80_FR_44316 80 FR 44174 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Amend Exchange Rule 515A to Extend the Pilot Period for Certain Aspects of the PRIME Auction to July 18, 2016

80 FR 44174 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Amend Exchange Rule 515A to Extend the Pilot Period for Certain Aspects of the PRIME Auction to July 18, 2016

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 142 (July 24, 2015)

Page Range44174-44176
FR Document2015-18136

Federal Register, Volume 80 Issue 142 (Friday, July 24, 2015)
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Notices]
[Pages 44174-44176]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18136]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75486; File No. SR-MIAX-2015-48]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change to Amend Exchange Rule 515A to Extend the Pilot 
Period for Certain Aspects of the PRIME Auction to July 18, 2016

July 20, 2015.
    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 July 16, 2015, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 515A.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at 
MIAX's principal office, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to extend the pilot period applicable to 
certain aspects of the PRIME Auction which is currently set to expire 
on July 18, 2015, until July 18, 2016.
    The current pilot allows PRIME Agency Orders of any size to 
initiate a PRIME Auction on MIAX at a price which is at or better than 
the national best bid or offer (``NBBO'').\3\ The Exchange notes that 
other exchanges provide the same functionality.\4\ The Exchange 
implemented the pilot in order to benefit customers through the 
encouragement of the entry of more orders into the PRIME Auction, thus 
making it more likely that such orders may receive price improvement. 
The Exchange believes that the pilot attracts order flow and promotes 
competition and price improvement opportunities for Agency Orders of 
fewer than 50 contracts. The Exchange believes that extending the pilot 
period is appropriate because it would allow the Exchange and the 
Commission additional time to analyze data regarding the pilot that the 
Exchange has committed to provide.
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    \3\ The Exchange notes that prior to the pilot, for PRIME Agency 
Orders for less than 50 standard option contracts or 500 mini-option 
contracts, the Initiating Member must stop the entire PRIME Agency 
Order as principal or with a solicited order at the better of the 
NBBO price improved by a $0.01 increment or the PRIME Agency Order's 
limit price (if the order is a limit order). In addition, to 
initiate the PRIME Auction for auto-match submissions, the 
Initiating Member must stop the PRIME Agency Order for less than 50 
standard option contracts or 500 mini-option contracts at better of 
the NBBO price improved by a $0.01 increment or the PRIME Agency 
Order's limit price. See Securities Exchange Act Release No. 73590 
(November 13, 2014), 79 68919 (November 19, 2014) (SR-MIAX-2014-56). 
See also Securities Exchange Act Release Nos. 72009 (April 23, 
2014), 79 FR 24032 (April 29, 2014) (SR-MIAX-2014-20); 72418 (June 
18, 2014), 79 FR 35833 (June 24, 2014) (SR-MIAX-2014-23).
    \4\ See PHLX Rule 1080(n).
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    In the original filing, the Exchange committed to periodically 
submitting reports based on the comprehensive list of the data that the 
Exchange represented that it will collect in order to aid the 
Commission in its evaluation of the PRIME that incorporates the changes 
proposed.\5\ As of August 1, 2015, the Exchange will submit periodic 
reports based on the revised list of data detailed in Exhibit 3 of this 
proposal. Any raw data which is submitted to the Commission pursuant to 
the pilot will be provided on a confidential basis. In further support 
of this proposal, the Exchange represents that it will provide certain 
additional data requested by the Commission regarding trading in the 
PRIME Auction for the six (6) month period from January 1, 2015 to June 
30, 2015. The Exchange agrees to provide this data by January 18, 2016 
and to make the summary of the data provided to the Commission publicly 
available. The Exchange continues to believe that there remains 
meaningful competition for all size orders and that there is an active 
and liquid market functioning on the Exchange outside of the PRIME 
Auction. The Exchange also continues to believe that there are 
significant opportunities for price improvement available in the PRIME 
Auction. The Exchange believes the additional data will substantiate 
the Exchange's belief and provide further evidence in support of 
permanent approval of the pilot.
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    \5\ See Proposed Rule 515A, Interpretations and Policies .08. A 
comprehensive list of the data that the Exchange represented that it 
will collect is available in Exhibit 3 of SR-MIAX-2014-23. See also 
Securities Exchange Act Release Nos. 72009 (April 23, 2014), 79 FR 
24032 (April 29, 2014) (SR-MIAX-2014-20); 72418 (June 18, 2014), 79 
FR 35833 (June 24, 2014) (SR-MIAX-2014-23).
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2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with 
section 6(b) of the Act \6\ in general, and furthers the objectives of 
section 6(b)(5) of the Act \7\ 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

