core Plus Bats TDTF FlexShares iBoxx 5-Year Target Duration TIPS Index Fund NYSE Arca SOCL Global X Social Media Index ETF NASDAQ SLVP iShares MSCI Global Silver Miners ETF NYSE Arca QQEW First Trust NASDAQ-100 Equal Weighted Index Fund NASDAQ FJP First Trust Japan AlphaDEX Fund NASDAQ FEP First Trust Europe AlphaDEX Fund NASDAQ BNO United States Brent Oil Fund LP NYSE Arca AMZA InfraCap MLP ETF NYSE Arca MBG SPDR Bloomberg Barclays Mortgage Backed Bond ETF NYSE Arca IWY iShares Russell Top 200 Growth ETF NYSE Arca FLQE Franklin LibertyQ Emerging Markets ETF NYSE Arca GMM SPDR S&P Emerging Markets ETF NYSE Arca BSCM Guggenheim BulletShares 2022 Corporate Bond ETF NYSE Arca GREK Global X MSCI Greece ETF NYSE Arca FMAT Fidelity MSCI Materials Index ETF NYSE Arca HEEM iShares Currency Hedged MSCI Emerging Markets ETF NYSE Arca GEM Goldman Sachs ActiveBeta Emerging Markets Equity ETF NYSE Arca DBKO Deutsche X-trackers MSCI South Korea Hedged Equity ETF NYSE Arca ILTB iShares Core 10+ Year USD Bond ETF NYSE Arca GSIE Goldman Sachs ActiveBeta International Equity ETF NYSE Arca LRGF iShares FactorSelect MSCI USA ETF NYSE Arca NFRA FlexShares STOXX Global Broad Infrastructure Index Fund NYSE Arca AGGP IQ Enhanced Core Plus Bond U.S. ETF NYSE Arca KXI iShares Global Consumer Staples ETF NYSE Arca EDIV SPDR S&P Emerging Markets Dividend ETF NYSE Arca IEZ iShares U.S. Oil Equipment & Services ETF NYSE Arca ZIV VelocityShares Daily Inverse VIX Medium Term ETN NASDAQ DTD WisdomTree Total Dividend Fund NYSE Arca JJG iPath Bloomberg Grains Subindex Total Return ETN NYSE Arca Appendix B—Data
Unless otherwise specified, the following data shall be collected and transmitted to the SEC in an agreed-upon format on a monthly basis, to be provided 30 calendar days following month end. Unless otherwise specified, the Primary Listing Exchanges shall be responsible for collecting and transmitting the data to the SEC. Data collected in connection with Sections II(E)-(G) below shall be transmitted to the SEC with a request for confidential treatment under the Freedom of Information Act. 5 U.S.C. 552, and the SEC's rules and regulations thereunder.
I. Summary Statistics
A. Frequency with which NMS Stocks enter a Limit State. Such summary data shall be broken down as follows:
1. Partition stocks by category
a. Tier 1 non-ETP issues > $3.00
b. Tier 1 non-ETP issues >= $0.75 and <= $3.00
c. Tier 1 non-ETP issues <$0.75
d. Tier 1 non-leveraged ETPs in each of above categories
e. Tier 1 leveraged ETPs in each of above categories
f. Tier 2 non-ETPs in each of above categories
g. Tier 2 non-leveraged ETPs in each of above categories
h. Tier 2 leveraged ETPs in each of above categories
2. Partition by time of day
a. Opening (prior to 9:45 am ET)
b. Regular (between 9:45 am ET and 3:35 pm ET)
c. Closing (after 3:35 pm ET)
d. Within five minutes of a Trading Pause re-open or IPO open
3. Track reasons for entering a Limit State, such as:
a. Liquidity gap-price reverts from a Limit State Quotation and returns to trading within the Price Bands
b. Broken trades
c. Primary Listing Exchange manually declares a Trading Pause pursuant to Section (VII)(2) of the Plan
