Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make a Number of Minor, Non-Substantive Edits to Exchange's Rulebook and Delete All References to Mini-Options in the Rulebook, 79985-79987 [2024-22414]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Regulation R, Rule 701 (17 CFR 247.701)
under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
Regulation R, Rule 701 requires a
broker or dealer (as part of a written
agreement between the bank and the
broker or dealer) to notify the bank if the
broker or dealer makes certain
determinations regarding the financial
status of the customer, a bank
employee’s statutory disqualification
status, and compliance with suitability
or sophistication standards.
The Commission estimates there are
3,402 registered brokers or dealers that
would, on average, notify 1,000 banks
approximately two times annually about
a determination regarding a customer’s
high net worth or institutional status or
suitability or sophistication standing as
well as a bank employee’s statutory
disqualification status. Based on these
estimates, the Commission anticipates
that Regulation R, Rule 701 would result
in brokers or dealers making
approximately 2,000 notifications to
banks per year. The Commission further
estimates (based on the level of
difficulty and complexity of the
applicable activities) that a broker or
dealer would spend approximately 15
minutes per notice to a bank. Therefore,
the estimated total annual third-party
disclosure burden for the requirements
in Regulation R, Rule 701 is 500 1 hours
for brokers or dealers.
The retention period for the
recordkeeping requirement under Rule
17Ad–2(c), (d), and (h) is not less than
two years following the date the notice
is submitted. The recordkeeping
requirement under this rule is
mandatory to assist the Commission in
monitoring transfer agents who fail to
meet the minimum performance
standards set by the Commission rule.
This rule does not involve the collection
of confidential information. Please note
that a transfer agent is not required to
file under the rule unless it does not
meet the minimum performance
standards for turnaround, processing or
forwarding items received for transfer
during a month.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
The public may view background
documentation for this information
banks × 2 notices = 2,000 notices; (2,000
notices × 15 minutes) = 30,000 minutes/60 minutes
= 500 hours.
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent by
October 31, 2024 to: (i)
www.reginfo.gov/public/do/PRAMain
and (ii) Austin Gerig, Director/Chief
Data Officer, Securities and Exchange
Commission, c/o Oluwaseun Ajayi, 100
F Street NE, Washington, DC 20549, or
by sending an email to: PRA_Mailbox@
sec.gov.
Dated: September 25, 2024.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024–22402 Filed 9–30–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–101191; File No. SR–MIAX–
2024–38]
Self-Regulatory Organizations; Miami
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Make a Number of Minor,
Non-Substantive Edits to Exchange’s
Rulebook and Delete All References to
Mini-Options in the Rulebook
September 25, 2024.
Pursuant to the provisions of Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 notice is hereby given that
on September 17, 2024, Miami
International Securities Exchange, LLC
(‘‘MIAX’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) a 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 make a
number of minor, non-substantive edits
to Exchange’s Rulebook and delete all
references to mini-options in the
Rulebook.
The text of the proposed rule change
is available on the Exchange’s website at
https://www.miaxglobal.com/markets/
1 1,000
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1 15
2 17
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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79985
us-options/miax-options/rule-filings, at
MIAX’s principal office, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Proposal To Amend Exchange Rule 100
The Exchange proposes to amend
Exchange Rule 100 to make minor, nonsubstantive edits and clarifying changes
to provide accuracy and precision
within the rule text.
Specifically, the Exchange proposes to
amend the definition of Market Makers 3
in Exchange Rule 100 to move the
comma after ‘‘Lead Market Makers’’
from outside to inside the quotation
marks for grammatical correctness and
clarity in the rule text. Additionally, the
Exchange proposes to add a comma
before the conjunction ‘‘and’’ (i.e.
between ‘‘Primary Lead Market Makers’’
and ‘‘Registered Market Makers’’),
where the comma will be placed inside
the closing quotation mark.
