Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 518, Complex Orders and Rule 519A, Risk Protection Monitor, 68387-68390 [2020-23797]
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Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices
Accordingly, the Commission hereby
waives the operative delay and
designates the proposed rule change
operative upon filing.11
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
change should be approved or
disapproved.
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–ISE–2020–33, and should
be submitted on or before November 18,
2020.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
J. Matthew DeLesDernier,
Assistant Secretary.
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–
ISE–2020–33 on the subject line.
SECURITIES AND EXCHANGE
COMMISSION
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–ISE–2020–33. 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 website (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 website viewing and
printing in the Commission’s Public
11 For purposes only of waiving the 30-day
operative delay, the Commission also has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
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[FR Doc. 2020–23802 Filed 10–27–20; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–90251; File No. SR–MIAX–
2020–33]
Self-Regulatory Organizations; Miami
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend Exchange Rule 518,
Complex Orders and Rule 519A, Risk
Protection Monitor
October 22, 2020.
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 October
8, 2020, Miami International Securities
Exchange, LLC (‘‘MIAX Options’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the 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 518, Complex
Orders; and Rule 519A, Risk Protection
Monitor.
12 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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68387
The text of the proposed rule change
is available on the Exchange’s website at
https://www.miaxoptions.com/rulefilings/ at MIAX Options’ 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 518 and Exchange Rule
519A to facilitate the use of Related
Futures Cross (‘‘RFC’’) orders on the
Exchange. The Exchange recently
adopted the RFC order type for trading
on the Exchange.3 RFC orders provide
market participants with the ability to
exchange SPIKES options positions with
corresponding futures positions, or to
exchange corresponding futures
positions with SPIKES options
positions.4
Specifically, the Exchange proposes to
amend Policy .05(e)(1)(iii) of Rule 518,
entitled, Wide Market Condition 5 and
cPRIME,6 cC2C,7 and cQCC 8 Orders, to
3 See Securities Exchange Act Release No. 89213
(July 1, 2020), 85 FR 41077 (July 8, 2020) (SR–
MIAX–2020–11).
4 See Policy .08 of Exchange Rule 518.
5 A ‘‘wide market condition’’ is defined as any
individual option component of a complex strategy
having, at the time of evaluation, an MBBO quote
width that is wider than the permissible valid quote
width as defined in Rule 603(b)(4). See Policy
.05(e)(1) of Exchange Rule 518.
6 A Complex PRIME or ‘‘cPRIME’’ Order is a
complex order (as defined in Rule 518(a)(5)) that is
submitted for participation in a cPRIME Auction.
Trading of cPRIME Orders is governed by Rule
515A, Interpretations and Policies .12. See
Exchange Rule 518(b)(7).
7 A Complex Customer Cross or ‘‘cC2C’’ Order is
comprised of one Priority Customer complex order
to buy and one Priority Customer complex order to
sell at the same price and for the same quantity.
Trading of cC2C Orders is governed by Rule
515(h)(3). See Exchange Rule 518(b)(5).
8 A Complex Qualified Contingent Cross or
‘‘cQCC’’ Order is comprised of an originating
complex order to buy or sell where each component
Continued
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facilitate the trading of RFC orders on
the Exchange during wide market
conditions. Currently, during free
trading, if a wide market condition
exists for a component of a complex
strategy, trading in the complex strategy
will be suspended.9 Similarly, if a wide
market condition exists for a component
of a complex strategy following a
Complex Auction,10 trading in the
complex strategy will be suspended.11
cPRIME Orders, cC2C Orders, and cQCC
Orders are currently excluded from this
protection during wide market
conditions, and the trading and
processing of these orders will continue
during wide market conditions.12
Specifically, current Policy
.05(e)(1)(iii) provides that a wide market
condition shall have no impact on the
trading of cPRIME Orders and
processing of cPRIME Auctions
(including the processing of cPRIME
Auction responses) pursuant to Rule
515A, Interpretations and Policies .12,
or on the trading of cC2C and cQCC
Orders pursuant to Rules 515(h)(3) and
(4). Such trading and processing will
not be suspended and will continue
during wide market conditions.
