Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 612, Aggregate Risk Manager (“ARM”), 55896-55898 [2017-25355]
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55896
Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / 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. As discussed
above, the proposed change simply
aligns the eligible order size for the
Floor Broker guarantee with that of
another exchange with a trading floor.
As such, the proposed change will allow
the Exchange to compete with other
options exchanges currently offering a
reduced eligible order size with regard
to the Floor Broker guarantee.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
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.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–BOX–2017–33 and should
be submitted on or before December 15,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–25356 Filed 11–22–17; 8:45 am]
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–
BOX–2017–33 on the subject line.
sradovich on DSK3GMQ082PROD with NOTICES
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:
Self-Regulatory Organizations; Miami
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend MIAX Options Rule
612, Aggregate Risk Manager (‘‘ARM’’)
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–BOX–2017–33. This file
number should be included on the
subject line if email is used. To help the
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 November 14, 2017, Miami
International Securities Exchange, LLC
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BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82111; File No. SR–MIAX–
2017–47]
November 17, 2017.
8 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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(‘‘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 612, Aggregate
Risk Manager (‘‘ARM’’).
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
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
Exchange Rule 612, Aggregate Risk
Manager (‘‘ARM’’), subsection (b)(1)
Aggregate Risk Manager, and
Interpretations and Policies .01, to make
non-substantive technical changes to
add additional detail to the rule text, all
existing Exchange functionality
discussed in this proposal will remain
intact.
Exchange Rule 612(b)(1) provides that
the System 3 will engage the Aggregate
Risk Manager in a particular option
class when the counting program has
determined that a Market Maker 4 has
traded during the specified time period
3 The term ‘‘System’’ means the automated
trading system used by the Exchange for the trading
of securities. See Exchange Rule 100.
4 The term ‘‘Market Makers’’ refers to ‘‘Lead
Market Makers’’, ‘‘Primary Lead Market Makers’’
and ‘‘Registered Market Makers’’ collectively. See
Exchange Rule 100.
E:\FR\FM\24NON1.SGM
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Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
a number of contracts equal to or above
their Allowable Engagement
Percentage.5 Further, the rule provides
that the Aggregate Risk Manager will
then automatically remove the Market
Maker’s quotations from the Exchange’s
disseminated quotation in all series of
that particular option class until the
Market Maker sends a notification to the
System of the intent to reengage quoting
and submits a new revised quotation.6
The Exchange proposes to amend the
second sentence of the rule to provide
that, ‘‘[t]he Aggregate Risk Manager will
then automatically remove the Market
Maker’s Standard quotations and Day
eQuotes from the Exchange’s
disseminated quotation . . . .’’
Exchange Rule 100 provides that, ‘‘the
term ‘quote’ or ‘quotation’ means a bid
or offer entered by a Market Maker that
is firm and may update the Market
Maker’s previous quote, if any. The
Rules of the Exchange provide for the
use of different types of quotes,
including Standard quotes and eQuotes,
as more fully described in Rule 517.’’ 7
The Exchange believes that adding
additional detail to the current rule text
to identify which specific types of
quotes are being removed adds clarity
and precision to the rule text.
The Exchange also proposes to amend
Interpretations and Policies .01 to add
additional detail and specificity to the
rule text. Currently, the rule provides
that, ‘‘[t]he System does not include
contracts traded through the use of an
eQuote that is not a Day eQuote in the
counting program for purposes of this
Rule. eQuotes will remain in the System
available for trading when the Aggregate
Risk Manager is engaged.’’ The
Exchange proposes to amend the second
sentence such that it reads, ‘‘eQuotes,
other than Day eQuotes, will remain in
the System available for trading and
may continue to be submitted to the
Exchange when the Aggregate Risk
Manager is engaged.’’ The Exchange
believes that this proposed change more
clearly articulates that eQuotes both (i)
remain in the System, and (ii) may
continue to be submitted to the System
to facilitate trading, while the Aggregate
Risk Manager is engaged. The Exchange
believes the proposed changes add
additional detail and clarity in
describing existing Exchange
functionality.
2. Statutory Basis
The Exchange believes that its
proposed rule change is consistent with
5 See
Exchange Rule 612(b)(2).
Exchange Rule 612(b)(1).
7 See Exchange Rule 100.
6 See
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Jkt 244001
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
regulating, clearing, settling, processing
information with respect to, and
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
changes promote just and equitable
principles of trade, remove
impediments to and perfect the
mechanism of a free and open market
and a national market system because
they provide additional detail and
clarity concerning how Day eQuotes and
eQuotes are handled when the
Aggregate Risk Manager is engaged.
Clarifying that eQuotes remain in the
System available for trading and may
continue to be submitted to the
Exchange while the Aggregate Risk
Manager is engaged benefits Members
and investors by providing increased
transparency of Exchange functionality.
The Exchange notes that the proposed
changes are non-substantive and do not
affect current Exchange functionality in
any way.