d. Other
B. Determine (1), (2) and (3) for when a Trading Pause has been declared for an NMS Stock pursuant to the Plan.
II. Raw Data (all Participants, except A-E, which are for the Primary Listing Exchanges only)
A. Record of every Straddle State
1. Ticker, date, time entered, time exited, flag for ending with Limit State, flag for ending with manual override.
2. Pipe delimited with field names as first record.
B. Record of every Price Band
1. Ticker, date, time at beginning of Price Band, Upper Price Band, Lower Price Band
2. Pipe delimited with field names as first record
C. Record of every Limit State
1. Ticker, date, time entered, time exited, flag for halt
2. Pipe delimited with field names as first record
D. Record of every Trading Pause or halt
1. Ticker, date, time entered, time exited, type of halt (i.e., regulatory halt, non-regulatory halt, Trading Pause pursuant to the Plan, other)
2. Pipe delimited with field names as first record
E. Data set or orders entered into reopening auctions during halts or Trading Pauses
1. Arrivals, Changes, Cancels, # shares, limit/market, side, Limit State sideStart Printed Page 45937
2. Pipe delimited with field name as first record
F. Data set of order events received during Limit States
G. Summary data on order flow of arrivals and cancellations for each 15-second period for discrete time periods and sample stocks to be determined by the SEC in subsequent data requests. Must indicate side(s) of Limit State.
1. Market/marketable sell orders arrivals and executions
a. Count
b. Shares
c. Shares executed
2. Market/marketable buy orders arrivals and executions
a. Count
b. Shares
c. Shares executed
3. Count arriving, volume arriving and shares executing in limit sell orders above NBBO mid-point
4. Count arriving, volume arriving and shares executing in limit sell orders at or below NBBO mid-point (non-marketable)
5. Count arriving, volume arriving and shares executing in limit buy orders at or above NBBO mid-point (non-marketable)
6. Count arriving, volume arriving and shares executing in limit buy orders below NBBO mid-point
7. Count and volume arriving of limit sell orders priced at or above NBBO mid-point plus $0.05
8. Count and volume arriving of limit buy orders priced at or below NBBO mid-point minus $0.05
9. Count and volume of (3-8) for cancels
10. Include: ticker, date, time at start, time of Limit State, all data item fields in 1, last sale prior to 15-second period (null if no trades today), range during 15-second period, last trade during 15-second period
III. On May 28, 2015, Participants provided to the SEC a supplemental joint assessment relating to the impact of the Plan and calibration of the Percentage Parameters as follows:
A. Assess the statistical and economic impact on liquidity of approaching Price Bands.
B. Assess the statistical and economic impact of the Price Bands on erroneous trades.
C. Assess the statistical and economic impact of the appropriateness of the Percentage Parameters used for the Price Bands.
D. Assess whether the Limit State is the appropriate length to allow for liquidity replenishment when a Limit State is reached because of a temporary liquidity gap.
E. Evaluate concerns from the options markets regarding the statistical and economic impact of Limit States on liquidity and market quality in the options markets. (Participants that operate options exchange should also prepare such assessment reports.)