The Exchange is proposing to also
exclude RFC orders from this current
trade protection provision related to
wide market conditions. The Exchange
proposes to amend Policy .05(e)(1)(iii)
of Rule 518 to rename the title of the
provision to, Wide Market Condition
and cPRIME, cC2C, cQCC and RFC
Orders. The Exchange also proposes to
amend the text of the provision to
provide that a wide market condition
shall have no impact on the trading of
cPRIME Orders and processing of
cPRIME Auctions (including the
processing of cPRIME Auction
responses) pursuant to Rule 515A,
Policy .12, or on the trading of cC2C,
cQCC, or RFC Orders pursuant to Rules
515(h)(3) and (4), and Policy .08 of this
Rule respectively. Such trading and
processing will not be suspended and
will continue during wide market
conditions.
The Exchange also proposes to amend
Policy .02, .02(a), and .02(b) of Rule
519A, to make RFC orders eligible to
participate in certain Risk Protection
is at least 1,000 contracts that is identified as being
part of a qualified contingent trade, as defined in
Rule 516, Interpretations and Policies .01, coupled
with a contra-side complex order or orders totaling
an equal number of contracts. Trading of cQCC
Orders is governed by Rule 515(h)(4). See Exchange
Rule 518(b)(6).
9 See Policy .05(e)(1)(i) of Exchange Rule 518.
10 A ‘‘Complex Auction’’ is an auction of a
complex order as set forth in Exchange Rule 518(d).
See Exchange Rule 518(a)(3).
11 See Policy .05(e)(1)(ii) of Exchange Rule 518.
12 See Policy .05(e)(1)(iii) of Exchange Rule 518.
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Monitor functionality. Currently, the
MIAX System 13 will maintain a
counting program (‘‘counting program’’)
for each participating Member 14 that
will count the number of orders entered
and the number of contracts traded via
an order entered by a Member on the
Exchange within a specified time period
that has been established by the Member
(the ‘‘specified time period’’). The
maximum duration of the specified time
period will be established by the
Exchange and announced via a
Regulatory Circular.15 The Risk
Protection Monitor maintains one or
more Member-configurable Allowable
Order Rate 16 settings and Allowable
Contract Execution Rate settings. When
a Member’s order is entered or when an
execution of a Member’s order occurs,
the System will look back over the
specified time period to determine if the
Member has: (i) Entered during the
specified time period a number of
orders exceeding their Allowable Order
Rate setting(s), or (ii) executed during
the specified time period a number of
contracts exceeding their Allowable
Contract Execution Rate setting(s). Once
engaged, the Risk Protection Monitor
will then, as determined by the Member:
Automatically either (A) prevent the
System from receiving any new orders
in all series in all classes from the
Member; (B) prevent the System from
receiving any new orders in all series in
all classes from the Member and cancel
all existing orders with a time-in-force
of Day in all series in all classes from
the Member; or (C) send a notification
to the Member without any further
preventative or cancellation action by
the System. When engaged, the Risk
Protection Monitor will still allow the
Member to interact with existing orders
entered prior to exceeding the
Allowable Order Rate setting or the
Allowable Contract Execution Rate
setting, including sending cancel order
messages and receiving trade executions
from those orders. The Risk Protection
13 The term ‘‘System’’ means the automated
trading system used by the Exchange for the trading
of securities. See Exchange Rule 100.
14 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.
15 The Exchange has established a maximum
duration of ten seconds. See MIAX Regulatory
Circular 2016–57, Corresponding Specified Time
Period for RPM Rate Settings (October 31, 2016)
available at https://www.miaxoptions.com/sites/
default/files/circular-files/MIAX_RC_2016_57.pdf.
16 Members must establish at least one Allowable
Order Rate setting, with a corresponding specified
time period of not less than one second, and not
to exceed ten seconds, as established by the
Exchange and communicated to Members via
Regulatory Circular. See Exchange Rule 519A(b).
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Monitor shall remain engaged until the
Member communicates with the Help
Desk 17 to enable the acceptance of new
orders.18
Under current Policy .02 of Rule
519A, PRIME Orders,19 cPRIME Orders,
QCC Orders,20 cQCC Orders, Customer
Cross Orders,21 cC2C Orders, and
PRIME Solicitation Orders will each be
counted as two orders for the purposes
of calculating the Allowable Order
Rate.22
The Exchange now proposes to amend
Policy .02 to allow RFC orders to be
included in the counting program by
amending the text to provide that,
PRIME Orders, cPRIME Orders, PRIME
Solicitation Orders, QCC Orders, cQCC
Orders, Customer Cross Orders, cC2C
Orders, RFC Orders, and GTC Orders
participate in the Risk Protection
Monitor as follows:
(a) The System includes PRIME
Orders, cPRIME Orders, PRIME
Solicitation Orders, QCC Orders, cQCC
Orders, Customer Cross Orders, cC2C
Orders, RFC Orders, and GTC Orders in
the counting program for purposes of
this Rule;
(b) PRIME Orders, cPRIME Orders,
PRIME Solicitation Orders, QCC Orders,
cQCC Orders, Customer Cross Orders,
cC2C Orders, and RFC Orders will each
be counted as two orders for the
purpose of calculating the Allowable
Order Rate.
