Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rules 301, Just and Equitable Principles of Trade; Rule 308, Exemptions From Position Limits; Rule 404, Series of Option Contracts Open for Trading; Rule 514, Priority of Quotes and Orders; Rule 1325, Telemarketing; and Rule 1400, Definitions, 23477-23479 [2017-10312]
Download as PDF
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
mstockstill on DSK30JT082PROD with NOTICES
has requested that the Commission
waive the requirement that the proposed
rule change not become operative for 30
days after the date of the filing so that
it may become operative on the date of
filing.
The Exchange notes that the proposed
rule change is intended to mitigate
confidentiality concerns raised in
connection with section VII(A) of the
Plan, which provides that the data made
publicly available will not identify the
Trading Center that generated the data.
The Exchange states that the additional
time would allow consideration of a
methodology to mitigate concerns
related to the publication of Appendix
B data.15
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because it will synchronize the timing
for publication of Appendix B data for
all Participants, which should enhance
the consistency and usefulness of the
data.16 Therefore, the Commission
hereby waives the 30-day operative
delay and designates the proposed rule
change to be operative on the date of
filing.17
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
15 The Commission recently approved a FINRA
proposal to implement an aggregated, anonymous
grouped masking methodology for the publication
of Appendix B data related to OTC trading activity.
See Securities Exchange Release No. 80551, (April
28, 2017), 82 FR 20948 (May 4, 2017). See also
Letter from David S. Shillman, Associate Director,
Division of Trading and Markets, Commission, to
Marcia E. Asquith, Executive Vice President FINRA,
dated April 28, 2017.
16 The Commission recently granted exemptive
relief to the Participants delay the publication of
their Appendix B data until August 31, 2017. See
Letter from David S. Shillman, Associate Director,
Division of Trading and Markets, Commission, to
Jennifer Piorko Mitchell, Vice President and Deputy
Corporate Secretary, FINRA, dated April 28, 2017.
The Commission notes that other Participants have
submitted proposed rule changes to delay the
publication of Appendix B data until August 31,
2017. See e.g., SR–BatsBYX–2017–10; SR–
BatsEDGA–2017–10; SR–BatsEDGX–2017–19; SR–
BX–2017–022; SR–CHX–2017–07; SR–FINRA–
2017–010; SR–IEX–2017–12; SR–NASDAQ–2017–
044; SR–Phlx–2017–33; SR–NYSE–2017–19; SR–
NYSEArca-2017–49; SR–NYSEMKT–2017–24.
17 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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23:17 May 19, 2017
Jkt 241001
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–
BatsBZX–2017–31 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–BatsBZX–2017–31. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
BatsBZX–2017–31 and should be
submitted on or before June 12, 2017.
PO 00000
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23477
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–10309 Filed 5–19–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80690; File No. SR–MIAX–
2017–21]
Self-Regulatory Organizations; Miami
International Securities Exchange LLC;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend MIAX Options Rules
301, Just and Equitable Principles of
Trade; Rule 308, Exemptions From
Position Limits; Rule 404, Series of
Option Contracts Open for Trading;
Rule 514, Priority of Quotes and
Orders; Rule 1325, Telemarketing; and
Rule 1400, Definitions
May 16, 2017.
Pursuant to 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 May 15,
2017, Miami International Securities
Exchange, LLC (‘‘MIAX Options’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) a proposed rule change
as described in Items I, II, and III 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 Exchange Rule 301, Just and
Equitable Principles of Trade; Rule 308,
Exemptions from Position Limits; Rule
404, Series of Option Contracts Open for
Trading; Rule 514, Priority of Quotes
and Orders; Rule 1325, Telemarketing;
and Rule 1400, Definitions.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://www.miaxoptions.com/rulefilings, at MIAX’s principal office, and
at the Commission’s Public Reference
Room.
18 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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23478
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
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.
mstockstill on DSK30JT082PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
Exchange Rules 301.02, 308(a)(7)(vi),
308(b)(6),404.02(d), 514(e)(2),
1325(n)(20), and 1400(l) to make minor
non-substantive corrective changes.
First, the Exchange propose to amend
Exchange Rule 301, Just and Equitable
Principles of Trade, Interpretations and
Policies .02, to convert the numerical
list item identifiers to alphabetical
identifiers to properly conform to the
hierarchical heading scheme used
throughout the Exchange’s rulebook.
