Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Permit Monday and Wednesday Expirations for Options Listed Pursuant to the Short Term Option Series Program on the iShares Russell 2000 ETF (“IWM”), 56308-56311 [2021-21984]
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Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 7 and Rule 19b–
4(f)(6) thereunder.8
A proposed rule change filed under
Rule 19b–4(f)(6) 9 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),10 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay. Waiver of the operative
delay would allow the Exchange to
immediately delay the implementation
of the new LULD closing cross
functionalities and provide the
Exchange additional time to test and
implement these functionalities. The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest. 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.
7 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
9 17 CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6)(iii).
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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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.
[FR Doc. 2021–21992 Filed 10–7–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
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–
NASDAQ–2021–077 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–NASDAQ–2021–077. 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
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–NASDAQ–2021–077 and
should be submitted on or before
October 29, 2021.
[Release No. 34–93251; File No. SR–MIAX–
2021–47]
Self-Regulatory Organizations; Miami
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Permit Monday and
Wednesday Expirations for Options
Listed Pursuant to the Short Term
Option Series Program on the iShares
Russell 2000 ETF (‘‘IWM’’)
October 4, 2021.
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
1, 2021, Miami International Securities
Exchange, LLC (‘‘MIAX Options’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The 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 amend
Policy .02 (Short Term Option Series
Program) of Exchange Rule 404, Series
of Option Contracts Open for Trading, to
permit Monday and Wednesday
expirations for options listed pursuant
to the Short Term Option Series
Program (‘‘Program’’) on the iShares
Russell 2000 ETF (‘‘IWM’’).
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
1 15
12 17
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2 17
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
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Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices
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
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The Exchange proposes to amend
Policy .02 (Short Term Option Series
Program) of Exchange Rule 404, Series
of Option Contracts Open for Trading, to
permit Monday and Wednesday
expirations for options listed pursuant
to the Short Term Option Series
Program (‘‘Program’’) on the iShares
Russell 2000 ETF (‘‘IWM’’). This is a
competitive filing that is based on a
proposal recently submitted by Nasdaq
Phlx LLC (‘‘Phlx’’) and approved by the
Securities and Exchange Commission
(‘‘Commission’’).3
A Short Term Option Series means a
series in an option class that is
approved for listing and trading on the
Exchange in which the series is opened
for trading on any Monday, Tuesday,
Wednesday, Thursday or Friday that is
a business day and that expires on the
Monday, Wednesday or Friday of the
next business week, or, in the case of a
series that is listed on a Friday and
expires on a Monday, is listed one
business week and one business day
prior to that expiration.4 The Exchange
proposes to amend Policy .02 of
Exchange Rule 404 to permit the listing
of option series that expire on Mondays
and Wednesdays in IWM.
3 See Securities Exchange Act Release No. 93157
(September 28, 2021) (Approving SR–PHLX–2021–
43).
4 The term ‘‘Short Term Option Series’’ is a series
in an option class that is approved for listing and
trading on the Exchange in which the series is
opened for trading on any Monday, Tuesday,
Wednesday, Thursday or Friday that is a business
day and that expires on the Monday, Wednesday or
Friday of the next business week, or, in the case of
a series that is listed on a Friday and expires on
a Monday, is listed one business week and one
business day prior to that expiration. If a Tuesday,
Wednesday, Thursday or Friday is not a business
day, the series may be opened (or shall expire) on
the first business day immediately prior to that
Tuesday, Wednesday, Thursday or Friday,
respectively. For a series listed pursuant to this
section for Monday expiration, if a Monday is not
a business day, the series shall expire on the first
business day immediately following that Monday.
See Exchange Rule 100.
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Monday Expirations
As proposed, with respect to Monday
IWM Expirations within Policy .02 of
Rule 404, the Exchange may open for
trading on any Friday or Monday that is
a business day series of options on IWM
to expire on any Monday of the month
that is a business day and is not a
Monday in which Quarterly Options
Series on the same class expire
(‘‘Monday IWM Expirations’’), provided
that Monday IWM Expirations that are
listed on a Friday must be listed at least
one business week and one business day
prior to the expiration. The Exchange
may list up to five consecutive Monday
IWM Expirations at one time; the
Exchange may have no more than a total
of five Monday IWM Expirations.