The Exchange believes that treating
RFC orders similarly to other paired
order types for purposes of the counting
program will instill confidence in
Members that an unusually high
number of orders submitted within a
17 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.
18 See Exchange Rule 519A(a).
19 PRIME is a process by which a Member may
electronically submit for execution (‘‘Auction’’) an
order it represents as agent (‘‘Agency Order’’)
against principal interest, and/or an Agency Order
against solicited interest. See Exchange Rule
515A(a).
20 A Qualified Contingent Cross Order is
comprised of an originating order to buy or sell at
least 1,000 contracts, or 10,000 mini-option
contracts, that is identified as being part of a
qualified contingent trade, as that term is defined
in Interpretations and Policies .01 of Rule 516,
coupled with a contra-side order or orders totaling
an equal number of contracts. A Qualified
Contingent Cross Order is not valid during the
opening rotation process described in Rule 503. See
Exchange Rule 516(j).
21 A Customer Cross Order is comprised of a
Priority Customer Order to buy and a Priority
Customer Order to sell at the same price and for the
same quantity. A Customer Cross Order is not valid
during the opening rotation process described in
Rule 503. See Exchange Rule 516(i).
22 See Policy .02(b) of Exchange Rule 519A.
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Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices
specified time period will be accurately
counted in regards to the possible
engagement of the Risk Protection
Monitor to prevent additional orders
from being transmitted to the Exchange.
2. Statutory Basis
MIAX believes that its proposed rule
change is consistent with Section 6(b) of
the Act 23 in general, and furthers the
objectives of Section 6(b)(5) of the Act 24
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’s proposal to exclude
RFC orders from the wide market
condition trade protection promotes just
and equitable principles of trade,
removes impediments to and perfects
the mechanism of a free and open
market and a national market system
and in general, protects investors and
the public interest. Allowing RFC orders
to continue to trade during wide market
conditions is consistent with the
Exchange’s treatment of other paired
order types such as cPRIME, cC2C, and
cQCC orders. cPRIME Orders, cC2C
Orders, and cQCC Orders are all
received with either a paired Agency
Order (in the case of a PRIME and
cPRIME Orders) or a contra-side order
or orders. cPRIME and cC2C orders are
received with an execution price at least
$0.01 better than (inside) the icMBBO 25
price or the best net price of a complex
order on the Strategy Book,26 whichever
is more aggressive. cQCC Orders are
received with an execution price that (i)
is not at the same price as a Priority
Customer Order 27 on the Exchange’s
23 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
25 The Implied Complex MIAX Best Bid or Offer
(‘‘icMBBO’’) is a calculation that uses the best price
from the Simple Order Book for each component of
a complex strategy including displayed and nondisplayed trading interest. See Exchange Rule
518(a)(11). The ‘‘Simple Order Book’’ is the
Exchange’s regular electronic book of orders and
quotes. See Exchange Rule 518(a)(15).
26 The ‘‘Strategy Book’’ is the Exchange’s
electronic book of complex orders and complex
quotes. See Exchange Rule 518(a)(17).
27 The term ‘‘Priority Customer’’ means a person
or entity that (i) is not a broker or dealer in
securities, and (ii) does not place more than 390
orders in listed options per day on average during
a calendar month for its own beneficial account(s).
The number of orders shall be counted in
accordance with the following Interpretation and
Policy .01 hereto. See Exchange Rule 100.