The Exchange believes the proposed
changes promote just and equitable
principles of trade, remove
impediments to and perfect the
mechanism of a free and open market
and a national market system because
they seek to improve the accuracy of the
Exchange’s rules. In particular, the
Exchange believes that including
additional detail describing existing
Exchange functionality in the
Exchange’s rules will provide greater
clarity to Members 10 and the public
regarding the Exchange’s Rules, and 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
8 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
10 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.
9 15
PO 00000
Frm 00099
Fmt 4703
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55897
proposed rule changes are not designed
to address any competitive issues but
rather are designed to add additional
clarity and detail to the Exchange’s
rules.
The Exchange does not believe that
the proposed rule changes will impose
any burden on inter-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 11 and Rule 19b–4(f)(6) 12
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
11 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.
12 17
E:\FR\FM\24NON1.SGM
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55898
Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
MIAX–2017–47 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–2017–47. 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.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–MIAX–2017–47 and should
be submitted on or before December 15,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Eduardo A. Aleman,
Assistant Secretary.
sradovich on DSK3GMQ082PROD with NOTICES
[FR Doc. 2017–25355 Filed 11–22–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82116; File No. SR–
NYSEArca–2017–131]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change To List and Trade Shares
of the Sprott Physical Gold and Silver
Trust Under NYSE Arca Rule 8.201–E
November 17, 2017.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on
November 9, 2017, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to list and
trade shares of the following under
NYSE Arca Rule 8.201–E: Sprott
Physical Gold and Silver Trust
(‘‘Trust’’). The proposed 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
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Under NYSE Arca Rule 8.201–E, the
Exchange may propose to list and/or
1 15
U.S.C.78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
13 17
CFR 200.30–3(a)(12).
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trade pursuant to unlisted trading
privileges (‘‘UTP’’), ‘‘Commodity-Based
Trust Shares.’’ 4 The Exchange proposes
to list and trade shares of the Trust
pursuant to NYSE Arca Rule 8.201–E,
defined herein and in the Proxy Circular
(defined below) as ‘‘Units.’’ The Units
will be issued in connection with a plan
of arrangement under the Alberta
Business Corporations Act
(‘‘Arrangement’’) involving Sprott Inc.
(‘‘Sprott’’), the Trust, Central Fund of
Canada Limited (‘‘CFCL’’) and its
shareholders, The Central Group Alberta
Ltd. (‘‘CGAL’’) and its shareholders and
2070140 Alberta Ltd. (‘‘2070140’’) as
described in ‘‘Description of the
Arrangement’’ below.
Sprott Asset Management LP will be
the sponsor and manager of the Trust
(‘‘Manager’’).5 RBC Investor Services
Trust (‘‘RBC’’) will be the trustee and
valuation agent of the Trust (‘‘Trustee’’
or ‘‘Valuation Agent,’’ as the case may
be) 6 and the custodian of the Trust’s
assets other than physical gold and
silver bullion (‘‘Non-Gold and Silver
Custodian’’).7 The Trust will appoint a
4 Commodity-Based Trust Shares are securities
issued by a trust that represent investors’ discrete
identifiable and undivided beneficial ownership
interest in the commodities deposited into the
Trust.
5 The Manager is a limited partnership formed
and organized under the laws of the Province of
Ontario, Canada, and acts as manager of the Trust
pursuant to the trust agreement and the
management agreement. The Manager will be
responsible for the day-to-day activities and
administration of the Trust. The Manager will
manage and direct the business and affairs of the
Trust. Additional details regarding the Manager are
set forth in the Proxy Circular. The Manager has
adopted a policy pursuant to which any entity or
account that is: (a) Managed; or (b) for whom
investment decisions are made, directly or
indirectly, by a person that is involved in the
decision-making process of, or has non-public
information about, follow-on offerings of the Trust
is prohibited from investing in the Trust, and no
such decision-making person is permitted to invest
in the Trust for that decision-making person’s
benefit, directly or indirectly.
6 RBC is a trust company existing under the laws
of Canada. RBC is affiliated with a broker-dealer.
RBC will represent to the Exchange that it has put
in place and will maintain the appropriate
information barriers and controls between itself and
the broker-dealer affiliate so that the broker-dealer
affiliate will not have access to information
concerning the composition and/or changes to the
Trust’s holdings that are not available on the Trust’s
Web site. The Trustee will hold title to the Trust’s
assets on behalf of the unitholders of the Trust
(‘‘Unitholders’’) and will have exclusive authority
over the assets and affairs of the Trust. The Trustee
has a fiduciary responsibility to act in the best
interest of the Unitholders. Additional details
regarding the Trustee are set forth in the Proxy
Circular.