[[Page 44175]]

cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanisms of a free and open market and a national market system and, 
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that extending the pilot is consistent with 
these principles because the pilot is reasonably designed to create 
tighter markets and ensure that each order receives the best possible 
price, which benefits investors by increasing competition thereby 
maximizing opportunities for price improvement. The proposed extension 
would allow the pilot to continue uninterrupted, thereby avoiding any 
potential investor confusion that could result from a temporary 
interruption in the pilot. Because the pilot is applicable to all PRIME 
Agency Orders for fewer than 50 contracts, the proposal to extend the 
pilot merely acts to maintain status quo on the Exchange, which 
promotes just and equitable principles of trade and removes impediments 
to, and perfects the mechanism of, a free and open market and a 
national market system.
    The extension of the pilot period will allow the Commission and the 
Exchange to continue to monitor the pilot to ascertain whether there is 
meaningful competition for all size orders and whether there is an 
active and liquid market functioning on the Exchange outside of the 
PRIME Auction. The extension of the pilot period would also enable 
market participants to continue to benefit from the significant 
opportunities for price improvement available in the PRIME Auction.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change 
simply extends an established pilot program for an additional period 
and would allow for further analysis of the pilot. In addition, the 
proposed extension would allow the pilot to continue uninterrupted, 
thereby avoiding any potential investor confusion that could result 
from a temporary interruption in the pilot. Thus, the proposal would 
also serve to promote regulatory clarity and consistency, thereby 
reducing burdens on the marketplace and facilitating investor 
protection.

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 \8\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires the Exchange to give the Commission written notice of the 
Exchange's 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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    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange requested 
that the Commission waive the 30-day operative delay. The Exchange 
noted that waiver of the 30-day operative delay will allow the Exchange 
to extend the pilot program before it expires on July 18, 2015. The 
Exchange believes that the proposal to extend the pilot merely acts to 
maintain status quo on the Exchange and waiver of the operative delay 
would allow for the pilot to continue uninterrupted. According to the 
Exchange, the extension of the pilot period would allow the Commission 
and the Exchange to continue to assess the effect of the pilot.
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest, as 
it will allow the pilot program to continue uninterrupted, thereby 
avoiding any potential investor confusion that could result from a 
temporary interruption in the pilot program. Therefore, the Commission 
designates the proposed rule change to be operative on July 18, 
2015.\12\
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    \12\ For purposes only of waiving the operative delay, the 
Commission has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-MIAX-2015-48 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-2015-48. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of

[[Page 44176]]

10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-MIAX-2015-48 and should be 
submitted on or before August 14, 2015.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18136 Filed 7-23-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    44174                            Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices