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24 15
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Book; 28 and (ii) is at or between the
NBBO.29 An RFC order is comprised of
a SPIKES options combo coupled with
a contra-side order or orders totaling an
equal number of SPIKES option combo
orders, which is identified to the
Exchange as being part of an exchange
of option contracts for related futures
positions.30 In order to execute an RFC
order an EEM 31 must submit the RFC
order to the System, which may execute
automatically without exposure.32 An
EEM may execute an RFC order
pursuant to the previous statement only
if: (i) Each option leg executes at a price
that complies with Exchange Rule
518(c), provided that no option leg
executes at the same price as a Priority
Customer Order in the Simple Book; 33
(ii) each option leg executes at a price
at or between the NBBO for the
applicable series; and (iii) the execution
price is better than the price of any
complex order resting in the Strategy
Book, unless the RFC order is a Priority
Customer Order and the resting complex
order is a non-Priority Customer Order,
in which case the execution price may
the same as or better than the price of
the resting complex order. The System
cancels an RFC order it if cannot
execute.34 Therefore, these order types,
all of which consist of paired orders
with execution price requirements, are
not affected by wide market conditions
because they may only be executed at or
inside of their obligatory prices, and as
such are appropriately excluded from
this trade protection feature.
The Exchange’s proposal to include
RFC orders in the Exchange’s Risk
Protection Monitor promotes just and
equitable principles of trade, removes
impediments to and perfects the
mechanism of a free and open market
and a national market system and, in
general, protects investors and the
public interest by treating RFC orders
similarly to other paired orders for
purposes of the Risk Protection Monitor
counting program.
28 The term ‘‘Book’’ means the electronic book of
buy and sell orders and quotes maintained by the
System. See Exchange Rule 100.
29 See Exchange Rule 515(h)(4). The term
‘‘NBBO’’ means the national best bid or offer as
calculated by the Exchange based on market
information received by the Exchange from the
appropriate Securities Information Processor
(‘‘SIP’’) See Exchange Rule 518(a)(14).
30 See Policy .08(a) of Exchange Rule 518.
31 The term ‘‘Electronic Exchange Member’’ or
‘‘EEM’’ means the holder of a Trading Permit who
is not a Market Maker. Electronic Exchange
Members are deemed ‘‘members’’ under the
Exchange Act. See Exchange Rule 100.
32 See Policy .08(a)(1) of Exchange Rule 518.
33 The ‘‘Simple Order Book’’ is the Exchange’s
regular electronic book of orders and quotes. See
Exchange Rule 518(a)(15).
34 See Policy .08(a)(2) of Exchange Rule 518.
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68389
The Exchange’s proposal to add RFC
orders to the list of order types to which
Policy .02 and .02(a) of Rule 519A
applies; and to the list of order types to
be counted as two orders for purposes
of calculating the Allowable Order Rate
in Policy .02(b) of Rule 519A, perfects
the mechanisms of a free and open
market and a national market system by
assisting investors in managing their
acceptable risk levels respecting open
orders. The submission of a single
message into the System for the
execution of a paired order type is a
submission representing two orders, and
the Risk Protection Monitor counts them
as such for purposes of calculating the
Allowable Order Rate. Participants thus
will know that their single message for
these order types represents two orders
for purposes of the counting system and
may determine their appropriate risk
tolerance parameters accordingly.
The Exchange believes that the
proposed amendments to its trade
protection rules should instill
additional confidence in Members that
submit orders to the Exchange that their
risk tolerance levels are protected, and
thus should encourage such Members to
submit additional order flow and
liquidity to the Exchange with the
understanding that they retain necessary
protections and avoid unnecessary
protections with respect to all orders
they submit to the Exchange, including
complex orders, thereby removing
impediments to and perfecting the
mechanisms of a free and open market
and a national market system and, in
general, protecting investors and the
public interest
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 Exchange believes its proposal
will promote intra-market competition
by ensuring that RFC orders are eligible
to trade during wide market conditions,
similar to other paired order types.
Additionally, including RFC orders in
certain trade protections available on
the Exchange enables MIAX Options
participants to submit more orders to
the Exchange knowing that risk
protection measures are in place. The
proposal applies equally to all market
participants and should benefit intramarket competition accordingly.
The Exchange’s proposal is limited to
transactions involving a Proprietary
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Product 35 of the Exchange, and
therefore has no impact on inter-market
competition.
For all the reasons stated, the
Exchange does not believe that the
proposed rule change will impose any
burden on competition not necessary or
appropriate in furtherance of the
purposes of the Act, and believes the
proposed change will in fact enhance
competition.
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 36 and Rule 19b–4(f)(6) 37
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:
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35 The
term ‘‘Proprietary Product’’ means a class
of options that is listed exclusively on the Exchange
and any of its affiliates. See Exchange Rule 100.
36 15 U.S.C. 78s(b)(3)(A).