Wednesday Expirations
As proposed, with respect to
Wednesday IWM Expirations within
Policy .02 of Rule 404, the Exchange
may open for trading on any Tuesday or
Wednesday that is a business day series
of options on IWM to expire on any
Wednesday of the month that is a
business day and is not a Wednesday in
which Quarterly Options Series on the
same class expire (‘‘Wednesday IWM
Expirations’’). The Exchange may list up
to five consecutive Wednesday IWM
Expirations at one time; the Exchange
may have no more than a total of five
Wednesday IWM Expirations.
Monday and Wednesday Expirations
The interval between strike prices for
the proposed Monday and Wednesday
IWM Expirations will be the same as
those for the current Short Term Option
Series for Wednesday and Friday
expirations applicable to the Program.5
Specifically, the Monday and
Wednesday IWM Expirations will have
a $0.50 strike interval minimum.6 As is
the case with other equity options series
listed pursuant to the Program, the
Monday and Wednesday IWM
Expiration series will be P.M.-settled.
Pursuant to Policy .02 of Rule 404,
with respect to this Program, if Monday
is not a business day the series shall
expire on the first business day
immediately following that Monday.
This procedure differs from the
expiration date of Wednesday
expiration series that are scheduled to
expire on a holiday. Pursuant to Policy
.02 of Rule 404 a Wednesday expiration
series shall expire on the first business
day immediately prior to that
Wednesday, e.g., Tuesday of that week,
if the Wednesday is not a business day.
For purposes of IWM, however, the
5 See
Policy .02(e) of Exchange Rule 404.
6 Id.
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Exchange believes that it is preferable to
require Monday expiration series in this
scenario to expire on the Tuesday of
that week rather than the previous
business day (e.g., the previous Friday),
since the Tuesday is closer in time to
the scheduled expiration date of the
series than the previous Friday, and
therefore may be more representative of
anticipated market conditions. Monday
SPY and QQQ expirations 7 are treated
in this manner today. Cboe Exchange,
Inc. (‘‘Cboe’’) uses the same procedure
for options on the S&P 500 index
(‘‘SPX’’), Mini-SPX Index Options
(‘‘XSP’’), Russell 2000 Index (‘‘RUT’’)
and Mini-Russell 2000 Index Options
(‘‘MRUT’’) and with Monday
expirations that are listed pursuant to its
Nonstandard Expirations Pilot Program
that are scheduled to expire on a
holiday.8 Also, Phlx 9 and Nasdaq ISE,
LLC (‘‘ISE’’) 10 use the same procedure
for options on the Nasdaq–100®
(‘‘NDX’’) with Monday expirations that
are listed pursuant to its Nonstandard
Expirations Pilot Programs, respectively.
Currently, for each option class
eligible for participation in the Program,
the Exchange is limited to opening
thirty (30) series for each expiration date
for the specific class.11 The thirty (30)
series restriction does not include series
that are open by other securities
exchanges under their respective short
term option rules; the Exchange may list
these additional series that are listed by
other exchanges.12 This thirty (30) series
restriction would apply to Monday and
Wednesday IWM Expiration series as
well. In addition, the Exchange will be
able to list series that are listed by other
exchanges, assuming they file similar
rules with the Commission to list IWM
options expiring on Mondays and
Wednesdays.
Finally, the Exchange is amending
Policy .02(b) of Rule 404 which
addresses the listing of Short Term
Option Series that expire in the same
week as monthly or quarterly options
series. Currently, the rule states that no
Short Term Option Series may expire in
the same week in which monthly option
series on the same class expire (with the
exception of Monday and Wednesday
SPY and QQQ Expirations) or, in the
case of Quarterly Options Series, no
Short Term Option series may expire on
the same day as an expiration of
Quarterly Options Series in the same
7 See
Policy .02 of Exchange Rule 404.