                                                    Commission, and all written                              I. Self-Regulatory Organization’s                           making it more likely that such orders
                                                    communications relating to the                           Statement of the Terms of Substance of                      may receive price improvement. The
                                                    proposed rule change between the                         the Proposed Rule Change                                    Exchange believes that the pilot attracts
                                                    Commission and any person, other than                       The Exchange is filing a proposal to                     order flow and promotes competition
                                                    those that may be withheld from the                      amend Exchange Rule 515A.                                   and price improvement opportunities
                                                    public in accordance with the                               The text of the proposed rule change                     for Agency Orders of fewer than 50
                                                    provisions of 5 U.S.C. 552, will be                      is available on the Exchange’s Web site                     contracts. The Exchange believes that
                                                    available for Web site viewing and                       at http://www.miaxoptions.com/filter/                       extending the pilot period is appropriate
                                                    printing in the Commission’s Public                      wotitle/rule_filing, at MIAX’s principal                    because it would allow the Exchange
                                                    Reference Room, 100 F Street NE.,                        office, and at the Commission’s Public                      and the Commission additional time to
                                                    Washington, DC 20549 on official                         Reference Room.                                             analyze data regarding the pilot that the
                                                    business days between the hours of                                                                                   Exchange has committed to provide.
                                                    10:00 a.m. and 3:00 p.m. Copies of such                  II. Self-Regulatory Organization’s                            In the original filing, the Exchange
                                                    filing also will be available for                        Statement of the Purpose of, and                            committed to periodically submitting
                                                    inspection and copying at the principal                  Statutory Basis for, the Proposed Rule                      reports based on the comprehensive list
                                                    office of the Exchange. All comments                     Change                                                      of the data that the Exchange
                                                    received will be posted without change;                     In its filing with the Commission, the                   represented that it will collect in order
                                                    the Commission does not edit personal                    Exchange included statements                                to aid the Commission in its evaluation
                                                    identifying information from                             concerning the purpose of and basis for                     of the PRIME that incorporates the
                                                    submissions. You should submit only                      the proposed rule change and discussed                      changes proposed.5 As of August 1,
                                                    information that you wish to make                        any comments it received on the                             2015, the Exchange will submit periodic
                                                    available publicly. All submissions                      proposed rule change. The text of these                     reports based on the revised list of data
                                                    should refer to File Number SR–BOX–                      statements may be examined at the                           detailed in Exhibit 3 of this proposal.
                                                    2015–26, and should be submitted on or                   places specified in Item IV below. The                      Any raw data which is submitted to the
                                                    before August 14, 2015.                                  Exchange has prepared summaries, set                        Commission pursuant to the pilot will
                                                      For the Commission, by the Division of                 forth in sections A, B, and C below, of                     be provided on a confidential basis. In
                                                    Trading and Markets, pursuant to delegated               the most significant aspects of such                        further support of this proposal, the
                                                    authority.12                                             statements.                                                 Exchange represents that it will provide
                                                    Robert W. Errett,                                        A. Self-Regulatory Organization’s                           certain additional data requested by the
                                                    Deputy Secretary.                                        Statement of the Purpose of, and                            Commission regarding trading in the
                                                    [FR Doc. 2015–18133 Filed 7–23–15; 8:45 am]              Statutory Basis for, the Proposed Rule                      PRIME Auction for the six (6) month
                                                                                                             Change                                                      period from January 1, 2015 to June 30,
                                                    BILLING CODE 8011–01–P
                                                                                                                                                                         2015. The Exchange agrees to provide
                                                                                                             1. Purpose                                                  this data by January 18, 2016 and to
                                                    SECURITIES AND EXCHANGE                                     The Exchange proposes to extend the                      make the summary of the data provided
                                                    COMMISSION                                               pilot period applicable to certain                          to the Commission publicly available.
                                                                                                             aspects of the PRIME Auction which is                       The Exchange continues to believe that
                                                    [Release No. 34–75486; File No. SR–MIAX–                 currently set to expire on July 18, 2015,                   there remains meaningful competition
                                                    2015–48]                                                 until July 18, 2016.                                        for all size orders and that there is an
                                                                                                                The current pilot allows PRIME                           active and liquid market functioning on