37 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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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–2020–33 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–2020–33. 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 website (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 website 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
offices 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–2020–33, and
should be submitted on or before
November 18, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.38
J. Matthew DeLesDernier,
Assistant Secretary.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–90253; File No. SR–
CboeEDGX–2020–050]
Self-Regulatory Organizations; Cboe
EDGX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Extend the
Pilot Programs in Connection With the
Listing and Trading of P.M.-Settled
Series on Certain Broad-Based Index
Options
October 22, 2020.
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 October
13, 2020, Cboe EDGX Exchange, Inc.
(the ‘‘Exchange’’ or ‘‘EDGX Options’’)
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 Exchange. The
Exchange filed the proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of
the Act 3 and Rule 19b–4(f)(6)
thereunder.4 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
Cboe EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX Options’’)
proposes to extend the pilot programs in
connection with the listing and trading
of P.M.-settled series on certain broadbased index options. The text of the
proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
options/regulation/rule_filings/edgx/),
at the Exchange’s Office of the
Secretary, 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
[FR Doc. 2020–23797 Filed 10–27–20; 8:45 am]
1 15
BILLING CODE 8011–01–P
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
2 17
38 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00106
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E:\FR\FM\28OCN1.SGM
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Agencies
[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68387-68390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23797]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-90251; File No. SR-MIAX-2020-33]
Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Exchange Rule 518, Complex Orders and
Rule 519A, Risk Protection Monitor
October 22, 2020.
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 October 8, 2020, Miami International Securities Exchange, LLC
(``MIAX Options'' or the ``Exchange'') filed with the Securities and
Exchange Commission (``SEC'' or ``Commission'') the 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.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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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 518,
Complex Orders; and Rule 519A, Risk Protection Monitor.
The text of the proposed rule change is available on the Exchange's
website at https://www.miaxoptions.com/rule-filings/ at MIAX Options'
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 518 and Exchange Rule
519A to facilitate the use of Related Futures Cross (``RFC'') orders on
the Exchange. The Exchange recently adopted the RFC order type for
trading on the Exchange.\3\ RFC orders provide market participants with
the ability to exchange SPIKES options positions with corresponding
futures positions, or to exchange corresponding futures positions with
SPIKES options positions.\4\
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\3\ See Securities Exchange Act Release No. 89213 (July 1,
2020), 85 FR 41077 (July 8, 2020) (SR-MIAX-2020-11).
\4\ See Policy .08 of Exchange Rule 518.
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Specifically, the Exchange proposes to amend Policy .05(e)(1)(iii)
of Rule 518, entitled, Wide Market Condition \5\ and cPRIME,\6\
cC2C,\7\ and cQCC \8\ Orders, to
[[Page 68388]]
facilitate the trading of RFC orders on the Exchange during wide market
conditions. Currently, during free trading, if a wide market condition
exists for a component of a complex strategy, trading in the complex
strategy will be suspended.\9\ Similarly, if a wide market condition
exists for a component of a complex strategy following a Complex
Auction,\10\ trading in the complex strategy will be suspended.\11\
cPRIME Orders, cC2C Orders, and cQCC Orders are currently excluded from
this protection during wide market conditions, and the trading and
processing of these orders will continue during wide market
conditions.\12\
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\5\ A ``wide market condition'' is defined as any individual
option component of a complex strategy having, at the time of
evaluation, an MBBO quote width that is wider than the permissible
valid quote width as defined in Rule 603(b)(4). See Policy .05(e)(1)
of Exchange Rule 518.
\6\ A Complex PRIME or ``cPRIME'' Order is a complex order (as
defined in Rule 518(a)(5)) that is submitted for participation in a
cPRIME Auction. Trading of cPRIME Orders is governed by Rule 515A,
Interpretations and Policies .12. See Exchange Rule 518(b)(7).
\7\ A Complex Customer Cross or ``cC2C'' Order is comprised of
one Priority Customer complex order to buy and one Priority Customer
complex order to sell at the same price and for the same quantity.
Trading of cC2C Orders is governed by Rule 515(h)(3). See Exchange
Rule 518(b)(5).
\8\ A Complex Qualified Contingent Cross or ``cQCC'' Order is
comprised of an originating complex order to buy or sell where each
component is at least 1,000 contracts that is identified as being
part of a qualified contingent trade, as defined in Rule 516,
Interpretations and Policies .01, coupled with a contra-side complex
order or orders totaling an equal number of contracts. Trading of
cQCC Orders is governed by Rule 515(h)(4). See Exchange Rule
518(b)(6).
\9\ See Policy .05(e)(1)(i) of Exchange Rule 518.