Cboe Rule 4.13(e)(1).
9 See Phlx Options 4A, Section 12(b)(5).
10 See ISE Supplementary Material .07 to Options
4A, Section 12.
11 See Policy .02(c) of Exchange Rule 404.
12 See Exchange Rule 404A(b)(6).
8 See
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Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices
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class.13 As with Monday and
Wednesday SPY and QQQ Expirations,
the Exchange proposes to permit
Monday and Wednesday IWM
Expirations to expire in the same week
as monthly options series on the same
class. The Exchange believes that it is
reasonable to extend this exemption to
Monday and Wednesday IWM
Expirations because Monday and
Wednesday IWM Expirations and
standard monthly options will not
expire on the same trading day, as
standard monthly options expire on
Fridays. Additionally, the Exchange
believes that not listing Monday and
Wednesday IWM Expirations for one
week every month because there was a
monthly IWM expiration on the Friday
of that week would create investor
confusion.
The Exchange does not believe that
any market disruptions will be
encountered with the introduction of
P.M.-settled Monday and Wednesday
IWM Expirations. The Exchange has the
necessary capacity and surveillance
programs in place to support and
properly monitor trading in the
proposed Monday and Wednesday IWM
Expirations. The Exchange currently
trades P.M.-settled Short Term Option
Series that expire Monday and
Wednesday for SPY and QQQ and has
not experienced any market disruptions
nor issues with capacity. Today, the
Exchange has surveillance programs in
place to support and properly monitor
trading in Short Term Option Series that
expire Monday and Wednesday for SPY
and QQQ.
Similar to SPY and QQQ, the
introduction of IWM Monday and
Wednesday Expirations will, among
other things, expand hedging tools
available to market participants and
continue the reduction of the premium
cost of buying protection. The Exchange
believes that Monday and Wednesday
IWM Expirations will allow market
participants to purchase IWM based on
their timing as needed and allow them
to tailor their investment and hedging
needs more effectively.
2. Statutory Basis
The Exchange believes that its
proposed rule change is consistent with
Section 6(b) of the Act 14 in general, and
furthers the objectives of Section 6(b)(5)
of the Act 15 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
13 See
Policy .02(b) of Exchange Rule 404.
14 15 U.S.C. 78f(b).
15 15 U.S.C. 78f(b)(5).
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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 by providing the
investing public and other market
participants more flexibility to closely
tailor their investment and hedging
decisions in IWM options, thus allowing
them to better manage their risk
exposure.
In particular, the Exchange believes
the Program has been successful to date
and that Monday and Wednesday IWM
Expirations should simply expand the
ability of investors to hedge risk against
market movements stemming from
economic releases or market events that
occur throughout the month in the same
way that the Program has expanded the
landscape of hedging. Similarly, the
Exchange believes Monday and
Wednesday IWM Expirations should
create greater trading and hedging
opportunities, as well as flexibility that
will provide Members with the ability to
tailor their investment objectives more
effectively.
The Exchange currently lists Monday
and Wednesday SPY and QQQ
Expirations.16 Also, Cboe currently
permits Monday and Wednesday
expirations for other options with a
weekly expiration, such as options on
SPX, XSP, RUT, and MRUT pursuant to
its Nonstandard Expirations Pilot
Program.17 Phlx 18 and ISE 19 currently
permit Monday and Wednesday
expirations for other options with a
weekly expiration on NDX pursuant to
their Nonstandard Expirations Pilot
Programs.
With the exception of Monday
expiration series that are scheduled to
expire on a holiday, there are no
material differences in the treatment of
Monday and Wednesday IWM
Expirations for Short Term Option
Series. The Exchange believes that it is
consistent with the Act to treat Monday
expiration series that expire on a
holiday differently than Wednesday or
Friday expiration series, since the
proposed treatment for Monday
expiration series will result in an
expiration date that is closer in time to
the scheduled expiration date of the
series, and therefore may be more
representative of anticipated market
conditions. Monday SPY and QQQ
Policy .02 of Exchange Rule 404.
note 8.