                                                    Self-Regulatory Organizations; Miami                                                                                 the Exchange outside of the PRIME
                                                                                                             Agency Orders of any size to initiate a
                                                    International Securities Exchange LLC;                                                                               Auction. The Exchange also continues
                                                                                                             PRIME Auction on MIAX at a price
                                                    Notice of Filing and Immediate                                                                                       to believe that there are significant
                                                                                                             which is at or better than the national
                                                    Effectiveness of a Proposed Rule                                                                                     opportunities for price improvement
                                                                                                             best bid or offer (‘‘NBBO’’).3 The
                                                    Change to Amend Exchange Rule 515A                                                                                   available in the PRIME Auction. The
                                                                                                             Exchange notes that other exchanges
                                                    to Extend the Pilot Period for Certain                                                                               Exchange believes the additional data
                                                                                                             provide the same functionality.4 The
                                                    Aspects of the PRIME Auction to July                                                                                 will substantiate the Exchange’s belief
                                                                                                             Exchange implemented the pilot in
                                                    18, 2016                                                                                                             and provide further evidence in support
                                                                                                             order to benefit customers through the
                                                    July 20, 2015.                                           encouragement of the entry of more                          of permanent approval of the pilot.
                                                       Pursuant to the provisions of section                 orders into the PRIME Auction, thus                         2. Statutory Basis
                                                    19(b)(1) of the Securities Exchange Act
                                                    of 1934 (‘‘Act’’) 1 and Rule 19b–4                          3 The Exchange notes that prior to the pilot, for          MIAX believes that its proposed rule
                                                    thereunder,2 notice is hereby given that                 PRIME Agency Orders for less than 50 standard               change is consistent with section 6(b) of
                                                                                                             option contracts or 500 mini-option contracts, the          the Act 6 in general, and furthers the
                                                    on July 16, 2015, Miami International                    Initiating Member must stop the entire PRIME
                                                    Securities Exchange LLC (‘‘MIAX’’ or                     Agency Order as principal or with a solicited order
                                                                                                                                                                         objectives of section 6(b)(5) of the Act 7
                                                    ‘‘Exchange’’) filed with the Securities                  at the better of the NBBO price improved by a $0.01         in particular, in that it is designed to
                                                    and Exchange Commission                                  increment or the PRIME Agency Order’s limit price           prevent fraudulent and manipulative
                                                                                                             (if the order is a limit order). In addition, to initiate   acts and practices, to promote just and
                                                    (‘‘Commission’’) a proposed rule change                  the PRIME Auction for auto-match submissions, the
                                                    as described in Items I and II below,                    Initiating Member must stop the PRIME Agency
                                                                                                                                                                         equitable principles of trade, to foster
                                                                                                             Order for less than 50 standard option contracts or
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    which Items have been prepared by the                                                                                  5 See Proposed Rule 515A, Interpretations and
                                                                                                             500 mini-option contracts at better of the NBBO
                                                    Exchange. The Commission is                              price improved by a $0.01 increment or the PRIME            Policies .08. A comprehensive list of the data that
                                                    publishing this notice to solicit                        Agency Order’s limit price. See Securities Exchange         the Exchange represented that it will collect is
                                                    comments on the proposed rule change                     Act Release No. 73590 (November 13, 2014), 79               available in Exhibit 3 of SR–MIAX–2014–23. See
                                                    from interested persons.                                 68919 (November 19, 2014) (SR–MIAX–2014–56).                also Securities Exchange Act Release Nos. 72009
                                                                                                             See also Securities Exchange Act Release Nos.               (April 23, 2014), 79 FR 24032 (April 29, 2014) (SR–
                                                                                                             72009 (April 23, 2014), 79 FR 24032 (April 29,              MIAX–2014–20); 72418 (June 18, 2014), 79 FR
                                                      12 17 CFR 200.30–3(a)(12).                                                                                         35833 (June 24, 2014) (SR–MIAX–2014–23).
                                                                                                             2014) (SR–MIAX–2014–20); 72418 (June 18, 2014),
                                                      1 15 U.S.C. 78s(b)(1).                                 79 FR 35833 (June 24, 2014) (SR–MIAX–2014–23).                6 15 U.S.C. 78f(b).
                                                      2 17 CFR 240.19b–4.                                       4 See PHLX Rule 1080(n).                                   7 15 U.S.C. 78f(b)(5).