\10\ A ``Complex Auction'' is an auction of a complex order as
set forth in Exchange Rule 518(d). See Exchange Rule 518(a)(3).
\11\ See Policy .05(e)(1)(ii) of Exchange Rule 518.
\12\ See Policy .05(e)(1)(iii) of Exchange Rule 518.
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Specifically, current Policy .05(e)(1)(iii) provides that a wide
market condition shall have no impact on the trading of cPRIME Orders
and processing of cPRIME Auctions (including the processing of cPRIME
Auction responses) pursuant to Rule 515A, Interpretations and Policies
.12, or on the trading of cC2C and cQCC Orders pursuant to Rules
515(h)(3) and (4). Such trading and processing will not be suspended
and will continue during wide market conditions.
The Exchange is proposing to also exclude RFC orders from this
current trade protection provision related to wide market conditions.
The Exchange proposes to amend Policy .05(e)(1)(iii) of Rule 518 to
rename the title of the provision to, Wide Market Condition and cPRIME,
cC2C, cQCC and RFC Orders. The Exchange also proposes to amend the text
of the provision to provide that a wide market condition shall have no
impact on the trading of cPRIME Orders and processing of cPRIME
Auctions (including the processing of cPRIME Auction responses)
pursuant to Rule 515A, Policy .12, or on the trading of cC2C, cQCC, or
RFC Orders pursuant to Rules 515(h)(3) and (4), and Policy .08 of this
Rule respectively. Such trading and processing will not be suspended
and will continue during wide market conditions.
The Exchange also proposes to amend Policy .02, .02(a), and .02(b)
of Rule 519A, to make RFC orders eligible to participate in certain
Risk Protection Monitor functionality. Currently, the MIAX System \13\
will maintain a counting program (``counting program'') for each
participating Member \14\ that will count the number of orders entered
and the number of contracts traded via an order entered by a Member on
the Exchange within a specified time period that has been established
by the Member (the ``specified time period''). The maximum duration of
the specified time period will be established by the Exchange and
announced via a Regulatory Circular.\15\ The Risk Protection Monitor
maintains one or more Member-configurable Allowable Order Rate \16\
settings and Allowable Contract Execution Rate settings. When a
Member's order is entered or when an execution of a Member's order
occurs, the System will look back over the specified time period to
determine if the Member has: (i) Entered during the specified time
period a number of orders exceeding their Allowable Order Rate
setting(s), or (ii) executed during the specified time period a number
of contracts exceeding their Allowable Contract Execution Rate
setting(s). Once engaged, the Risk Protection Monitor will then, as
determined by the Member: Automatically either (A) prevent the System
from receiving any new orders in all series in all classes from the
Member; (B) prevent the System from receiving any new orders in all
series in all classes from the Member and cancel all existing orders
with a time-in-force of Day in all series in all classes from the
Member; or (C) send a notification to the Member without any further
preventative or cancellation action by the System. When engaged, the
Risk Protection Monitor will still allow the Member to interact with
existing orders entered prior to exceeding the Allowable Order Rate
setting or the Allowable Contract Execution Rate setting, including
sending cancel order messages and receiving trade executions from those
orders. The Risk Protection Monitor shall remain engaged until the
Member communicates with the Help Desk \17\ to enable the acceptance of
new orders.\18\
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\13\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
\14\ 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.
\15\ The Exchange has established a maximum duration of ten
seconds. See MIAX Regulatory Circular 2016-57, Corresponding
Specified Time Period for RPM Rate Settings (October 31, 2016)
available at https://www.miaxoptions.com/sites/default/files/circular-files/MIAX_RC_2016_57.pdf.
\16\ Members must establish at least one Allowable Order Rate
setting, with a corresponding specified time period of not less than
one second, and not to exceed ten seconds, as established by the
Exchange and communicated to Members via Regulatory Circular. See
Exchange Rule 519A(b).
\17\ 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.
\18\ See Exchange Rule 519A(a).
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Under current Policy .02 of Rule 519A, PRIME Orders,\19\ cPRIME
Orders, QCC Orders,\20\ cQCC Orders, Customer Cross Orders,\21\ cC2C
Orders, and PRIME Solicitation Orders will each be counted as two
orders for the purposes of calculating the Allowable Order Rate.\22\
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\19\ PRIME is a process by which a Member may electronically
submit for execution (``Auction'') an order it represents as agent
(``Agency Order'') against principal interest, and/or an Agency
Order against solicited interest. See Exchange Rule 515A(a).