18 Supra note 9.
19 Supra note 10.
expirations are treated in this manner
today.20 Cboe 21 uses the same
procedure for SPX, XSP, RUT, and
MRUT options with Monday expirations
that are scheduled to expire on a
holiday, as do Phlx 22 and ISE 23 for
NDX options with Monday expirations
that are listed pursuant to their
Nonstandard Expirations Pilot
Programs, respectively.
Given the similarities between
Monday and Wednesday SPY and QQQ
Expirations and the proposed Monday
and Wednesday IWM Expirations, the
Exchange believes that applying the
provisions in Policy .02(b) of Rule 404,
which currently apply to Monday and
Wednesday SPY and QQQ Expirations,
to Monday and Wednesday IWM
Expirations is justified. For example, the
Exchange believes that allowing
Monday and Wednesday IWM
Expirations and monthly IWM
expirations in the same week will
benefit investors and minimize investor
confusion by providing Monday and
Wednesday IWM Expirations in a
continuous and uniform manner. The
Exchange also believes that it is
appropriate to amend Policy .02(b) of
Rule 404 to clarify that no Short Term
Option Series may expire on the same
day as an expiration of Quarterly
Options Series on the same class, same
as SPY and QQQ.
The Exchange represents that it has an
adequate surveillance program in place
to detect manipulative trading in
Monday and Wednesday expirations,
including Monday and Wednesday IWM
Expirations, in the same way that it
monitors trading in the current Short
Term Option Series and trading in
Monday and Wednesday SPY and QQQ
Expirations. The Exchange also
represents that it has the necessary
systems capacity to support the new
options series. Finally, the Exchange
does not believe that any market
disruptions will be encountered with
the introduction of Monday and
Wednesday IWM Expirations.
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. In this regard
and as indicated above, the Exchange
notes that the rule change is being
proposed as a competitive response to a
16 See
20 See
17 Supra
21 Supra
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Policy .02(b) of Exchange Rule 404.
note 8.
22 Supra note 9.
23 Supra note 10.
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Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices
filing submitted by Phlx.24 The
Exchange also notes that having
Monday and Wednesday IWM
Expirations is not a novel proposal, as
Monday and Wednesday SPY and QQQ
Expirations are currently listed on the
Exchange.25 Cboe uses the same
procedure for SPX, XSP, RUT, and
MRUT options with Monday expirations
that are listed pursuant to its
Nonstandard Expirations Pilot Program
and that are scheduled to expire on a
holiday,26 as do Phlx 27 and ISE 28 for
NDX options with Monday expirations
that are listed pursuant to their
Nonstandard Expirations Pilot
Programs, respectively.
The Exchange does not believe the
proposal will impose any burden on
intra-market competition, as all market
participants will be treated in the same
manner under this proposal.
Additionally, the Exchange does not
believe the proposal will impose any
burden on inter-market competition, as
nothing prevents the other options
exchanges from proposing similar rules
to list and trade Short-Term Option
Series with Monday and Wednesday
expirations.
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 from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 29 and Rule 19b–
4(f)(6) thereunder.30
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act normally does not become operative
for 30 days after the date of its filing.
24 Supra
note 3.
Policy .02 of Rule 404.
26 Supra note 8.
27 Supra note 9.
28 Supra note 10.
29 15 U.S.C. 78s(b)(3)(A).
30 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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25 See
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However, Rule 19b–4(f)(6)(iii) 31 permits
the Commission to designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has requested
that the Commission waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Commission notes that it
recently approved Phlx’s substantially
similar proposal to list and trade
Monday IWM Expirations and
Wednesday IWM Expirations.32 The
Exchange stated that waiver of the
operative delay is consistent with the
protection of investors and the public
interest as it would encourage fair
competition among exchanges by
allowing MIAX Options to compete
effectively with Phlx by having the
ability to list and trade the same
Monday and Wednesday IWM
Expirations that Phlx is able to list and
trade. For these reasons, the
Commission believes that the proposed
rule change presents no novel issues
and that waiver of the 30-day operative
delay is consistent with the protection
of investors and the public interest, and
will allow the Exchange to remain
competitive with other exchanges.
