Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change by Miami International Securities Exchange, LLC To Amend MIAX Options Rule 524, Reporting of Matched Trades to Clearing Corporation, 32743-32745 [2017-14892]
Download as PDF
Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices
subparagraph (f)(6) of Rule 19b–4
thereunder.16
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: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) 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:
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–Phlx–2017–48 and should
be submitted on or before August 7,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2017–14886 Filed 7–14–17; 8:45 am]
BILLING CODE 8011–01–P
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–
Phlx–2017–48 on the subject line.
asabaliauskas on DSKBBXCHB2PROD 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–Phlx–2017–48. 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
16 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.
VerDate Sep<11>2014
17:45 Jul 14, 2017
Jkt 241001
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81122; File No. SR–MIAX–
2017–32]
Self-Regulatory Organizations; Miami
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change by Miami International
Securities Exchange, LLC To Amend
MIAX Options Rule 524, Reporting of
Matched Trades to Clearing
Corporation
July 11, 2017.
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 28, 2017, Miami International
Securities Exchange, LLC (‘‘MIAX
Options’’ or the ‘‘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 524, Reporting of
PO 00000
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s (b)(1).
2 17 CFR 240.19b–4.
1 15
Frm 00068
Fmt 4703
Sfmt 4703
32743
Matched Trades to Clearing
Corporation.
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.
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 Rule 524, Reporting of
Matched Trades to Clearing
Corporation, to adopt Interpretations
and Policies .01, to state that post-trade
adjustments that do not affect the
contractual terms of a trade are to be
performed by the Exchange Member 3
via an Exchange approved electronic
interface. The Exchange will notify
Members of the approved electronic
interface via Regulatory Circular.
The Exchange staffs a Help Desk 4 to
provide customer service and support to
its Members. One of the support
functions the Help Desk currently
provides is to make certain post-trade
adjustments to a Member’s matched
trades at the Member’s request and on
its behalf. The Exchange has also
developed functionality that it makes
available to all Members that enables
Members to electronically and
independently perform post-trade
adjustments that do not affect the
contractual terms of the transaction to
their side of the matched trade.
3 The term ‘‘Member’’ means an individual or
organization approved to exercise the trading rights
associate with a Trading Permit. Members are
deemed ‘‘members’’ under the Exchange Act. See
Exchange Rule 100.
4 The term ‘‘Help Desk’’ means the Exchange’s
control room consisting of Exchange staff
authorized to make certain trading determinations
on behalf of the Exchange. The Help Desk shall
report to and be supervised by a senior executive
officer of the Exchange. See Exchange Rule 100.
E:\FR\FM\17JYN1.SGM
17JYN1
asabaliauskas on DSKBBXCHB2PROD with NOTICES
32744
Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices
Examples of post-trade adjustments that
do not affect the contractual terms of a
trade include: changing the position
indicator (e.g., from Open to Close or
Close to Open); adding or removing
Clearing Member Trade Agreement
(‘‘CMTA’’) information; changing the
clearing account type (e.g., Customer or
Firm); and modifying the optional data
field, which may be used by Members
for their own internal back-office
processing.
Despite the availability of
functionality for Members to perform
these straightforward post-trade
adjustments on their own, the Help
Desk still receives a significant number
of requests on a daily basis to manually
perform these adjustments. Processing
these requests is a time consuming
exercise for Exchange staff and is an
inefficient use of Exchange time and
resources given that Members have the
ability to perform these adjustments
themselves electronically via an
Exchange provided interface.
Accordingly, the Exchange proposes to
mandate that Members perform their
own post-trade adjustments which do
not affect the contractual terms of a
trade as discussed above, using the
functionality provided by the Exchange.
The Exchange notes that use of the
functionality provided by the Exchange
does not relieve Members of their
obligations to abide by the rules of the
Exchange.5 The Exchange also
represents that it has an adequate
surveillance program in place to review
post-trade adjustments made by its
Members. Additionally, the Exchange
has a Regulatory Services Agreement in
place with the Financial Industry
Regulatory Authority to monitor
adjustments done directly at the
Options Clearing Corporation (‘‘OCC’’)
to ensure compliance with applicable
Exchange rules and such Securities and
Exchange Commission Trading rules
related to options trading. Further, the
Exchange notes that Members may make
post-trade adjustments to trades
executed on the Exchange directly at the
OCC, as the OCC provides functionality
for Members to update certain noncritical trade information with respect to
the transaction, provided such changes
are not in contravention of any rule of
the Exchange on which a confirmed
trade was executed.6
The Exchange notes that other
exchanges offer similar functionality to
their members for post-trade
5 Specifically, the Exchange notes that Members
have an obligation to adhere to Exchange Rule 507,
Must Give Up Clearing Member.