\20\ A Qualified Contingent Cross Order is comprised of an
originating order to buy or sell at least 1,000 contracts, or 10,000
mini-option contracts, that is identified as being part of a
qualified contingent trade, as that term is defined in
Interpretations and Policies .01 of Rule 516, coupled with a contra-
side order or orders totaling an equal number of contracts. A
Qualified Contingent Cross Order is not valid during the opening
rotation process described in Rule 503. See Exchange Rule 516(j).
\21\ A Customer Cross Order is comprised of a Priority Customer
Order to buy and a Priority Customer Order to sell at the same price
and for the same quantity. A Customer Cross Order is not valid
during the opening rotation process described in Rule 503. See
Exchange Rule 516(i).
\22\ See Policy .02(b) of Exchange Rule 519A.
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The Exchange now proposes to amend Policy .02 to allow RFC orders
to be included in the counting program by amending the text to provide
that, PRIME Orders, cPRIME Orders, PRIME Solicitation Orders, QCC
Orders, cQCC Orders, Customer Cross Orders, cC2C Orders, RFC Orders,
and GTC Orders participate in the Risk Protection Monitor as follows:
(a) The System includes PRIME Orders, cPRIME Orders, PRIME
Solicitation Orders, QCC Orders, cQCC Orders, Customer Cross Orders,
cC2C Orders, RFC Orders, and GTC Orders in the counting program for
purposes of this Rule;
(b) PRIME Orders, cPRIME Orders, PRIME Solicitation Orders, QCC
Orders, cQCC Orders, Customer Cross Orders, cC2C Orders, and RFC Orders
will each be counted as two orders for the purpose of calculating the
Allowable Order Rate.
The Exchange believes that treating RFC orders similarly to other
paired order types for purposes of the counting program will instill
confidence in Members that an unusually high number of orders submitted
within a
[[Page 68389]]
specified time period will be accurately counted in regards to the
possible engagement of the Risk Protection Monitor to prevent
additional orders from being transmitted to the Exchange.
2. Statutory Basis
MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \23\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \24\ 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.
---------------------------------------------------------------------------
\23\ 15 U.S.C. 78f(b).
\24\ 15 U.S.C. 78f(b)(5).
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The Exchange's proposal to exclude RFC orders from the wide market
condition trade protection promotes just and equitable principles of
trade, removes impediments to and perfects the mechanism of a free and
open market and a national market system and in general, protects
investors and the public interest. Allowing RFC orders to continue to
trade during wide market conditions is consistent with the Exchange's
treatment of other paired order types such as cPRIME, cC2C, and cQCC
orders. cPRIME Orders, cC2C Orders, and cQCC Orders are all received
with either a paired Agency Order (in the case of a PRIME and cPRIME
Orders) or a contra-side order or orders. cPRIME and cC2C orders are
received with an execution price at least $0.01 better than (inside)
the icMBBO \25\ price or the best net price of a complex order on the
Strategy Book,\26\ whichever is more aggressive. cQCC Orders are
received with an execution price that (i) is not at the same price as a
Priority Customer Order \27\ on the Exchange's Book; \28\ and (ii) is
at or between the NBBO.\29\ An RFC order is comprised of a SPIKES
options combo coupled with a contra-side order or orders totaling an
equal number of SPIKES option combo orders, which is identified to the
Exchange as being part of an exchange of option contracts for related
futures positions.\30\ In order to execute an RFC order an EEM \31\
must submit the RFC order to the System, which may execute
automatically without exposure.\32\ An EEM may execute an RFC order
pursuant to the previous statement only if: (i) Each option leg
executes at a price that complies with Exchange Rule 518(c), provided
that no option leg executes at the same price as a Priority Customer
Order in the Simple Book; \33\ (ii) each option leg executes at a price
at or between the NBBO for the applicable series; and (iii) the
execution price is better than the price of any complex order resting
in the Strategy Book, unless the RFC order is a Priority Customer Order
and the resting complex order is a non-Priority Customer Order, in
which case the execution price may the same as or better than the price
of the resting complex order. The System cancels an RFC order it if
cannot execute.\34\ Therefore, these order types, all of which consist
of paired orders with execution price requirements, are not affected by
wide market conditions because they may only be executed at or inside
of their obligatory prices, and as such are appropriately excluded from
this trade protection feature.
