Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 510 To Extend the Penny Pilot Program, 37349-37351 [2015-15981]
Download as PDF
Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549–1090 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing will also be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NASDAQ–2015–063 and should be
submitted on or before July 21, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–15980 Filed 6–29–15; 8:45 am]
date, VNTI has failed to cure its
delinquencies.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
company. Therefore, it is ordered,
pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that
trading in the securities of the abovelisted company is suspended for the
period from 9:30 a.m. EDT on June 26,
2015, through 11:59 p.m. EDT on July
10, 2015.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015–16146 Filed 6–26–15; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
BILLING CODE 8011–01–P
[Release No. 34–75284; File No. SR–MIAX–
2015–40]
SECURITIES AND EXCHANGE
COMMISSION
In the Matter of Vantone International
Group, Inc.; Order of Suspension of
Trading
Self-Regulatory Organizations; Miami
International Securities Exchange LLC;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend Exchange Rule 510
To Extend the Penny Pilot Program
June 26, 2015.
June 24, 2015.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
[ File No. 500–1]
It appears to the Securities and
Exchange Commission (‘‘Commission’’)
that there is a lack of current and
accurate information concerning the
securities of Vantone International
Group, Inc. (‘‘VNTI 1’’) (CIK No.
1101423), a revoked Nevada corporation
whose principal place of business is
listed as Shenyang, Liaoning Province,
China because it is delinquent in its
periodic filings with the Commission,
having not filed any periodic reports
since it filed a Form 10–Q for the period
ended December 31, 2011. As of June
18, 2015, VNTI’s common stock was
quoted on OTC Link (previously ‘‘Pink
Sheets’’) operated by OTC Markets
Group Inc. On May 7, 2015, the
Commission’s Division of Corporation
Finance sent a delinquency letter to
VNTI at the address shown in its thenmost recent filing in the Commission’s
EDGAR system requesting compliance
with its periodic filing requirements,
which VNTI failed to receive because .
VNTI thus failed to maintain a valid
address on file with the Commission as
required by Commission rules (Rule 301
of Regulation S–T, 17 CFR 232.301 and
Section 5.4 of EDGAR Filer Manual). To
CFR 200.30–3(a)(12).
short form of the issuer’s name is also its
ticker symbol.
Pursuant to the provisions of Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 notice is hereby given that,
on June 18, 2015, Miami International
Securities Exchange LLC (‘‘MIAX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) a proposed rule change
as described in Items I and II below,
which Items have been prepared by the
Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing a proposal to
amend Rule 510, Interpretations and
Policies .01 to extend the pilot program
for the quoting and trading of certain
options in pennies (the ‘‘Penny Pilot
Program’’).
The text of the proposed rule change
is available on the Exchange’s Web site
at https://www.miaxoptions.com/filter/
wotitle/rule_filing, at MIAX’s principal
office, and at the Commission’s Public
Reference Room.
14 17
1 The
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17:34 Jun 29, 2015
Jkt 235001
1 15
2 17
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00131
Fmt 4703
Sfmt 4703
37349
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange is a participant in an
industry-wide pilot program that
provides for the quoting and trading of
certain option classes in penny
increments (the ‘‘Penny Pilot Program’’
or ‘‘Program’’). Specifically, the Penny
Pilot Program allows the quoting and
trading of certain option classes in
minimum increments of $0.01 for all
series in such option classes with a
price of less than $3.00; and in
minimum increments of $0.05 for all
series in such option classes with a
price of $3.00 or higher. Options
overlying the PowerShares QQQ Trust
(‘‘QQQQ’’)®, SPDR S&P 500 Exchange
Traded Funds (‘‘SPY’’), and iShares
Russell 2000 Index Funds (‘‘IWM’’),
however, are quoted and traded in
minimum increments of $0.01 for all
series regardless of the price. The Penny
Pilot Program was initiated at the then
existing option exchanges in January
2007 and currently includes more than
300 of the most active option classes.
The Penny Pilot Program is currently
scheduled to expire on June 30, 2015.
The purpose of the proposed rule
change is to extend the Penny Pilot
Program in its current format through
June 30, 2016.