Accordingly, with the proposed
changes, the definition of Market
Makers in Exchange Rule 100 will read
as follows:
The term ‘‘Market Makers’’ refers to ‘‘Lead
Market Makers,’’ ‘‘Primary Lead Market
Makers,’’ and ‘‘Registered Market Makers’’
collectively.
Proposal To Amend Interpretations and
Policies .01 of Exchange Rule 521
The Exchange proposes to amend
Interpretations and Policies .01 of
Exchange Rule 521 to make a minor,
non-substantive edit to provide
accuracy and precision within the rule
text.
Specifically, the Exchange proposes to
amend Interpretations and Policies .01
3 The term ‘‘Market Makers’’ refers to ‘‘Lead
Market Makers’’, ‘‘Primary Lead Market Makers’’
and ‘‘Registered Market Makers’’ collectively. See
Exchange Rule 100.
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Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices
of Exchange Rule 521 to add a closing
parenthesis at the end of the first
sentence for grammatical correctness
and clarity in the rule text. Accordingly,
with the proposed changes, the
Interpretations and Policies .01 of
Exchange Rule 521 will read as follows:
.01 Limit Up-Limit Down State. An
execution will not be subject to review as an
Obvious Error or Catastrophic Error pursuant
to paragraph (c) or (d) of this Rule if it
occurred while the underlying security was
in a ‘‘Limit State’’ or ‘‘Straddle State,’’ as
defined in the Regulation NMS Plan to
Address Extraordinary Market Volatility (the
‘‘Limit Up-Limit Down Plan’’ or the ‘‘Plan’’).
Nothing in this provision shall prevent such
execution from being reviewed on an
Official’s own motion pursuant to subparagraph (c)(3) of this Rule, or a bust or
adjust pursuant to paragraphs (e) through (k)
of this Rule.
Proposal To Amend Interpretations and
Policies .02 of Exchange Rule 1809
The Exchange proposes to amend
Interpretations and Policies .02 of
Exchange Rule 1809 to make a minor,
clarifying change to provide accuracy
and precision within the rule text.
Interpretation and Policy .02 of
Exchange Rule 1809 discusses the
Quarterly Options Series 4 Program and
that the Exchange may list Quarterly
Options Series for index options.
Specifically, the Exchange proposes to
amend Interpretations and Policies .02
of Exchange Rule 1809 to delete ‘‘pilot’’
at the end of the last sentence. The
Exchange notes that other exchanges
have permanently established quarterly
options series programs.5 Accordingly,
with the proposed changes,
Interpretations and Policies .02 of
Exchange Rule 1809 will read as
follows:
khammond on DSKJM1Z7X2PROD with NOTICES
.02 Quarterly Options Series Program:
Notwithstanding the restriction in Rule
1809(a)(3), the Exchange may list and trade
options series that expire at the close of
business on the last business day of a
calendar quarter (‘‘Quarterly Options
Series’’). The Exchange may list Quarterly
Options Series for up to five (5) currently
listed options classes that are either index
options or options on exchange traded funds
4 The term ‘‘Quarterly Options Series’’ is a series
in an options class that is approved for listing and
trading on the Exchange in which the series is
opened for trading on any business day and that
expires at the close of business on the last business
day of a calendar quarter. See Exchange Rule 100.
5 See e.g., Securities Exchange Act Release No.
60164 (June 23, 2009), 74 FR 31333 (June 30, 2009)
(SR–CBOE–2009–029) (Order Approving a
Proposed Rule Change To Permanently Establish
the Quarterly Option Series Program); see also
Securities Exchange Act Release No. 60275 (July 9,
2009), 74 FR 34809 (July 17, 2009) (SR–ISE–2009–
50) (Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Permanently Establish
the Quarterly Options Series Pilot Program).
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17:42 Sep 30, 2024
Jkt 265001
(‘‘ETFs’’). In addition, the Exchange may also
list Quarterly Options Series on any options
classes that are selected by other securities
exchanges that employ a similar program
under their respective rules.