Additionally, there are two alphabetical
identifiers, ‘‘A’’ and ‘‘B’’, located further
in the paragraph which must be
converted to numerical identifiers ‘‘1’’
and ‘‘2’’ respectively, to align to the
hierarchical heading scheme of the
Exchange’s Rulebook. Therefore, the
Exchange proposes to replace the
numerical identifiers with alphabetical
identifiers located in the beginning of
the paragraph, and to then in turn
replace the alphabetical identifiers with
numerical identifiers for the references
which occur later in the paragraph.
Second, the Exchange proposes to
amend Exchange Rule 308, Exemptions
from Position Limits, to correct an
incorrect cross reference. Exchange Rule
308(a)(7)(vi) states that a ‘‘Member on
its own behalf or on behalf of a
designated aggregation unit pursuant to
Rule 308(a)(iv) shall also report . . . ’’.
The reference to paragraph (a)(iv) of
Rule 308 is incorrect as 308(a)(7)(iv) is
the correct section, which is titled Effect
on Aggregation of Account Positions.
Therefore, the Exchange proposes to
replace the reference to paragraph (a)(iv)
with (a)(7)(iv). Additionally, the
Exchange proposes to amend paragraph
(b)(6) of Rule 308 to replace the
alphabetical list identifiers (‘‘A’’
through ‘‘D’’) with romanette identifiers
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23:17 May 19, 2017
Jkt 241001
‘‘i’’ through ‘‘iv’’ respectively, to align to
the hierarchical heading scheme of the
Exchange’s Rulebook.
Third, the Exchange proposes to
amend Exchange Rule 404, Series of
Option Contracts Open for Trading,
Interpretations and Policies .02, Short
Term Option Series Program, to correct
a typographical error in paragraph (d).
The fourth sentence in the paragraph
begins, ‘‘Market makers,’’ whereas
‘‘makers’’ should be capitalized.
Therefore, the Exchange proposes to
amend the rule to replace the term
‘‘Market makers’’ with ‘‘Market
Makers.’’
Fourth, the Exchange proposes to
amend Exchange Rule 514, Priority of
Quotes and Orders, to correct an invalid
cross reference in paragraph (e)(2) of the
Rule. Exchange Rule 514(e)(2) describes
‘‘Market Maker non-priority quotes, (as
described in Rule 517(b)(1)(ii)) and
Market Maker orders in both assigned
and non-assigned classes.’’ The
reference to paragraph 517(b)(1)(ii) is
incorrect as 517(b)(1)(ii) describes the
Priority Quote Width Standard, whereas
517(b)(1)(iii) describes Non-Priority
Quotes. Therefore, the Exchange
proposes to replace the reference to
517(b)(1)(ii) with 517(b)(1)(iii).
Fifth, the Exchange proposes to
amend Exchange Rule 1325,
Telemarketing, to correct a
typographical error in paragraph (n)
subsection (20) where the word
telemarketer is incorrectly spelled
‘‘telelmarketer.’’
Lastly, the Exchange proposes to
amend Exchange Rule 1400, Definitions,
to make a minor non-substantive
correction to paragraph (l). Exchange
Rule 1400(l) provides the definition of
the OPRA Plan as, ‘‘the plan filed with
the SEC pursuant to Section
11Aa(1)(C)(iii) of the Exchange Act,
approved by the SEC and declared
effective as of January 22, 1976, as from
time to time amended.’’ The reference to
11Aa(1)(C)(iii) is incorrect as the correct
citation format is 11A(a)(1)(C)(iii).
Therefore, the Exchange propose to
replace 11Aa(1)(C)(iii) with
11A(a)(1)(C)(iii).
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
3 15
4 15
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
Frm 00309
Fmt 4703
Sfmt 4703
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.
The Exchange believes the proposed
rule changes promote just and equitable
principles of trade and removes
impediments to and perfects the
mechanism of a free and open market
and a national market system because
the proposed rule change corrects errors
in the hierarchical heading scheme to
provide uniformity in the Exchange’s
rulebook; corrects incorrect cross
references; and corrects minor
typographical errors. The Exchange
notes that the proposed changes do not
alter the application of each rule. As
such, the proposed amendments would
foster cooperation and coordination
with persons engaged in facilitating
transactions in securities and would
remove impediments to and perfect the
mechanism of a free and open market
and national exchange system. In
particular, the Exchange believes that
the proposed rule changes will provide
greater clarity to Members 5 and the
public regarding the Exchange’s Rules.
It is in the public interest for rules to be
accurate and concise so as to eliminate
the potential for confusion.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change will have no
impact on competition as it is not
designed to address any competitive
issues but rather to add additional
clarity to existing rules and to remedy
minor non-substantive issues in the text
of various rules identified in this
proposal.