In addition to the extension of the
Penny Pilot Program through June 30,
2016, the Exchange will replace any
Penny Pilot issues that have been
delisted with the next most actively
traded multiply listed option classes
that are not yet included in the Penny
Pilot Program. The replacement issues
will be selected based on trading
activity in the previous six months and
will be added to the Penny Pilot
Program on the second trading day
following July 1, 2015 and January 1,
2016. Please note, the month
immediately preceding a replacement
E:\FR\FM\30JNN1.SGM
30JNN1
37350
Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
class’s addition to the Pilot program
(i.e., June) will not be used for purposes
of the six-month analysis. Thus, a
replacement added on the second
trading day following July 1, 2015 will
be identified based on trading activity
from December 1, 2014 through May 31,
2015. Similarly, a replacement added on
the second trading day following
January 1, 2016 will be identified based
on trading activity from June 1, 2015
through November 30, 2015. Rule 510
has been updated to reflect the new date
replacement issues will be added to the
Penny Pilot Program.
2. Statutory Basis
MIAX believes that its proposed rule
change is consistent with Section 6(b) of
the Act 3 in general, and furthers the
objectives of Section 6(b)(5) of the Act 4
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, to remove
impediments to and perfect the
mechanisms of a free and open market
and a national market system and, in
general, to protect investors and the
public interest. In particular, the
proposed rule change, which extends
the Penny Pilot Program for six months,
allows the Exchange to continue to
participate in a program that has been
viewed as beneficial to traders, investors
and public customers and viewed as
successful by the other options
exchanges participating in it.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. Specifically,
the Exchange believes that, by extending
the expiration of the Pilot Program, the
proposed rule change will allow for
further analysis of the Penny Pilot
Program and a determination of how the
Program should be structured in the
future. In doing so, the proposed rule
change will also serve to promote
regulatory clarity and consistency,
thereby reducing burdens on the
marketplace and facilitating investor
protection. In addition, consistent with
previous practices, the Exchange
believes the other options exchanges
will be filing similar extensions of the
Penny Pilot Program.
3 15
4 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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17:34 Jun 29, 2015
Jkt 235001
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 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, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 5 and Rule 19b–4(f)(6)
thereunder.6
A proposed rule change filed under
Rule 19b–4(f)(6) 7 normally does not
become operative prior to 30 days after
the date of the filing.8 However,
pursuant to Rule 19b–4(f)(6)(iii),9 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because doing so will allow the Penny
Pilot Program to continue without
interruption in a manner that is
consistent with the Commission’s prior
approval of the extension and expansion
of the Penny Pilot Program and will
allow the Exchange and the Commission
additional time to analyze the impact of
the Penny Pilot Program.10 Accordingly,
the Commission designates the
proposed rule change as operative upon
filing with the Commission.11
5 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
7 17 CFR 240.19b–4(f)(6).
8 17 CFR 240.19b–4(f)(6).
9 17 CFR 240.19b–4(f)(6)(iii).
10 See Securities Exchange Act Release No. 61061
(November 24, 2009), 74 FR 62857 (December 1,
2009) (SR–NYSEArca–2009–44).
11 For purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
6 17
PO 00000
Frm 00132
Fmt 4703
Sfmt 4703
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 rule-comments@
sec.gov. Please include File Number SR–
MIAX–2015–40 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–MIAX–2015–40. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
E:\FR\FM\30JNN1.SGM
30JNN1
Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–MIAX–
2015–40 and should be submitted on or
before July 21,2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–15981 Filed 6–29–15; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration # 14334 and # 14335]
Texas Disaster Number TX–00447
U.S. Small Business
Administration.
ACTION: Amendment 3.
AGENCY:
This is an amendment of the
Presidential declaration of a major
disaster for the State of TEXAS (FEMA–
4223–DR), dated 05/29/2015.
Incident: Severe Storms, Tornadoes,
Straight-Line Winds and Flooding.
Incident Period: 05/04/2015 through
06/19/2015.
DATES: Effective Date: 06/19/2015.
Physical Loan Application Deadline
Date: 07/28/2015.
EIDL Loan Application Deadline Date:
02/29/2016.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for the State of TEXAS,
dated 05/29/2015 is hereby amended to
establish the incident period for this
disaster as beginning 05/04/2015 and
continuing through 06/19/2015.