Proposal To Delete All References to
Mini-Options
The Exchange proposes to delete all
outdated references to mini-options in
the rule text.6 On April 17, 2013, the
Exchange began listing and trading
mini-options that were options contracts
on a select number of high-priced and
actively traded securities, each with a
unit of trading ten times lower than that
of standard-sized options contracts.7
Mini-options never gained significant
market acceptance and have not
achieved the expected level of traction
or success in its target market.
Accordingly, all mini-options were
delisted several years ago and the
Exchange does not have plans to re-list
them in the foreseeable future. As the
Exchange no longer offers mini-option
contracts, the Exchange proposes to
delete all references to mini-options to
provide greater clarity to Members 8 and
the public regarding the Exchange’s
offerings and Rulebook. The Exchange
also notes that other exchanges filed
similar proposals to delete references to
mini-options.9
Specifically, the Exchange proposes to
delete the content in Interpretations and
Policies .03 of Exchange Rule 307 and
then insert ‘‘Reserved’’ so as to keep the
remainder of the Rulebook as currently
formatted. The Exchange proposes to
delete the content in Interpretations and
Policies .08 of Exchange Rule 404 and
then insert ‘‘Reserved’’ so as to keep the
remainder of the Rulebook as currently
6 The Exchange anticipates it will file a separate
rule filing pursuant to Rule 19b–4 of the Exchange
Act with the Commission to remove references to
‘‘mini-options’’ in the MIAX Options Exchange Fee
Schedule, including outdated tables that still list
fees (or rebates) for transactions by market
participants in mini-options.
7 See Securities Exchange Act Release No. 69136
(March 14, 2013), 78 FR 17259 (March 20, 2013)
(SR–MIAX–2013–06).
8 The term ‘‘Member’’ means an individual or
organization approved to exercise the trading rights
associated with a Trading Permit. Members are
deemed ‘‘members’’ under the Exchange Act. See
Exchange Rule 100.
9 See Securities Exchange Act Release No. 88374
(March 12, 2020), 85 FR 15522 (March 18, 2020)
(SR–Phlx–2020–08) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change To Amend
Certain Phlx Rules To Remove References to Mini
Options); see also Securities Exchange Act Release
No. 88458 (March 23, 2020), 85 FR 17372 (March
27, 2020) (SR–MRX–2020–07) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change
Related to the Removal of Obsolete Listing Rules);
see also Securities Exchange Act Release No. 88456
(March 23, 2020), 85 FR 17126 (March 26, 2020)
(SR–ISE–2020–11) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change Related to
the Removal of Obsolete Listing Rules).
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
formatted. The Exchange proposes to
delete the content in subparagraph (c) of
Exchange Rule 509 and then insert
‘‘Reserved’’ so as to keep the remainder
of the Rulebook as currently formatted.
The Exchange proposes to delete the
content in Interpretations and Policies
.02 of Exchange Rule 510 and then
insert ‘‘Reserved’’ so as to keep the
remainder of the Rulebook as currently
formatted. The Exchange proposes to
delete ‘‘or 5,000 mini-option contracts’’
at the end of subparagraph (b)(1)(i) of
Exchange Rule 515A. The Exchange
proposes to delete ‘‘or 10,000 minioption contracts,’’ in the first sentence
of subparagraph (j) of Exchange Rule
516. In addition, the Exchange proposes
to delete the sentence that ‘‘Minioptions may only be part of a complex
order that includes other mini-options.’’
in subparagraph (a)(5) of Exchange Rule
518.
2. Statutory Basis
The Exchange believes that the
proposed changes are consistent with
Section 6(b) of the Act 10 in general, and
further the objectives of Section 6(b)(1)
of the Act 11 in particular, in that they
are designed to enforce compliance by
the Exchange’s Members and persons
associated with its Members, with the
provisions of the rules of the Exchange.
In particular, the Exchange believes that
the proposed changes will provide
greater clarity to Members and the
public regarding the Exchange’s
Rulebook by correcting grammatical
errors, removing obsolete rule text, and
providing accuracy and consistency
within the Exchange’s Rulebook. The
proposed changes will also make it
easier for Members to interpret the
Exchange’s Rulebook.