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                                                                                     Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices                                                        44175

                                                    cooperation and coordination with                        C. Self-Regulatory Organization’s                         rule change to be operative on July 18,
                                                    persons engaged in facilitating                          Statement on Comments on the                              2015.12
                                                    transactions in securities, to remove                    Proposed Rule Change Received From                           At any time within 60 days of the
                                                    impediments to and perfect the                           Members, Participants, or Others                          filing of the proposed rule change, the
                                                    mechanisms of a free and open market                                                                               Commission summarily may
                                                                                                               Written comments were neither                           temporarily suspend such rule change if
                                                    and a national market system and, in                     solicited nor received.
                                                    general, to protect investors and the                                                                              it appears to the Commission that such
                                                    public interest.                                         III. Date of Effectiveness of the                         action is necessary or appropriate in the
                                                                                                             Proposed Rule Change and Timing for                       public interest, for the protection of
                                                       The Exchange believes that extending
                                                                                                             Commission Action                                         investors, or otherwise in furtherance of
                                                    the pilot is consistent with these
                                                                                                                                                                       the purposes of the Act. If the
                                                    principles because the pilot is                             Because the foregoing proposed rule                    Commission takes such action, the
                                                    reasonably designed to create tighter                    change does not: (i) Significantly affect                 Commission shall institute proceedings
                                                    markets and ensure that each order                       the protection of investors or the public                 to determine whether the proposed rule
                                                    receives the best possible price, which                  interest; (ii) impose any significant                     should be approved or disapproved.
                                                    benefits investors by increasing                         burden on competition; and (iii) become
                                                    competition thereby maximizing                           operative for 30 days from the date on                    IV. Solicitation of Comments
                                                    opportunities for price improvement.                     which it was filed, or such shorter time                    Interested persons are invited to
                                                    The proposed extension would allow                       as the Commission may designate, it has                   submit written data, views, and
                                                    the pilot to continue uninterrupted,                     become effective pursuant to section                      arguments concerning the foregoing,
                                                    thereby avoiding any potential investor                  19(b)(3)(A) of the Act 8 and                              including whether the proposed rule
                                                    confusion that could result from a                       subparagraph (f)(6) of Rule 19b–4                         change is consistent with the Act.
                                                    temporary interruption in the pilot.                     thereunder.9                                              Comments may be submitted by any of
                                                    Because the pilot is applicable to all                      A proposed rule change filed under                     the following methods:
                                                    PRIME Agency Orders for fewer than 50                    Rule 19b–4(f)(6) 10 normally does not
                                                    contracts, the proposal to extend the                    become operative for 30 days after the                    Electronic Comments
                                                    pilot merely acts to maintain status quo                 date of filing. However, pursuant to                        • Use the Commission’s Internet
                                                    on the Exchange, which promotes just                     Rule 19b–4(f)(6)(iii),11 the Commission                   comment form (http://www.sec.gov/
                                                    and equitable principles of trade and                    may designate a shorter time if such                      rules/sro.shtml); or
                                                    removes impediments to, and perfects                     action is consistent with the protection                    • Send an email to rule-comments@
                                                    the mechanism of, a free and open                        of investors and the public interest. The                 sec.gov. Please include File Number SR–
                                                    market and a national market system.                     Exchange requested that the                               MIAX–2015–48 on the subject line.
                                                       The extension of the pilot period will                Commission waive the 30-day operative
                                                                                                                                                                       Paper Comments
                                                                                                             delay. The Exchange noted that waiver
                                                    allow the Commission and the Exchange                                                                                • Send paper comments in triplicate
                                                                                                             of the 30-day operative delay will allow