6 See OCC Rules, Chapter IV, Rule 401, Reporting
of Confirmed Trades Effected on Exchanges.
VerDate Sep<11>2014
17:45 Jul 14, 2017
Jkt 241001
adjustments.7 However, these
Exchanges incentivize their members to
perform their own post-trade
adjustments by charging a fee when the
member elects to have the exchange
perform the adjustment on their behalf,
as opposed to mandating usage of an
interface to perform post-trade
adjustments such as the Exchange is
proposing.
2. Statutory Basis
MIAX believes that its proposed rule
change is consistent with Section 6(b) of
the Act 8 in general, and furthers the
objectives of Section 6(b)(5) of the Act 9
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.
The Exchange believes that its
proposal would promote just and
equitable principles of trade and not
unfairly discriminate between Members
because the functionality to make posttrade adjustments is available to all
Members. Further, the Exchange
believes that its proposal would
promote a fair and orderly market and
protect investors and the public interest
because its proposal would result in a
more efficient use of Exchange
resources, which would benefit all
market participants.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change is not designed to
address any competitive issues but
rather to make more efficient use of the
Exchange’s employee time and
resources, which may ultimately benefit
Members.
The Exchange does not believe that
the proposed rule change will impose
any burden on intra-market competition
as the Rules apply equally to all
Exchange Members.
Securities Exchange Act Release Nos. 73585
(November 13, 2014), 79 FR 68927 (November 19,
2014) (SR–NYSEArca–2014–116); and 73542
(November 6, 2014), 79 FR 67496 (November 13,
2014) (SR–NYSEMKT–2014–87).
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
PO 00000
7 See
Frm 00069
Fmt 4703
Sfmt 4703
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days 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 10 and Rule 19b–4(f)(6) 11
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–2017–32 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–2017–32. This file
number should be included on the
10 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.
11 17
E:\FR\FM\17JYN1.SGM
17JYN1
Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices
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–
2017–32, and should be submitted on or
before August 7, 2017.
‘‘Act’’),2 and Rule 19b–4 thereunder,3
notice is hereby given that on June 29,
2017, NYSE MKT LLC (the ‘‘Exchange’’
or ‘‘NYSE MKT’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Jill M. Peterson,
Assistant Secretary.
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of these
statements.
[FR Doc. 2017–14892 Filed 7–14–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
asabaliauskas on DSKBBXCHB2PROD with NOTICES
[Release No. 34–81115; File No. SR–
NYSEMKT–2017–38]
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Exchange
Rules To Eliminate ALO and Day ISO
Orders and Related Functionality,
Provide That All Pegged Orders Would
Be Non-Displayed Orders, Change
References From ‘‘NYSE MKT’’ to
‘‘NYSE American,’’ and Add the
Definition of ‘‘NYSE American
Marketplace’’
July 11, 2017.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Exchange rules to (1) eliminate ALO and
Day ISO orders and related
functionality; (2) provide that all Pegged
Orders would be non-displayed orders;
(3) change references from ‘‘NYSE
MKT’’ to ‘‘NYSE American’’; (4) add the
definition of ‘‘NYSE American
Marketplace’’; and (5) make other
conforming rule changes. The proposed
rule change is available on the
Exchange’s Web site at www.nyse.com,
at the principal office of the Exchange,
and at 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
The Exchange proposes to amend
Exchange rules to (1) eliminate Add
Liquidity Only (‘‘ALO’’) Orders and Day
Intermarket Sweep Orders (‘‘ISO’’) and
related functionality; (2) provide that all
Pegged Orders would be non-displayed
orders; (3) change references from
‘‘NYSE MKT’’ to ‘‘NYSE American’’; (4)
add the definition of ‘‘NYSE American
Marketplace’’; and (5) make other
conforming rule changes.
12 17
2 15
1 15
3 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
VerDate Sep<11>2014
17:45 Jul 14, 2017
Jkt 241001
PO 00000
U.S.C. 78a.
CFR 240.19b–4.