The Exchange believes that the
proposed rule changes also further the
objectives of Section 6(b)(5) of the Act.
In particular, they are designed to
prevent fraudulent and manipulative
acts and practices, promote just and
equitable principles of trade, foster
cooperation and coordination with
persons engaged in regulating, clearing,
settling, processing information with
respect to, and facilitating transactions
in securities, remove impediments to
and perfect the mechanisms of a free
and open market and a national market
system and, in general, protect investors
and the public interest. The Exchange
believes the proposed changes promote
just and equitable principles of trade
and remove impediments to and perfect
the mechanism of a free and open
market and a national market system
10 15
11 15
E:\FR\FM\01OCN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(1).
01OCN1
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices
because the proposed rule changes will
provide greater clarity to Members and
the public regarding the Exchange’s
Rulebook by correcting grammatical
errors and removing obsolete rule text.
The proposed changes to remove
obsolete rule text include the removal of
outdated references to mini-options.
Mini-options are no longer offered by
the Exchange since mini-options failed
to gain significant market acceptance
and have not achieved the expected
level of traction or success in its target
market. Removing references to minioptions would render the rules more
accurate and reduce potential investor
confusion. It is in the public interest for
the Exchange’s Rulebook to be accurate
and concise so as to eliminate the
potential for confusion.
khammond on DSKJM1Z7X2PROD with NOTICES
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed changes will impose any
burden on competition not necessary or
appropriate in furtherance of the
purposes of the Act. Specifically, the
Exchange believes the proposed changes
will not impose any burden on intramarket competition as there is no
functional change to the Exchange’s
System 12 and because the rules of the
Exchange apply to all Members equally.
The proposed rule changes will have no
impact on competition as they are not
designed to address any competitive
issue but rather are designed to remedy
minor, non-substantive issues and
provide added clarity to the Exchange’s
Rulebook, including removing outdated
references to mini-options that are no
longer offered by the Exchange. Minioptions failed to gain significant market
acceptance and have not achieved the
expected level of traction or success in
its target market, so the Exchange
delisted all mini-options several years
ago and does not have plans to re-list
them in the foreseeable future.13 In
addition, the Exchange does not believe
the proposal will impose any burden on
inter-market competition as the
proposal does not address any
competitive issues and is intended to
protect investors by providing further
transparency and accuracy regarding the
Exchange’s Rulebook.
12 The term ‘‘System’’ means the automated
trading system used by the Exchange for the trading
of securities. See Exchange Rule 100.
13 The Exchange notes that other exchanges filed
similar proposals to delete references to minioptions. See supra note 9.
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17:42 Sep 30, 2024
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C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or 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)(iii) of the Act 14 and
subparagraph (f)(6) of Rule 19b–4
thereunder.15
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
under Section 19(b)(2)(B) 16 of the Act to
determine whether the proposed rule
change be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include file number SR–
MIAX–2024–38 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.
14 15
U.S.C. 78s(b)(3)(A)(iii).
15 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, 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.
16 15 U.S.C. 78s(b)(2)(B).
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79987
All submissions should refer to file
number SR–MIAX–2024–38. 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
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. Do not include personal
identifiable information in submissions;
you should submit only information
that you wish to make available
publicly. We may redact in part or
withhold entirely from publication
submitted material that is obscene or
subject to copyright protection. All
submissions should refer to file number
SR–MIAX–2024–38 and should be
submitted on or before October 22,
2024.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024–22414 Filed 9–30–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
35342; File No. 812–15482]
Lafayette Square USA, Inc., et al.
September 26, 2024.
Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’).
ACTION: Notice.
AGENCY:
Notice of application for an order
under sections 17(d) and 57(i) of the
Investment Company Act of 1940 (the
‘‘Act’’) and rule 17d–1 under the Act to
17 17
E:\FR\FM\01OCN1.SGM
CFR 200.30–3(a)(12).