7 According to the Proxy Circular, the Non-Gold
and Silver Custodian will be responsible for the
safekeeping of all of the assets of the Trust
delivered to it and will act as the custodian of such
assets. The Manager, in accordance with applicable
law and with the consent of the Trustee, will have
the authority to change the custodial arrangement
E:\FR\FM\24NON1.SGM
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Agencies
[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55896-55898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25355]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82111; File No. SR-MIAX-2017-47]
Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend MIAX Options Rule 612, Aggregate Risk
Manager (``ARM'')
November 17, 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 November 14, 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 612,
Aggregate Risk Manager (``ARM'').
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
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Exchange Rule 612, Aggregate Risk
Manager (``ARM''), subsection (b)(1) Aggregate Risk Manager, and
Interpretations and Policies .01, to make non-substantive technical
changes to add additional detail to the rule text, all existing
Exchange functionality discussed in this proposal will remain intact.
Exchange Rule 612(b)(1) provides that the System \3\ will engage
the Aggregate Risk Manager in a particular option class when the
counting program has determined that a Market Maker \4\ has traded
during the specified time period
[[Page 55897]]
a number of contracts equal to or above their Allowable Engagement
Percentage.\5\ Further, the rule provides that the Aggregate Risk
Manager will then automatically remove the Market Maker's quotations
from the Exchange's disseminated quotation in all series of that
particular option class until the Market Maker sends a notification to
the System of the intent to reengage quoting and submits a new revised
quotation.\6\
---------------------------------------------------------------------------
\3\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
\4\ The term ``Market Makers'' refers to ``Lead Market Makers'',
``Primary Lead Market Makers'' and ``Registered Market Makers''
collectively. See Exchange Rule 100.
\5\ See Exchange Rule 612(b)(2).
\6\ See Exchange Rule 612(b)(1).
---------------------------------------------------------------------------
The Exchange proposes to amend the second sentence of the rule to
provide that, ``[t]he Aggregate Risk Manager will then automatically
remove the Market Maker's Standard quotations and Day eQuotes from the
Exchange's disseminated quotation . . . .'' Exchange Rule 100 provides
that, ``the term `quote' or `quotation' means a bid or offer entered by
a Market Maker that is firm and may update the Market Maker's previous
quote, if any. The Rules of the Exchange provide for the use of
different types of quotes, including Standard quotes and eQuotes, as
more fully described in Rule 517.'' \7\ The Exchange believes that
adding additional detail to the current rule text to identify which
specific types of quotes are being removed adds clarity and precision
to the rule text.
---------------------------------------------------------------------------
\7\ See Exchange Rule 100.
---------------------------------------------------------------------------
The Exchange also proposes to amend Interpretations and Policies
.01 to add additional detail and specificity to the rule text.
Currently, the rule provides that, ``[t]he System does not include
contracts traded through the use of an eQuote that is not a Day eQuote
in the counting program for purposes of this Rule. eQuotes will remain
in the System available for trading when the Aggregate Risk Manager is
engaged.'' The Exchange proposes to amend the second sentence such that
it reads, ``eQuotes, other than Day eQuotes, will remain in the System
available for trading and may continue to be submitted to the Exchange
when the Aggregate Risk Manager is engaged.'' The Exchange believes
that this proposed change more clearly articulates that eQuotes both
(i) remain in the System, and (ii) may continue to be submitted to the
System to facilitate trading, while the Aggregate Risk Manager is
engaged. The Exchange believes the proposed changes add additional
detail and clarity in describing existing Exchange functionality.
2. Statutory Basis
The Exchange 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 regulating,
clearing, settling, processing information with respect to, and
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 the proposed changes promote just and
equitable principles of trade, remove impediments to and perfect the
mechanism of a free and open market and a national market system
because they provide additional detail and clarity concerning how Day
eQuotes and eQuotes are handled when the Aggregate Risk Manager is
engaged. Clarifying that eQuotes remain in the System available for
trading and may continue to be submitted to the Exchange while the
Aggregate Risk Manager is engaged benefits Members and investors by
providing increased transparency of Exchange functionality. The
Exchange notes that the proposed changes are non-substantive and do not
affect current Exchange functionality in any way.
The Exchange believes the proposed changes promote just and
equitable principles of trade, remove impediments to and perfect the
mechanism of a free and open market and a national market system
because they seek to improve the accuracy of the Exchange's rules. In
particular, the Exchange believes that including additional detail
describing existing Exchange functionality in the Exchange's rules will
provide greater clarity to Members \10\ and the public regarding the
Exchange's Rules, and 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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\10\ 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 changes
are not designed to address any competitive issues but rather are
designed to add additional clarity and detail to the Exchange's rules.
The Exchange does not believe that the proposed rule changes will
impose any burden on inter-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 \11\ and Rule 19b-4(f)(6) \12\
thereunder.
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 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
[[Page 55898]]
Send an email to rule-comments@sec.gov. Please include
File Number SR-MIAX-2017-47 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-2017-47. 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. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2017-47 and should be
submitted on or before December 15, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25355 Filed 11-22-17; 8:45 am]
BILLING CODE 8011-01-P