All other information in the original
declaration remains unchanged.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2015–15998 Filed 6–29–15; 8:45 am]
BILLING CODE 8025–01–P
12 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
17:34 Jun 29, 2015
Jkt 235001
SMALL BUSINESS ADMINISTRATION
[License No. 04/04–0298]
Harbert Mezzanine Partners II SBIC,
L.P.; Notice Seeking Exemption Under
Section 312 of the Small Business
Investment Act, Conflicts of Interest
Notice is hereby given that Harbert
Mezzanine Partners II SBIC, L.P., 2100
Third Avenue North, Suite 600,
Birmingham, Alabama, 35203, Federal
Licensees under the Small Business
Investment Act of 1958, as amended
(‘‘the Act’’), in connection with the
financing of a small concern, has sought
an exemption under section 312 of the
Act and section 107.730, Financings
which Constitute Conflicts of Interest of
the Small Business Administration
(‘‘SBA’’) Rules and Regulations (13 CFR
107.730). Harbert Mezzanine Partners II
SBIC, L.P. provided financing to Optical
Experts Manufacturing, Inc., 8500 South
Tyron Street, Charlotte, NC 28273. The
financing was contemplated for working
capital purposes.
The financing is brought within the
purview of § 107.730(a)(1) of the
Regulations because Harbinger
Mezzanine Partners, L.P., an Associate
of Harbert Mezzanine Partners II SBIC,
L.P., owns more than ten percent of
Optical Experts Manufacturing, Inc.
Therefore, this transaction is considered
a financing of an Associate requiring an
exemption.
Notice is hereby given that any
interested person may submit written
comments on the transaction within
fifteen days of the date of this
publication to the Acting Associate
Administrator for Investment, U.S.
Small Business Administration, 409
Third Street SW., Washington, DC
20416.
John R. Williams,
Acting Deputy Associate Administrator,
Office of Investment & Innovation.
[FR Doc. 2015–15996 Filed 6–29–15; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #14336 and #14337]
Texas Disaster Number TX–00448
U.S. Small Business
Administration.
ACTION: Amendment 2.
AGENCY:
This is an amendment of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of Texas (FEMA–4223–DR),
dated 05/29/2015.
Incident: Severe Storms, Tornadoes,
Straight Line Winds and Flooding.
SUMMARY:
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
37351
Incident Period: 05/04/2015 through
06/19/2015.
Effective Date: 06/19/2015.
Physical Loan Application Deadline
Date: 07/28/2015.
Economic Injury (EIDL) Loan
Application Deadline Date: 02/29/2016
DATES:
Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
ADDRESSES:
A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416
FOR FURTHER INFORMATION CONTACT:
The notice
of the President’s major disaster
declaration for Private Non-Profit
organizations in the State of TEXAS,
dated 05/29/2015, is hereby amended to
establish the incident period for this
disaster as beginning 05/04/2015 and
continuing through 06/19/2015.
All other information in the original
declaration remains unchanged.
SUPPLEMENTARY INFORMATION:
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2015–15997 Filed 6–29–15; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
Interest Rates
The Small Business Administration
publishes an interest rate called the
optional ‘‘peg’’ rate (13 CFR 120.214) on
a quarterly basis. This rate is a weighted
average cost of money to the
government for maturities similar to the
average SBA direct loan. This rate may
be used as a base rate for guaranteed
fluctuating interest rate SBA loans. This
rate will be 2.250 (21⁄4) percent for the
July–September quarter of FY 2015.
Pursuant to 13 CFR 120.921(b), the
maximum legal interest rate for any
third party lender’s commercial loan
which funds any portion of the cost of
a 504 project (see 13 CFR 120.801) shall
be 6% over the New York Prime rate or,
if that exceeds the maximum interest
rate permitted by the constitution or
laws of a given State, the maximum
interest rate will be the rate permitted
E:\FR\FM\30JNN1.SGM
30JNN1
Agencies
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37349-37351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15981]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-75284; File No. SR-MIAX-2015-40]
Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Exchange Rule 510 To Extend the Penny
Pilot Program
June 24, 2015.
Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that, on June 18, 2015, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is filing a proposal to amend Rule 510,
Interpretations and Policies .01 to extend the pilot program for the
quoting and trading of certain options in pennies (the ``Penny Pilot
Program'').