Accordingly, the Commission hereby
waives the operative delay and
designates the proposed rule change
operative upon filing.33
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.
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:
31 17
CFR 240.19b–4(f)(6)(iii).
supra note 3.
33 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
32 See
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56311
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–2021–47 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–2021–47. 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 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
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–2021–47 and should
be submitted on or before October 29,
2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.34
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–21984 Filed 10–7–21; 8:45 am]
BILLING CODE 8011–01–P
34 17
E:\FR\FM\08OCN1.SGM
CFR 200.30–3(a)(12).
08OCN1
]]>Agencies
[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56308-56311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21984]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-93251; File No. SR-MIAX-2021-47]
Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Permit Monday and Wednesday Expirations for Options
Listed Pursuant to the Short Term Option Series Program on the iShares
Russell 2000 ETF (``IWM'')
October 4, 2021.
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 1, 2021, Miami International Securities Exchange, LLC
(``MIAX Options'' or the ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The 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 proposes to amend Policy .02 (Short Term Option Series
Program) of Exchange Rule 404, Series of Option Contracts Open for
Trading, to permit Monday and Wednesday expirations for options listed
pursuant to the Short Term Option Series Program (``Program'') on the
iShares Russell 2000 ETF (``IWM'').
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
[[Page 56309]]
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 Policy .02 (Short Term Option Series
Program) of Exchange Rule 404, Series of Option Contracts Open for
Trading, to permit Monday and Wednesday expirations for options listed
pursuant to the Short Term Option Series Program (``Program'') on the
iShares Russell 2000 ETF (``IWM''). This is a competitive filing that
is based on a proposal recently submitted by Nasdaq Phlx LLC (``Phlx'')
and approved by the Securities and Exchange Commission
(``Commission'').\3\
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\3\ See Securities Exchange Act Release No. 93157 (September 28,
2021) (Approving SR-PHLX-2021-43).
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A Short Term Option Series means a series in an option class that
is approved for listing and trading on the Exchange in which the series
is opened for trading on any Monday, Tuesday, Wednesday, Thursday or
Friday that is a business day and that expires on the Monday, Wednesday
or Friday of the next business week, or, in the case of a series that
is listed on a Friday and expires on a Monday, is listed one business
week and one business day prior to that expiration.\4\ The Exchange
proposes to amend Policy .02 of Exchange Rule 404 to permit the listing
of option series that expire on Mondays and Wednesdays in IWM.
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\4\ The term ``Short Term Option Series'' is a series in an
option class that is approved for listing and trading on the
Exchange in which the series is opened for trading on any Monday,
Tuesday, Wednesday, Thursday or Friday that is a business day and
that expires on the Monday, Wednesday or Friday of the next business
week, or, in the case of a series that is listed on a Friday and
expires on a Monday, is listed one business week and one business
day prior to that expiration. If a Tuesday, Wednesday, Thursday or
Friday is not a business day, the series may be opened (or shall
expire) on the first business day immediately prior to that Tuesday,
Wednesday, Thursday or Friday, respectively. For a series listed
pursuant to this section for Monday expiration, if a Monday is not a
business day, the series shall expire on the first business day
immediately following that Monday. See Exchange Rule 100.
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Monday Expirations
As proposed, with respect to Monday IWM Expirations within Policy
.02 of Rule 404, the Exchange may open for trading on any Friday or
Monday that is a business day series of options on IWM to expire on any
Monday of the month that is a business day and is not a Monday in which
Quarterly Options Series on the same class expire (``Monday IWM
Expirations''), provided that Monday IWM Expirations that are listed on
a Friday must be listed at least one business week and one business day
prior to the expiration. The Exchange may list up to five consecutive
Monday IWM Expirations at one time; the Exchange may have no more than
a total of five Monday IWM Expirations.