                                                    to continue to monitor the pilot to                                                                                to Secretary, Securities and Exchange
                                                                                                             the Exchange to extend the pilot
                                                    ascertain whether there is meaningful                                                                              Commission, 100 F Street NE.,
                                                                                                             program before it expires on July 18,
                                                    competition for all size orders and                                                                                Washington, DC 20549–1090.
                                                                                                             2015. The Exchange believes that the
                                                    whether there is an active and liquid
                                                                                                             proposal to extend the pilot merely acts                  All submissions should refer to File
                                                    market functioning on the Exchange                       to maintain status quo on the Exchange                    Number SR–MIAX–2015–48. This file
                                                    outside of the PRIME Auction. The                        and waiver of the operative delay would                   number should be included on the
                                                    extension of the pilot period would also                 allow for the pilot to continue                           subject line if email is used. To help the
                                                    enable market participants to continue                   uninterrupted. According to the                           Commission process and review your
                                                    to benefit from the significant                          Exchange, the extension of the pilot                      comments more efficiently, please use
                                                    opportunities for price improvement                      period would allow the Commission                         only one method. The Commission will
                                                    available in the PRIME Auction.                          and the Exchange to continue to assess                    post all comments on the Commission’s
                                                    B. Self-Regulatory Organization’s                        the effect of the pilot.                                  Internet Web site (http://www.sec.gov/
                                                    Statement on Burden on Competition                          The Commission believes that                           rules/sro.shtml). Copies of the
                                                                                                             waiving the 30-day operative delay is                     submission, all subsequent
                                                      The Exchange does not believe that                     consistent with the protection of                         amendments, all written statements
                                                    the proposed rule change will impose                     investors and the public interest, as it                  with respect to the proposed rule
                                                    any burden on competition that is not                    will allow the pilot program to continue                  change that are filed with the
                                                    necessary or appropriate in furtherance                  uninterrupted, thereby avoiding any                       Commission, and all written
                                                    of the purposes of the Act. The                          potential investor confusion that could                   communications relating to the
                                                    proposed rule change simply extends an                   result from a temporary interruption in                   proposed rule change between the
                                                    established pilot program for an                         the pilot program. Therefore, the                         Commission and any person, other than
                                                    additional period and would allow for                    Commission designates the proposed                        those that may be withheld from the
                                                    further analysis of the pilot. In addition,                                                                        public in accordance with the
                                                    the proposed extension would allow the                        8 15
                                                                                                                     U.S.C. 78s(b)(3)(A).                              provisions of 5 U.S.C. 552, will be
                                                    pilot to continue uninterrupted, thereby                      9 17
                                                                                                                     CFR 240.19b–4(f)(6). In addition, Rule 19b–       available for Web site viewing and
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    avoiding any potential investor                          4(f)(6) requires the Exchange to give the                 printing in the Commission’s Public
                                                                                                             Commission written notice of the Exchange’s intent        Reference Room, 100 F Street NE.,
                                                    confusion that could result from a                       to file the proposed rule change along with a brief
                                                    temporary interruption in the pilot.                     description and text of the proposed rule change,         Washington, DC 20549, on official
                                                    Thus, the proposal would also serve to                   at least five business days prior to the date of filing   business days between the hours of
                                                    promote regulatory clarity and                           of the proposed rule change, or such shorter time
                                                                                                             as designated by the Commission. The Exchange               12 For purposes only of waiving the operative
                                                    consistency, thereby reducing burdens                    has satisfied this requirement.                           delay, the Commission has considered the proposed
                                                    on the marketplace and facilitating                         10 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                       rule’s impact on efficiency, competition, and capital
                                                    investor protection.                                        11 17 CFR 240.19b–4(f)(6)(iii).                        formation. See 15 U.S.C. 78c(f).