01OCN1
Agencies
[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Notices]
[Pages 79985-79987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22414]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-101191; File No. SR-MIAX-2024-38]
Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Make a Number of Minor, Non-Substantive Edits
to Exchange's Rulebook and Delete All References to Mini-Options in the
Rulebook
September 25, 2024.
Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on September 17, 2024, Miami International
Securities Exchange, LLC (``MIAX'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') a 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to make a number of minor, non-substantive
edits to Exchange's Rulebook and delete all references to mini-options
in the Rulebook.
The text of the proposed rule change is available on the Exchange's
website at https://www.miaxglobal.com/markets/us-options/miax-options/rule-filings, at MIAX's principal office, and at the Commission's
Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Proposal To Amend Exchange Rule 100
The Exchange proposes to amend Exchange Rule 100 to make minor,
non-substantive edits and clarifying changes to provide accuracy and
precision within the rule text.
Specifically, the Exchange proposes to amend the definition of
Market Makers \3\ in Exchange Rule 100 to move the comma after ``Lead
Market Makers'' from outside to inside the quotation marks for
grammatical correctness and clarity in the rule text. Additionally, the
Exchange proposes to add a comma before the conjunction ``and'' (i.e.
between ``Primary Lead Market Makers'' and ``Registered Market
Makers''), where the comma will be placed inside the closing quotation
mark. Accordingly, with the proposed changes, the definition of Market
Makers in Exchange Rule 100 will read as follows:
---------------------------------------------------------------------------
\3\ The term ``Market Makers'' refers to ``Lead Market Makers'',
``Primary Lead Market Makers'' and ``Registered Market Makers''
collectively. See Exchange Rule 100.
The term ``Market Makers'' refers to ``Lead Market Makers,''
``Primary Lead Market Makers,'' and ``Registered Market Makers''
collectively.
Proposal To Amend Interpretations and Policies .01 of Exchange Rule 521
The Exchange proposes to amend Interpretations and Policies .01 of
Exchange Rule 521 to make a minor, non-substantive edit to provide
accuracy and precision within the rule text.
Specifically, the Exchange proposes to amend Interpretations and
Policies .01
[[Page 79986]]
of Exchange Rule 521 to add a closing parenthesis at the end of the
first sentence for grammatical correctness and clarity in the rule
text. Accordingly, with the proposed changes, the Interpretations and
Policies .01 of Exchange Rule 521 will read as follows:
.01 Limit Up-Limit Down State. An execution will not be subject
to review as an Obvious Error or Catastrophic Error pursuant to
paragraph (c) or (d) of this Rule if it occurred while the
underlying security was in a ``Limit State'' or ``Straddle State,''
as defined in the Regulation NMS Plan to Address Extraordinary
Market Volatility (the ``Limit Up-Limit Down Plan'' or the
``Plan''). Nothing in this provision shall prevent such execution
from being reviewed on an Official's own motion pursuant to sub-
paragraph (c)(3) of this Rule, or a bust or adjust pursuant to
paragraphs (e) through (k) of this Rule.
Proposal To Amend Interpretations and Policies .02 of Exchange Rule
1809
The Exchange proposes to amend Interpretations and Policies .02 of
Exchange Rule 1809 to make a minor, clarifying change to provide
accuracy and precision within the rule text. Interpretation and Policy
.02 of Exchange Rule 1809 discusses the Quarterly Options Series \4\
Program and that the Exchange may list Quarterly Options Series for
index options.
---------------------------------------------------------------------------
\4\ The term ``Quarterly Options Series'' is a series in an
options class that is approved for listing and trading on the
Exchange in which the series is opened for trading on any business
day and that expires at the close of business on the last business
day of a calendar quarter. See Exchange Rule 100.