F. Assess whether the process for entering a Limit State should be adjusted and whether Straddle States are problematic.
G. Assess whether the process for exiting a Limit State should be adjusted.
H. Assess whether the Trading Pauses are too long or short and whether the reopening procedures should be adjusted.
End PreambleFootnotes
1. On May 31, 2012, the Commission approved the Plan, as modified by Amendment No. 1. See Securities Exchange Act Release No. 67091, 77 FR 33498 (June 6, 2012) (File No. 4-631). On February 20, 2013, the Commission noticed for immediate effectiveness the Second Amendment to the Plan. See Securities Exchange Act Release No. 68953, 78 FR 13113 (February 26, 2013). On April 3, 2013, the Commission approved the Third Amendment to the Plan. See Securities Exchange Act Release No. 69287, 78 FR 21483 (April 10, 2013). On August 27, 2013, the Commission noticed for immediate effectiveness the Fourth Amendment to the Plan. See Securities Exchange Act Release No. 70273, 78 FR 54321 (September 3, 2013). On September 26, 2013, the Commission approved the Fifth Amendment to the Plan. See Securities Exchange Act Release No. 70530, 78 FR 60937 (October 2, 2013). On January 7, 2014, the Commission noticed for immediate effectiveness the Sixth Amendment to the Plan. See Securities Exchange Act Release No. 71247, 79 FR 2204 (January 13, 2014). On April 3, 2014, the Commission approved the Seventh Amendment to the Plan. See Securities Exchange Act Release No. 71851, 79 FR 19687 (April 9, 2014). On February 19, 2015, the Commission approved the Eight Amendment to the Plan. See Securities Exchange Act Release No. 74323, 80 FR 10169 (February 25, 2015). On October 22, 2015, the Commission approved the Ninth Amendment to the Plan. See Securities Exchange Act Release No. 76244, 80 FR 66099 (October 28, 2015). On April 21, 2016, the Commission approved the Tenth Amendment to the Plan. See Securities Exchange Act Release No. 77679, 81 FR 24908 (April 27, 2016). On August 26, 2016, the Commission noticed for immediate effectiveness the Eleventh Amendment to the Plan. See Securities Exchange Act Release No. 78703, 81 FR 60397 (September 1, 2016). On January 19, 2017, the Commission approved the Twelfth Amendment to the Plan. See Securities Exchange Act Release No. 79845, 82 FR 8551 (January 26, 2017). On April 13, 2017, the Commission approved the Thirteenth Amendment to the Plan. See Securities Exchange Act Release No. 80455, 82 FR 18519 (April 19, 2017). On April 28, 2017, the Commission noticed for immediate effectiveness the Fourteenth Amendment to the Plan. See Securities Exchange Act Release No. 80549, 82 FR 20928 (May 4, 2017).
Back to Citation4. See Letter from Elizabeth King, General Counsel and Corporate Secretary, NYSE, to Brent Fields, Secretary, Commission, dated August 30, 2017 (“Transmittal Letter”).
Back to Citation5. The Participants also propose a non-substantive amendment to the Plan text to reflect the name change of NYSE MKT LLC to NYSE American LLC. See Securities Exchange Act Release No. Securities Exchange Act Release No. 80283 (March 21, 2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
Back to Citation8. See 17 CFR 242.608(a)(4) and (a)(5).
Back to Citation9. See Transmittal Letter, supra note 4.
Back to Citation10. Unless otherwise specified, the terms used herein have the same meaning as set forth in the Plan.
Back to Citation11. See Updated CQS and CTS Multicast Output Binary Formats: Testing and Implementation Schedule Update 7, available here: https://www.nyse.com/publicdocs/ctaplan/notifications/trader-update/CTS_CQS%20New%20Binary%20Formats_Update_v7_06262017.pdf.
Back to Citation12. See Securities Exchange Act Release Nos. 79846 (January 19, 2017), 82 FR 8548 (January 26, 2017) (SR-NYSEArca-2016-130) (Approval Order); 79884 (January 26, 2017), 82 FR 8968 (February 1, 2017) (SR-BatsBZX-2016-61) (Approval Order); 79876 (January 25, 2017), 82 FR 8888 (January 31, 2017) (SR-Nasdaq-2016-131) (Approval Order).
Back to Citation13. In other words, the Participants expect that both the changes pursuant to the twelfth amendment and the Primary Listing Exchange automated reopening changes would become operative at the same time.
Back to Citation14. See, e.g., Securities Exchange Act Release Nos. 70273 (amending Section VIII.B of the Plan to establish a new implementation schedule for Phase II of the Plan) and 71247 (amending Section VIII.B of the Plan to establish a new implementation schedule for Phase II of the Plan), supra note 1.
Back to Citation15. See Securities Exchange Act Release No. 80455 (order approving the thirteenth amendment to the Plan), supra note 1.
Back to Citation[FR Doc. 2017-20974 Filed 9-29-17; 8:45 am]
BILLING CODE 8011-01-P
Document Information
- Published:
- 10/02/2017
- Department:
- Securities and Exchange Commission
- Entry Type:
- Notice
- Document Number:
- 2017-20974
- Pages:
- 45922-45937 (16 pages)
- Docket Numbers:
- Release No. 34-81720, File No. 4-631
- EOCitation:
- of 2017-09-26
- PDF File:
- 2017-20974.pdf