Frm 00070
Fmt 4703
32745
To effect its transition to Pillar, the
Exchange has adopted the rule
numbering framework of the NYSE Arca
Equities, Inc. (‘‘NYSE Arca Equities’’)
rules for Exchange cash equities trading
on the Pillar trading platform.4 As
described in the Framework Filing, the
Exchange is denoting the rules
applicable to cash equities trading on
Pillar with the letter ‘‘E’’ to distinguish
such rules from current Exchange rules
with the same numbering. The
Exchange’s trading rules for cash equity
trading on Pillar are also based on the
trading rules of NYSE Arca Equities.5 As
described in the Trading Rules Filing,
with Pillar, the Exchange will transition
its cash equities trading platform from a
Floor-based market with a parity
allocation model to a fully automated
price-time priority allocation model that
trades all NMS Stocks. In addition, the
Exchange will introduce a delay
mechanism on Pillar that will add the
equivalent of 350 microseconds of
latency to inbound and outbound order
messages, as described in greater detail
in Rules 1.1E(y) and 7.29E(b).6
In the Delay Mechanism Filing, the
Exchange represented that in
conjunction with implementing the
Delay Mechanism, it would no longer
offer ALO or Day ISO functionality and
all Pegged Orders would not be
displayed.7 Because the Exchange has
4 See Securities Exchange Act Release No. 79242
(November 4, 2016), 81 FR 79081 (November 10,
2016) (SR–NYSEMKT–2016–97) (Notice and Filing
of Immediate Effectiveness of Proposed Rule
Change) (the ‘‘Framework Filing’’). In addition, the
Exchange has filed a proposed rule change to
support Exchange trading of securities listed on
other national securities exchanges on an unlisted
trading privileges basis, including Exchange Traded
Products (‘‘ETP’’) listed on other exchanges. See
Securities Exchange Act Release Nos. 79400
(November 25, 2016), 81 FR 86750 (December 1,
2016) (SR–NYSEMKT–2016–103) (Notice) and
81038 (June 28, 2017) (SR–NYSEMKT–2016–103)
(Approval Order) (the ‘‘ETP Listing Rules Filing’’).
5 See Securities Exchange Act Release Nos. 80590
(May 4, 2017), 82 FR 21843 (May 10, 2017)
(Approval Order) and 79993 (February 9, 2017), 82
FR 10814 (February 15, 2017) (SR–NYSEMKT–
2017–01) (Notice) (‘‘Trading Rules Filing’’). The
Exchange also has established market maker
obligations when trading on the Pillar trading
platform. See Securities Exchange Act Release No.
80577 (May 2, 2017), 82 FR 21446 (May 8, 2017)
(SR–NYSEMKT–2017–04) (Approval Order).
6 See Securities Exchange Act Release Nos. 80700
(May 16, 2017), 82 FR 23381 (May 22, 2017) (SR–
NYSEMKT–2017–05) (Approval Order) and 79998
(February 9, 2017), 82 FR 10828 (February 15, 2017)
(SR–NYSEMKT–2017–05) (Notice) (‘‘Delay
Mechanism Filing’’).
7 Rule 7.31E (Orders and Modifiers) currently
describes ALO Orders, Day ISO Orders, and Pegged
Orders. These order types are based on NYSE Arca
Equities ALO, Day ISO, and Pegged Orders,
including that Primary Pegged Orders are required
to have a minimum display quantity. In the Delay
Mechanism Filing, the Exchange represented that,
before implementing the Delay Mechanism, the
Continued
Sfmt 4703
E:\FR\FM\17JYN1.SGM
17JYN1
Agencies
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32743-32745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14892]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81122; File No. SR-MIAX-2017-32]
Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change by Miami International Securities Exchange, LLC To
Amend MIAX Options Rule 524, Reporting of Matched Trades to Clearing
Corporation
July 11, 2017.
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 28, 2017, Miami International Securities
Exchange, LLC (``MIAX Options'' or the ``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 524,
Reporting of Matched Trades to Clearing Corporation.
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.
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 Rule 524, Reporting of
Matched Trades to Clearing Corporation, to adopt Interpretations and
Policies .01, to state that post-trade adjustments that do not affect
the contractual terms of a trade are to be performed by the Exchange
Member \3\ via an Exchange approved electronic interface. The Exchange
will notify Members of the approved electronic interface via Regulatory
Circular.