Wednesday Expirations
As proposed, with respect to Wednesday IWM Expirations within
Policy .02 of Rule 404, the Exchange may open for trading on any
Tuesday or Wednesday that is a business day series of options on IWM to
expire on any Wednesday of the month that is a business day and is not
a Wednesday in which Quarterly Options Series on the same class expire
(``Wednesday IWM Expirations''). The Exchange may list up to five
consecutive Wednesday IWM Expirations at one time; the Exchange may
have no more than a total of five Wednesday IWM Expirations.
Monday and Wednesday Expirations
The interval between strike prices for the proposed Monday and
Wednesday IWM Expirations will be the same as those for the current
Short Term Option Series for Wednesday and Friday expirations
applicable to the Program.\5\ Specifically, the Monday and Wednesday
IWM Expirations will have a $0.50 strike interval minimum.\6\ As is the
case with other equity options series listed pursuant to the Program,
the Monday and Wednesday IWM Expiration series will be P.M.-settled.
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\5\ See Policy .02(e) of Exchange Rule 404.
\6\ Id.
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Pursuant to Policy .02 of Rule 404, with respect to this Program,
if Monday is not a business day the series shall expire on the first
business day immediately following that Monday. This procedure differs
from the expiration date of Wednesday expiration series that are
scheduled to expire on a holiday. Pursuant to Policy .02 of Rule 404 a
Wednesday expiration series shall expire on the first business day
immediately prior to that Wednesday, e.g., Tuesday of that week, if the
Wednesday is not a business day. For purposes of IWM, however, the
Exchange believes that it is preferable to require Monday expiration
series in this scenario to expire on the Tuesday of that week rather
than the previous business day (e.g., the previous Friday), since the
Tuesday is closer in time to the scheduled expiration date of the
series than the previous Friday, and therefore may be more
representative of anticipated market conditions. Monday SPY and QQQ
expirations \7\ are treated in this manner today. Cboe Exchange, Inc.
(``Cboe'') uses the same procedure for options on the S&P 500 index
(``SPX''), Mini-SPX Index Options (``XSP''), Russell 2000 Index
(``RUT'') and Mini-Russell 2000 Index Options (``MRUT'') and with
Monday expirations that are listed pursuant to its Nonstandard
Expirations Pilot Program that are scheduled to expire on a holiday.\8\
Also, Phlx \9\ and Nasdaq ISE, LLC (``ISE'') \10\ use the same
procedure for options on the Nasdaq-100[supreg] (``NDX'') with Monday
expirations that are listed pursuant to its Nonstandard Expirations
Pilot Programs, respectively.
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\7\ See Policy .02 of Exchange Rule 404.
\8\ See Cboe Rule 4.13(e)(1).
\9\ See Phlx Options 4A, Section 12(b)(5).
\10\ See ISE Supplementary Material .07 to Options 4A, Section
12.
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Currently, for each option class eligible for participation in the
Program, the Exchange is limited to opening thirty (30) series for each
expiration date for the specific class.\11\ The thirty (30) series
restriction does not include series that are open by other securities
exchanges under their respective short term option rules; the Exchange
may list these additional series that are listed by other
exchanges.\12\ This thirty (30) series restriction would apply to
Monday and Wednesday IWM Expiration series as well. In addition, the
Exchange will be able to list series that are listed by other
exchanges, assuming they file similar rules with the Commission to list
IWM options expiring on Mondays and Wednesdays.
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\11\ See Policy .02(c) of Exchange Rule 404.
\12\ See Exchange Rule 404A(b)(6).
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Finally, the Exchange is amending Policy .02(b) of Rule 404 which
addresses the listing of Short Term Option Series that expire in the
same week as monthly or quarterly options series. Currently, the rule
states that no Short Term Option Series may expire in the same week in
which monthly option series on the same class expire (with the
exception of Monday and Wednesday SPY and QQQ Expirations) or, in the
case of Quarterly Options Series, no Short Term Option series may
expire on the same day as an expiration of Quarterly Options Series in
the same
[[Page 56310]]
class.\13\ As with Monday and Wednesday SPY and QQQ Expirations, the
Exchange proposes to permit Monday and Wednesday IWM Expirations to
expire in the same week as monthly options series on the same class.