The Exchange does not believe that
the proposed rule changes will impose
any burden on intermarket competition
as the Rules apply equally to all
Exchange Members.
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.
5 The term ‘‘Member’’ means an individual or
organization approved to exercise the trading rights
associated with a Trading Permit. Members are
deemed ‘‘members’’ under the Exchange Act. See
Exchange Rule 100.
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Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days after the date of
the filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to 19(b)(3)(A)
of the Act 6 and Rule 19b–4(f)(6) 7
thereunder.
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–2017–21 on the subject line.
mstockstill on DSK30JT082PROD with NOTICES
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–2017–21. 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
6 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
7 17
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23:17 May 19, 2017
Jkt 241001
23479
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–MIAX–
2017–21 and should be submitted on or
before June 12, 2017.
designated this proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A) of the
Act 3 and Rule 19b–4(f)(6)(iii)
thereunder,4 which renders it effective
upon filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Eduardo A. Aleman,
Assistant Secretary.
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 parts of such
statements.
[FR Doc. 2017–10312 Filed 5–19–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80689; File No. SR–
BatsEDGX–2017–19]
Self-Regulatory Organizations; Bats
EDGX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change to Rule 11.22 of
Bats EDGX Exchange, Inc. To Modify
the Date of Appendix B Web Site Data
Publication Pursuant to the Regulation
NMS Plan To Implement a Tick Size
Pilot Program
May 16, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on May 4,
2017, Bats EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Exchange has
8 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00310
Fmt 4703
Sfmt 4703
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange filed a proposal to
amend Rule 11.22 to modify the date of
Appendix B Web site data publication
pursuant to the Regulation NMS Plan to
Implement a Tick Size Pilot Program
(‘‘Plan’’).
The text of the proposed rule change
is available at the Exchange’s Web site
at www.bats.com, at the principal office
of the Exchange, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Rule 11.22(b) (Compliance with Data
Collection Requirements) 5 implements
the data collection and Web site
publication requirements of the Plan.6
Rule 11.22(b).08 provides, among other
things, that the requirement that the
3 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii).
5 See Exchange Rule 11.22(b). See also Securities
Exchange Act Release Nos. 77416 (March 22, 2016),
81 FR 17225 (March 28, 2016); and 78798
(September 9, 2016), 81 FR 63532 (September 15,
2016).
6 The Participants filed the Plan to comply with
an order issued by the Commission on June 24,
2014. See Letter from Brendon J. Weiss, Vice
President, Intercontinental Exchange, Inc., to
Secretary, Commission, dated August 25, 2014
(‘‘SRO Tick Size Plan Proposal’’). See Securities
Exchange Act Release No 72460 (June 24, 2014), 79
FR 36840 (June 30, 2014); see also Securities
Exchange Act Release No. 74892 (May 6, 2015), 80
FR 27513 (May 13, 2015).
4 17
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Agencies
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23477-23479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10312]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-80690; File No. SR-MIAX-2017-21]
Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend MIAX Options Rules 301, Just and
Equitable Principles of Trade; Rule 308, Exemptions From Position
Limits; Rule 404, Series of Option Contracts Open for Trading; Rule
514, Priority of Quotes and Orders; Rule 1325, Telemarketing; and Rule
1400, Definitions
May 16, 2017.
Pursuant to 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 May 15, 2017, Miami International Securities Exchange, LLC
(``MIAX Options'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III 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 Exchange Rule 301, Just
and Equitable Principles of Trade; Rule 308, Exemptions from Position
Limits; Rule 404, Series of Option Contracts Open for Trading; Rule
514, Priority of Quotes and Orders; Rule 1325, Telemarketing; and Rule
1400, Definitions.
The text of the proposed rule change is available on the Exchange's
Web site at https://www.miaxoptions.com/rule-filings, at MIAX's
principal office, and at the Commission's Public Reference Room.
[[Page 23478]]
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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Exchange Rules 301.02,
308(a)(7)(vi), 308(b)(6),404.02(d), 514(e)(2), 1325(n)(20), and 1400(l)
to make minor non-substantive corrective changes.
First, the Exchange propose to amend Exchange Rule 301, Just and
Equitable Principles of Trade, Interpretations and Policies .02, to
convert the numerical list item identifiers to alphabetical identifiers
to properly conform to the hierarchical heading scheme used throughout
the Exchange's rulebook. Additionally, there are two alphabetical
identifiers, ``A'' and ``B'', located further in the paragraph which
must be converted to numerical identifiers ``1'' and ``2''
respectively, to align to the hierarchical heading scheme of the
Exchange's Rulebook. Therefore, the Exchange proposes to replace the
numerical identifiers with alphabetical identifiers located in the
beginning of the paragraph, and to then in turn replace the
alphabetical identifiers with numerical identifiers for the references
which occur later in the paragraph.