The text of the proposed rule change is available on the Exchange's
Web site at https://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange is a participant in an industry-wide pilot program
that provides for the quoting and trading of certain option classes in
penny increments (the ``Penny Pilot Program'' or ``Program'').
Specifically, the Penny Pilot Program allows the quoting and trading of
certain option classes in minimum increments of $0.01 for all series in
such option classes with a price of less than $3.00; and in minimum
increments of $0.05 for all series in such option classes with a price
of $3.00 or higher. Options overlying the PowerShares QQQ Trust
(``QQQQ'')[supreg], SPDR S&P 500 Exchange Traded Funds (``SPY''), and
iShares Russell 2000 Index Funds (``IWM''), however, are quoted and
traded in minimum increments of $0.01 for all series regardless of the
price. The Penny Pilot Program was initiated at the then existing
option exchanges in January 2007 and currently includes more than 300
of the most active option classes. The Penny Pilot Program is currently
scheduled to expire on June 30, 2015. The purpose of the proposed rule
change is to extend the Penny Pilot Program in its current format
through June 30, 2016.
In addition to the extension of the Penny Pilot Program through
June 30, 2016, the Exchange will replace any Penny Pilot issues that
have been delisted with the next most actively traded multiply listed
option classes that are not yet included in the Penny Pilot Program.
The replacement issues will be selected based on trading activity in
the previous six months and will be added to the Penny Pilot Program on
the second trading day following July 1, 2015 and January 1, 2016.
Please note, the month immediately preceding a replacement
[[Page 37350]]
class's addition to the Pilot program (i.e., June) will not be used for
purposes of the six-month analysis. Thus, a replacement added on the
second trading day following July 1, 2015 will be identified based on
trading activity from December 1, 2014 through May 31, 2015. Similarly,
a replacement added on the second trading day following January 1, 2016
will be identified based on trading activity from June 1, 2015 through
November 30, 2015. Rule 510 has been updated to reflect the new date
replacement issues will be added to the Penny Pilot Program.
2. Statutory Basis
MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \3\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \4\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest. In particular, the proposed
rule change, which extends the Penny Pilot Program for six months,
allows the Exchange to continue to participate in a program that has
been viewed as beneficial to traders, investors and public customers
and viewed as successful by the other options exchanges participating
in it.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the Exchange
believes that, by extending the expiration of the Pilot Program, the
proposed rule change will allow for further analysis of the Penny Pilot
Program and a determination of how the Program should be structured in
the future. In doing so, the proposed rule change will also serve to
promote regulatory clarity and consistency, thereby reducing burdens on
the marketplace and facilitating investor protection. In addition,
consistent with previous practices, the Exchange believes the other
options exchanges will be filing similar extensions of the Penny Pilot
Program.
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 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, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \5\ and Rule 19b-4(f)(6)
thereunder.\6\
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(b)(3)(A).
\6\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) \7\ normally
does not become operative prior to 30 days after the date of the
filing.\8\ However, pursuant to Rule 19b-4(f)(6)(iii),\9\ the
Commission may designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because doing so will allow the Penny Pilot Program to continue without
interruption in a manner that is consistent with the Commission's prior
approval of the extension and expansion of the Penny Pilot Program and
will allow the Exchange and the Commission additional time to analyze
the impact of the Penny Pilot Program.\10\ Accordingly, the Commission
designates the proposed rule change as operative upon filing with the
Commission.\11\
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\7\ 17 CFR 240.19b-4(f)(6).
\8\ 17 CFR 240.19b-4(f)(6).
\9\ 17 CFR 240.19b-4(f)(6)(iii).
\10\ See Securities Exchange Act Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44).
\11\ For purposes only of waiving the operative delay for this
proposal, the Commission has 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 rule-comments@sec.gov. Please include
File Number SR-MIAX-2015-40 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-MIAX-2015-40. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from
[[Page 37351]]
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
MIAX-2015-40 and should be submitted on or before July 21, 2015.
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\12\ 17 CFR 200.30-3(a)(12).'
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-15981 Filed 6-29-15; 8:45 am]
BILLING CODE 8011-01-P