The Exchange believes that it is reasonable to extend this exemption to
Monday and Wednesday IWM Expirations because Monday and Wednesday IWM
Expirations and standard monthly options will not expire on the same
trading day, as standard monthly options expire on Fridays.
Additionally, the Exchange believes that not listing Monday and
Wednesday IWM Expirations for one week every month because there was a
monthly IWM expiration on the Friday of that week would create investor
confusion.
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\13\ See Policy .02(b) of Exchange Rule 404.
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The Exchange does not believe that any market disruptions will be
encountered with the introduction of P.M.-settled Monday and Wednesday
IWM Expirations. The Exchange has the necessary capacity and
surveillance programs in place to support and properly monitor trading
in the proposed Monday and Wednesday IWM Expirations. The Exchange
currently trades P.M.-settled Short Term Option Series that expire
Monday and Wednesday for SPY and QQQ and has not experienced any market
disruptions nor issues with capacity. Today, the Exchange has
surveillance programs in place to support and properly monitor trading
in Short Term Option Series that expire Monday and Wednesday for SPY
and QQQ.
Similar to SPY and QQQ, the introduction of IWM Monday and
Wednesday Expirations will, among other things, expand hedging tools
available to market participants and continue the reduction of the
premium cost of buying protection. The Exchange believes that Monday
and Wednesday IWM Expirations will allow market participants to
purchase IWM based on their timing as needed and allow them to tailor
their investment and hedging needs more effectively.
2. Statutory Basis
The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \14\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \15\ 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 by
providing the investing public and other market participants more
flexibility to closely tailor their investment and hedging decisions in
IWM options, thus allowing them to better manage their risk exposure.
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\14\ 15 U.S.C. 78f(b).
\15\ 15 U.S.C. 78f(b)(5).
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In particular, the Exchange believes the Program has been
successful to date and that Monday and Wednesday IWM Expirations should
simply expand the ability of investors to hedge risk against market
movements stemming from economic releases or market events that occur
throughout the month in the same way that the Program has expanded the
landscape of hedging. Similarly, the Exchange believes Monday and
Wednesday IWM Expirations should create greater trading and hedging
opportunities, as well as flexibility that will provide Members with
the ability to tailor their investment objectives more effectively.
The Exchange currently lists Monday and Wednesday SPY and QQQ
Expirations.\16\ Also, Cboe currently permits Monday and Wednesday
expirations for other options with a weekly expiration, such as options
on SPX, XSP, RUT, and MRUT pursuant to its Nonstandard Expirations
Pilot Program.\17\ Phlx \18\ and ISE \19\ currently permit Monday and
Wednesday expirations for other options with a weekly expiration on NDX
pursuant to their Nonstandard Expirations Pilot Programs.
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\16\ See Policy .02 of Exchange Rule 404.
\17\ Supra note 8.
\18\ Supra note 9.
\19\ Supra note 10.
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With the exception of Monday expiration series that are scheduled
to expire on a holiday, there are no material differences in the
treatment of Monday and Wednesday IWM Expirations for Short Term Option
Series. The Exchange believes that it is consistent with the Act to
treat Monday expiration series that expire on a holiday differently
than Wednesday or Friday expiration series, since the proposed
treatment for Monday expiration series will result in an expiration
date that is closer in time to the scheduled expiration date of the
series, and therefore may be more representative of anticipated market
conditions. Monday SPY and QQQ expirations are treated in this manner
today.\20\ Cboe \21\ uses the same procedure for SPX, XSP, RUT, and
MRUT options with Monday expirations that are scheduled to expire on a
holiday, as do Phlx \22\ and ISE \23\ for NDX options with Monday
expirations that are listed pursuant to their Nonstandard Expirations
Pilot Programs, respectively.