---------------------------------------------------------------------------
Specifically, the Exchange proposes to amend Interpretations and
Policies .02 of Exchange Rule 1809 to delete ``pilot'' at the end of
the last sentence. The Exchange notes that other exchanges have
permanently established quarterly options series programs.\5\
Accordingly, with the proposed changes, Interpretations and Policies
.02 of Exchange Rule 1809 will read as follows:
---------------------------------------------------------------------------
\5\ See e.g., Securities Exchange Act Release No. 60164 (June
23, 2009), 74 FR 31333 (June 30, 2009) (SR-CBOE-2009-029) (Order
Approving a Proposed Rule Change To Permanently Establish the
Quarterly Option Series Program); see also Securities Exchange Act
Release No. 60275 (July 9, 2009), 74 FR 34809 (July 17, 2009) (SR-
ISE-2009-50) (Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Permanently Establish the Quarterly Options
Series Pilot Program).
.02 Quarterly Options Series Program: Notwithstanding the
restriction in Rule 1809(a)(3), the Exchange may list and trade
options series that expire at the close of business on the last
business day of a calendar quarter (``Quarterly Options Series'').
The Exchange may list Quarterly Options Series for up to five (5)
currently listed options classes that are either index options or
options on exchange traded funds (``ETFs''). In addition, the
Exchange may also list Quarterly Options Series on any options
classes that are selected by other securities exchanges that employ
a similar program under their respective rules.
Proposal To Delete All References to Mini-Options
The Exchange proposes to delete all outdated references to mini-
options in the rule text.\6\ On April 17, 2013, the Exchange began
listing and trading mini-options that were options contracts on a
select number of high-priced and actively traded securities, each with
a unit of trading ten times lower than that of standard-sized options
contracts.\7\ Mini-options never gained significant market acceptance
and have not achieved the expected level of traction or success in its
target market. Accordingly, all mini-options were delisted several
years ago and the Exchange does not have plans to re-list them in the
foreseeable future. As the Exchange no longer offers mini-option
contracts, the Exchange proposes to delete all references to mini-
options to provide greater clarity to Members \8\ and the public
regarding the Exchange's offerings and Rulebook. The Exchange also
notes that other exchanges filed similar proposals to delete references
to mini-options.\9\
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\6\ The Exchange anticipates it will file a separate rule filing
pursuant to Rule 19b-4 of the Exchange Act with the Commission to
remove references to ``mini-options'' in the MIAX Options Exchange
Fee Schedule, including outdated tables that still list fees (or
rebates) for transactions by market participants in mini-options.
\7\ See Securities Exchange Act Release No. 69136 (March 14,
2013), 78 FR 17259 (March 20, 2013) (SR-MIAX-2013-06).
\8\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
\9\ See Securities Exchange Act Release No. 88374 (March 12,
2020), 85 FR 15522 (March 18, 2020) (SR-Phlx-2020-08) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Certain Phlx Rules To Remove References to Mini Options); see also
Securities Exchange Act Release No. 88458 (March 23, 2020), 85 FR
17372 (March 27, 2020) (SR-MRX-2020-07) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Related to the
Removal of Obsolete Listing Rules); see also Securities Exchange Act
Release No. 88456 (March 23, 2020), 85 FR 17126 (March 26, 2020)
(SR-ISE-2020-11) (Notice of Filing and Immediate Effectiveness of
Proposed Rule Change Related to the Removal of Obsolete Listing
Rules).
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Specifically, the Exchange proposes to delete the content in
Interpretations and Policies .03 of Exchange Rule 307 and then insert
``Reserved'' so as to keep the remainder of the Rulebook as currently
formatted. The Exchange proposes to delete the content in
Interpretations and Policies .08 of Exchange Rule 404 and then insert
``Reserved'' so as to keep the remainder of the Rulebook as currently
formatted. The Exchange proposes to delete the content in subparagraph
(c) of Exchange Rule 509 and then insert ``Reserved'' so as to keep the
remainder of the Rulebook as currently formatted. The Exchange proposes
to delete the content in Interpretations and Policies .02 of Exchange
Rule 510 and then insert ``Reserved'' so as to keep the remainder of
the Rulebook as currently formatted. The Exchange proposes to delete
``or 5,000 mini-option contracts'' at the end of subparagraph (b)(1)(i)
of Exchange Rule 515A. The Exchange proposes to delete ``or 10,000
mini-option contracts,'' in the first sentence of subparagraph (j) of
Exchange Rule 516. In addition, the Exchange proposes to delete the
sentence that ``Mini-options may only be part of a complex order that
includes other mini-options.'' in subparagraph (a)(5) of Exchange Rule
518.