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\25\ The Implied Complex MIAX Best Bid or Offer (``icMBBO'') is
a calculation that uses the best price from the Simple Order Book
for each component of a complex strategy including displayed and
non-displayed trading interest. See Exchange Rule 518(a)(11). The
``Simple Order Book'' is the Exchange's regular electronic book of
orders and quotes. See Exchange Rule 518(a)(15).
\26\ The ``Strategy Book'' is the Exchange's electronic book of
complex orders and complex quotes. See Exchange Rule 518(a)(17).
\27\ The term ``Priority Customer'' means a person or entity
that (i) is not a broker or dealer in securities, and (ii) does not
place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s). The
number of orders shall be counted in accordance with the following
Interpretation and Policy .01 hereto. See Exchange Rule 100.
\28\ The term ``Book'' means the electronic book of buy and sell
orders and quotes maintained by the System. See Exchange Rule 100.
\29\ See Exchange Rule 515(h)(4). The term ``NBBO'' means the
national best bid or offer as calculated by the Exchange based on
market information received by the Exchange from the appropriate
Securities Information Processor (``SIP'') See Exchange Rule
518(a)(14).
\30\ See Policy .08(a) of Exchange Rule 518.
\31\ The term ``Electronic Exchange Member'' or ``EEM'' means
the holder of a Trading Permit who is not a Market Maker. Electronic
Exchange Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
\32\ See Policy .08(a)(1) of Exchange Rule 518.
\33\ The ``Simple Order Book'' is the Exchange's regular
electronic book of orders and quotes. See Exchange Rule 518(a)(15).
\34\ See Policy .08(a)(2) of Exchange Rule 518.
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The Exchange's proposal to include RFC orders in the Exchange's
Risk Protection Monitor promotes just and equitable principles of
trade, removes impediments to and perfects the mechanism of a free and
open market and a national market system and, in general, protects
investors and the public interest by treating RFC orders similarly to
other paired orders for purposes of the Risk Protection Monitor
counting program.
The Exchange's proposal to add RFC orders to the list of order
types to which Policy .02 and .02(a) of Rule 519A applies; and to the
list of order types to be counted as two orders for purposes of
calculating the Allowable Order Rate in Policy .02(b) of Rule 519A,
perfects the mechanisms of a free and open market and a national market
system by assisting investors in managing their acceptable risk levels
respecting open orders. The submission of a single message into the
System for the execution of a paired order type is a submission
representing two orders, and the Risk Protection Monitor counts them as
such for purposes of calculating the Allowable Order Rate. Participants
thus will know that their single message for these order types
represents two orders for purposes of the counting system and may
determine their appropriate risk tolerance parameters accordingly.
The Exchange believes that the proposed amendments to its trade
protection rules should instill additional confidence in Members that
submit orders to the Exchange that their risk tolerance levels are
protected, and thus should encourage such Members to submit additional
order flow and liquidity to the Exchange with the understanding that
they retain necessary protections and avoid unnecessary protections
with respect to all orders they submit to the Exchange, including
complex orders, thereby removing impediments to and perfecting the
mechanisms of a free and open market and a national market system and,
in general, protecting investors and the public interest
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 Exchange believes its proposal will promote intra-market
competition by ensuring that RFC orders are eligible to trade during
wide market conditions, similar to other paired order types.
Additionally, including RFC orders in certain trade protections
available on the Exchange enables MIAX Options participants to submit
more orders to the Exchange knowing that risk protection measures are
in place. The proposal applies equally to all market participants and
should benefit intra-market competition accordingly.
The Exchange's proposal is limited to transactions involving a
Proprietary
[[Page 68390]]
Product \35\ of the Exchange, and therefore has no impact on inter-
market competition.
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\35\ The term ``Proprietary Product'' means a class of options
that is listed exclusively on the Exchange and any of its
affiliates. See Exchange Rule 100.
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For all the reasons stated, the Exchange does not believe that the
proposed rule change will impose any burden on competition not
necessary or appropriate in furtherance of the purposes of the Act, and
believes the proposed change will in fact enhance competition.
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 \36\ and Rule 19b-4(f)(6) \37\
thereunder.
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\36\ 15 U.S.C. 78s(b)(3)(A).
\37\ 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 [email protected]. Please include
File Number SR-MIAX-2020-33 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-2020-33. 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 website (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 website 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 offices 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-2020-33, and should be submitted on
or before November 18, 2020.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
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\38\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-23797 Filed 10-27-20; 8:45 am]
BILLING CODE 8011-01-P