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\20\ See Policy .02(b) of Exchange Rule 404.
\21\ Supra note 8.
\22\ Supra note 9.
\23\ Supra note 10.
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Given the similarities between Monday and Wednesday SPY and QQQ
Expirations and the proposed Monday and Wednesday IWM Expirations, the
Exchange believes that applying the provisions in Policy .02(b) of Rule
404, which currently apply to Monday and Wednesday SPY and QQQ
Expirations, to Monday and Wednesday IWM Expirations is justified. For
example, the Exchange believes that allowing Monday and Wednesday IWM
Expirations and monthly IWM expirations in the same week will benefit
investors and minimize investor confusion by providing Monday and
Wednesday IWM Expirations in a continuous and uniform manner. The
Exchange also believes that it is appropriate to amend Policy .02(b) of
Rule 404 to clarify that no Short Term Option Series may expire on the
same day as an expiration of Quarterly Options Series on the same
class, same as SPY and QQQ.
The Exchange represents that it has an adequate surveillance
program in place to detect manipulative trading in Monday and Wednesday
expirations, including Monday and Wednesday IWM Expirations, in the
same way that it monitors trading in the current Short Term Option
Series and trading in Monday and Wednesday SPY and QQQ Expirations. The
Exchange also represents that it has the necessary systems capacity to
support the new options series. Finally, the Exchange does not believe
that any market disruptions will be encountered with the introduction
of Monday and Wednesday IWM Expirations.
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. In this regard and as
indicated above, the Exchange notes that the rule change is being
proposed as a competitive response to a
[[Page 56311]]
filing submitted by Phlx.\24\ The Exchange also notes that having
Monday and Wednesday IWM Expirations is not a novel proposal, as Monday
and Wednesday SPY and QQQ Expirations are currently listed on the
Exchange.\25\ Cboe uses the same procedure for SPX, XSP, RUT, and MRUT
options with Monday expirations that are listed pursuant to its
Nonstandard Expirations Pilot Program and that are scheduled to expire
on a holiday,\26\ as do Phlx \27\ and ISE \28\ for NDX options with
Monday expirations that are listed pursuant to their Nonstandard
Expirations Pilot Programs, respectively.
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\24\ Supra note 3.
\25\ See Policy .02 of Rule 404.
\26\ Supra note 8.
\27\ Supra note 9.
\28\ Supra note 10.
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The Exchange does not believe the proposal will impose any burden
on intra-market competition, as all market participants will be treated
in the same manner under this proposal. Additionally, the Exchange does
not believe the proposal will impose any burden on inter-market
competition, as nothing prevents the other options exchanges from
proposing similar rules to list and trade Short-Term Option Series with
Monday and Wednesday expirations.
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 from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \29\ and Rule 19b-
4(f)(6) thereunder.\30\
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\29\ 15 U.S.C. 78s(b)(3)(A).
\30\ 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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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \31\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission notes that it recently approved Phlx's substantially similar
proposal to list and trade Monday IWM Expirations and Wednesday IWM
Expirations.\32\ The Exchange stated that waiver of the operative delay
is consistent with the protection of investors and the public interest
as it would encourage fair competition among exchanges by allowing MIAX
Options to compete effectively with Phlx by having the ability to list
and trade the same Monday and Wednesday IWM Expirations that Phlx is
able to list and trade. For these reasons, the Commission believes that
the proposed rule change presents no novel issues and that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest, and will allow the Exchange to
remain competitive with other exchanges. Accordingly, the Commission
hereby waives the operative delay and designates the proposed rule
change operative upon filing.\33\
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\31\ 17 CFR 240.19b-4(f)(6)(iii).
\32\ See supra note 3.
\33\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change 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-2021-47 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-2021-47. 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 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 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-2021-47 and should be submitted on
or before October 29, 2021.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
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\34\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-21984 Filed 10-7-21; 8:45 am]
BILLING CODE 8011-01-P