2. Statutory Basis
The Exchange believes that the proposed changes are consistent with
Section 6(b) of the Act \10\ in general, and further the objectives of
Section 6(b)(1) of the Act \11\ in particular, in that they are
designed to enforce compliance by the Exchange's Members and persons
associated with its Members, with the provisions of the rules of the
Exchange. In particular, the Exchange believes that the proposed
changes will provide greater clarity to Members and the public
regarding the Exchange's Rulebook by correcting grammatical errors,
removing obsolete rule text, and providing accuracy and consistency
within the Exchange's Rulebook. The proposed changes will also make it
easier for Members to interpret the Exchange's Rulebook.
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\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(1).
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The Exchange believes that the proposed rule changes also further
the objectives of Section 6(b)(5) of the Act. In particular, they are
designed to prevent fraudulent and manipulative acts and practices,
promote just and equitable principles of trade, foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general,
protect investors and the public interest. The Exchange believes the
proposed changes promote just and equitable principles of trade and
remove impediments to and perfect the mechanism of a free and open
market and a national market system
[[Page 79987]]
because the proposed rule changes will provide greater clarity to
Members and the public regarding the Exchange's Rulebook by correcting
grammatical errors and removing obsolete rule text. The proposed
changes to remove obsolete rule text include the removal of outdated
references to mini-options. Mini-options are no longer offered by the
Exchange since mini-options failed to gain significant market
acceptance and have not achieved the expected level of traction or
success in its target market. Removing references to mini-options would
render the rules more accurate and reduce potential investor confusion.
It is in the public interest for the Exchange's Rulebook to be accurate
and concise so as to eliminate the potential for confusion.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed changes will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act. Specifically, the Exchange believes the
proposed changes will not impose any burden on intra-market competition
as there is no functional change to the Exchange's System \12\ and
because the rules of the Exchange apply to all Members equally. The
proposed rule changes will have no impact on competition as they are
not designed to address any competitive issue but rather are designed
to remedy minor, non-substantive issues and provide added clarity to
the Exchange's Rulebook, including removing outdated references to
mini-options that are no longer offered by the Exchange. Mini-options
failed to gain significant market acceptance and have not achieved the
expected level of traction or success in its target market, so the
Exchange delisted all mini-options several years ago and does not have
plans to re-list them in the foreseeable future.\13\ In addition, the
Exchange does not believe the proposal will impose any burden on inter-
market competition as the proposal does not address any competitive
issues and is intended to protect investors by providing further
transparency and accuracy regarding the Exchange's Rulebook.
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\12\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
\13\ The Exchange notes that other exchanges filed similar
proposals to delete references to mini-options. See supra note 9.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or 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)(iii) of the Act \14\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\15\
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\14\ 15 U.S.C. 78s(b)(3)(A)(iii).
\15\ 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, 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.
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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 under
Section 19(b)(2)(B) \16\ of the Act to determine whether the proposed
rule change be approved or disapproved.
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\16\ 15 U.S.C. 78s(b)(2)(B).
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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:
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-2024-38 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-2024-38. 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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-MIAX-2024-38 and should be
submitted on or before October 22, 2024.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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\17\ 17 CFR 200.30-3(a)(12).
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Vanessa A. Countryman,
Secretary.
[FR Doc. 2024-22414 Filed 9-30-24; 8:45 am]
BILLING CODE 8011-01-P