Second, the Exchange proposes to amend Exchange Rule 308,
Exemptions from Position Limits, to correct an incorrect cross
reference. Exchange Rule 308(a)(7)(vi) states that a ``Member on its
own behalf or on behalf of a designated aggregation unit pursuant to
Rule 308(a)(iv) shall also report . . . ''. The reference to paragraph
(a)(iv) of Rule 308 is incorrect as 308(a)(7)(iv) is the correct
section, which is titled Effect on Aggregation of Account Positions.
Therefore, the Exchange proposes to replace the reference to paragraph
(a)(iv) with (a)(7)(iv). Additionally, the Exchange proposes to amend
paragraph (b)(6) of Rule 308 to replace the alphabetical list
identifiers (``A'' through ``D'') with romanette identifiers ``i''
through ``iv'' respectively, to align to the hierarchical heading
scheme of the Exchange's Rulebook.
Third, the Exchange proposes to amend Exchange Rule 404, Series of
Option Contracts Open for Trading, Interpretations and Policies .02,
Short Term Option Series Program, to correct a typographical error in
paragraph (d). The fourth sentence in the paragraph begins, ``Market
makers,'' whereas ``makers'' should be capitalized. Therefore, the
Exchange proposes to amend the rule to replace the term ``Market
makers'' with ``Market Makers.''
Fourth, the Exchange proposes to amend Exchange Rule 514, Priority
of Quotes and Orders, to correct an invalid cross reference in
paragraph (e)(2) of the Rule. Exchange Rule 514(e)(2) describes
``Market Maker non-priority quotes, (as described in Rule
517(b)(1)(ii)) and Market Maker orders in both assigned and non-
assigned classes.'' The reference to paragraph 517(b)(1)(ii) is
incorrect as 517(b)(1)(ii) describes the Priority Quote Width Standard,
whereas 517(b)(1)(iii) describes Non-Priority Quotes. Therefore, the
Exchange proposes to replace the reference to 517(b)(1)(ii) with
517(b)(1)(iii).
Fifth, the Exchange proposes to amend Exchange Rule 1325,
Telemarketing, to correct a typographical error in paragraph (n)
subsection (20) where the word telemarketer is incorrectly spelled
``telelmarketer.''
Lastly, the Exchange proposes to amend Exchange Rule 1400,
Definitions, to make a minor non-substantive correction to paragraph
(l). Exchange Rule 1400(l) provides the definition of the OPRA Plan as,
``the plan filed with the SEC pursuant to Section 11Aa(1)(C)(iii) of
the Exchange Act, approved by the SEC and declared effective as of
January 22, 1976, as from time to time amended.'' The reference to
11Aa(1)(C)(iii) is incorrect as the correct citation format is
11A(a)(1)(C)(iii). Therefore, the Exchange propose to replace
11Aa(1)(C)(iii) with 11A(a)(1)(C)(iii).
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.
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\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(5).
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The Exchange believes the proposed rule changes promote just and
equitable principles of trade and removes impediments to and perfects
the mechanism of a free and open market and a national market system
because the proposed rule change corrects errors in the hierarchical
heading scheme to provide uniformity in the Exchange's rulebook;
corrects incorrect cross references; and corrects minor typographical
errors. The Exchange notes that the proposed changes do not alter the
application of each rule. As such, the proposed amendments would foster
cooperation and coordination with persons engaged in facilitating
transactions in securities and would remove impediments to and perfect
the mechanism of a free and open market and national exchange system.
In particular, the Exchange believes that the proposed rule changes
will provide greater clarity to Members \5\ and the public regarding
the Exchange's Rules. It is in the public interest for rules to be
accurate and concise so as to eliminate the potential for confusion.
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\5\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
will have no impact on competition as it is not designed to address any
competitive issues but rather to add additional clarity to existing
rules and to remedy minor non-substantive issues in the text of various
rules identified in this proposal.
The Exchange does not believe that the proposed rule changes will
impose any burden on intermarket competition as the Rules apply equally
to all Exchange Members.
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.
[[Page 23479]]
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) \7\
thereunder.
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\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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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-2017-21 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-2017-21. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2017-21 and should be
submitted on or before June 12, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10312 Filed 5-19-17; 8:45 am]
BILLING CODE 8011-01-P