---------------------------------------------------------------------------
\3\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associate with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
---------------------------------------------------------------------------
The Exchange staffs a Help Desk \4\ to provide customer service and
support to its Members. One of the support functions the Help Desk
currently provides is to make certain post-trade adjustments to a
Member's matched trades at the Member's request and on its behalf. The
Exchange has also developed functionality that it makes available to
all Members that enables Members to electronically and independently
perform post-trade adjustments that do not affect the contractual terms
of the transaction to their side of the matched trade.
[[Page 32744]]
Examples of post-trade adjustments that do not affect the contractual
terms of a trade include: changing the position indicator (e.g., from
Open to Close or Close to Open); adding or removing Clearing Member
Trade Agreement (``CMTA'') information; changing the clearing account
type (e.g., Customer or Firm); and modifying the optional data field,
which may be used by Members for their own internal back-office
processing.
---------------------------------------------------------------------------
\4\ The term ``Help Desk'' means the Exchange's control room
consisting of Exchange staff authorized to make certain trading
determinations on behalf of the Exchange. The Help Desk shall report
to and be supervised by a senior executive officer of the Exchange.
See Exchange Rule 100.
---------------------------------------------------------------------------
Despite the availability of functionality for Members to perform
these straightforward post-trade adjustments on their own, the Help
Desk still receives a significant number of requests on a daily basis
to manually perform these adjustments. Processing these requests is a
time consuming exercise for Exchange staff and is an inefficient use of
Exchange time and resources given that Members have the ability to
perform these adjustments themselves electronically via an Exchange
provided interface. Accordingly, the Exchange proposes to mandate that
Members perform their own post-trade adjustments which do not affect
the contractual terms of a trade as discussed above, using the
functionality provided by the Exchange. The Exchange notes that use of
the functionality provided by the Exchange does not relieve Members of
their obligations to abide by the rules of the Exchange.\5\ The
Exchange also represents that it has an adequate surveillance program
in place to review post-trade adjustments made by its Members.
Additionally, the Exchange has a Regulatory Services Agreement in place
with the Financial Industry Regulatory Authority to monitor adjustments
done directly at the Options Clearing Corporation (``OCC'') to ensure
compliance with applicable Exchange rules and such Securities and
Exchange Commission Trading rules related to options trading. Further,
the Exchange notes that Members may make post-trade adjustments to
trades executed on the Exchange directly at the OCC, as the OCC
provides functionality for Members to update certain non-critical trade
information with respect to the transaction, provided such changes are
not in contravention of any rule of the Exchange on which a confirmed
trade was executed.\6\
---------------------------------------------------------------------------
\5\ Specifically, the Exchange notes that Members have an
obligation to adhere to Exchange Rule 507, Must Give Up Clearing
Member.
\6\ See OCC Rules, Chapter IV, Rule 401, Reporting of Confirmed
Trades Effected on Exchanges.
---------------------------------------------------------------------------
The Exchange notes that other exchanges offer similar functionality
to their members for post-trade adjustments.\7\ However, these
Exchanges incentivize their members to perform their own post-trade
adjustments by charging a fee when the member elects to have the
exchange perform the adjustment on their behalf, as opposed to
mandating usage of an interface to perform post-trade adjustments such
as the Exchange is proposing.
---------------------------------------------------------------------------
\7\ See Securities Exchange Act Release Nos. 73585 (November 13,
2014), 79 FR 68927 (November 19, 2014) (SR-NYSEArca-2014-116); and
73542 (November 6, 2014), 79 FR 67496 (November 13, 2014) (SR-
NYSEMKT-2014-87).
---------------------------------------------------------------------------
2. Statutory Basis
MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \8\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \9\ 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.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that its proposal would promote just and
equitable principles of trade and not unfairly discriminate between
Members because the functionality to make post-trade adjustments is
available to all Members. Further, the Exchange believes that its
proposal would promote a fair and orderly market and protect investors
and the public interest because its proposal would result in a more
efficient use of Exchange resources, which would benefit all market
participants.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is not designed to address any competitive issues but
rather to make more efficient use of the Exchange's employee time and
resources, which may ultimately benefit Members.
The Exchange does not believe that the proposed rule change will
impose any burden on intra-market 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.
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 \10\ and Rule 19b-4(f)(6) \11\
thereunder.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change 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.
---------------------------------------------------------------------------
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-2017-32 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-2017-32. This file
number should be included on the
[[Page 32745]]
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-2017-32, and should be submitted on or before
August 7, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2017-14892 Filed 7-14-17; 8:45 am]
BILLING CODE 8011-01-P