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                                                    44176                            Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices

                                                    10:00 a.m. and 3:00 p.m. Copies of the                   II. Self-Regulatory Organization’s                    generated from the ORF, when
                                                    filing also will be available for                        Statement of the Purpose of, and                      combined with all of the Exchange’s
                                                    inspection and copying at the principal                  Statutory Basis for, the Proposed Rule                other regulatory fees and fines, will
                                                    office of the Exchange. All comments                     Change                                                cover a material portion, but not all, of
                                                    received will be posted without change;                     In its filing with the Commission, the             the Exchange’s regulatory costs. The
                                                    the Commission does not edit personal                    Exchange included statements                          Exchange notes that its regulatory
                                                    identifying information from                             concerning the purpose of and basis for               responsibilities with respect to Permit
                                                    submissions. You should submit only                      the proposed rule change and discussed                Holder compliance with options sales
                                                    information that you wish to make                        any comments it received on the                       practice rules have largely been
                                                    available publicly. All submissions                      proposed rule change. The text of these               allocated to FINRA under a 17d–2
                                                    should refer to File Number SR–MIAX–                     statements may be examined at the                     agreement. The ORF is not designed to
                                                    2015–48 and should be submitted on or                    places specified in Item IV below. The                cover the cost of that options sales
                                                                                                             Exchange has prepared summaries, set                  practice regulation.
                                                    before August 14, 2015.                                                                                           The Exchange will continue to
                                                                                                             forth in sections A, B, and C below, of
                                                      For the Commission, by the Division of
                                                                                                             the most significant aspects of such                  monitor the amount of revenue
                                                    Trading and Markets, pursuant to delegated
                                                                                                             statements.                                           collected from the ORF to ensure that it,
                                                    authority.13                                                                                                   in combination with its other regulatory
                                                    Robert W. Errett,                                        A. Self-Regulatory Organization’s                     fees and fines, does not exceed the
                                                    Deputy Secretary.
                                                                                                             Statement of the Purpose of, and                      Exchange’s total regulatory costs. The
                                                                                                             Statutory Basis for, the Proposed Rule                Exchange monitors its regulatory costs
                                                    [FR Doc. 2015–18136 Filed 7–23–15; 8:45 am]
                                                                                                             Change                                                and revenues at a minimum on a semi-
                                                    BILLING CODE 8011–01–P
                                                                                                             1. Purpose                                            annual basis. If the Exchange
                                                                                                                                                                   determines regulatory revenues exceed
                                                                                                                The Exchange proposes to increase                  or are insufficient to cover a material
                                                    SECURITIES AND EXCHANGE                                  the Options Regulatory Fee (‘‘ORF’’)                  portion of its regulatory costs, the
                                                    COMMISSION                                               from $.0002 to $.0051 per contract in                 Exchange will adjust the ORF by
                                                                                                             order to help offset increased regulatory             submitting a fee change filing to the
                                                    [Release No. 34–75492; File No. SR–C2–                   costs. The proposed fee change would                  Commission. The Exchange notifies
                                                    2015–019]                                                be operative on August 1, 2015.                       Permit Holders of adjustments to the
                                                                                                                The ORF is assessed by the Exchange                ORF via regulatory circular. The
                                                    Self-Regulatory Organizations; C2                        to each Permit Holder for all options                 Exchange endeavors to provide Permit
                                                    Options Exchange, Incorporated;                          transactions executed or cleared by the               Holders with such notice at least 30
                                                    Notice of Filing and Immediate                           Permit Holder that are cleared by The                 calendar days prior to the effective date
                                                    Effectiveness of a Proposed Rule                         Options Clearing Corporation (‘‘OCC’’)                of the change.
                                                    Change Relating to the Options                           in the customer range (i.e., transactions
                                                    Regulatory Fee                                           that clear in a customer account at OCC)              2. Statutory Basis
                                                                                                             regardless of the exchange on which the                  The Exchange believes the proposed
                                                    July 20, 2015.                                           transaction occurs. In other words, the               rule change is consistent with the
                                                       Pursuant to section 19(b)(1) of the                   Exchange imposes the ORF on all                       Securities Exchange Act of 1934 (the
                                                    Securities Exchange Act of 1934,1 and                    customer-range transactions executed by               ‘‘Act’’) and the rules and regulations
                                                    Rule 19b–4 thereunder,2 notice is                        a Permit Holder, even if the transactions             thereunder applicable to the Exchange
                                                    hereby given that on July 10, 2015, C2                   do not take place on the Exchange. The                and, in particular, the requirements of
                                                    Options Exchange, Incorporated (the                      ORF also is charged for transactions that             section 6(b) of the Act.3 Specifically, the
                                                    ‘‘Exchange’’ or ‘‘C2’’) filed with the                   are not executed by a Permit Holder but               Exchange believes the proposed rule
                                                    Securities and Exchange Commission                       are ultimately cleared by a Permit                    change is consistent with section 6(b)(4)
                                                    (the ‘‘Commission’’) the proposed rule                   Holder. In the case where a Permit                    of the Act,4 which provides that
                                                    change as described in Items I, II, and                  Holder executes a transaction and a                   Exchange rules may provide for the
                                                                                                             different Permit Holder clears the                    equitable allocation of reasonable dues,
                                                    III below, which Items have been
                                                                                                             transaction, the ORF is assessed to the               fees, and other charges among its Permit
                                                    prepared by the Exchange. The
                                                                                                             Permit Holder who executed the                        Holders and other persons using its
                                                    Commission is publishing this notice to
                                                                                                             transaction. In the case where a non-                 facilities. Additionally, the Exchange
                                                    solicit comments on the proposed rule
                                                                                                             Permit Holder executes a transaction                  believes the proposed rule change is
                                                    change from interested persons.
                                                                                                             and a Permit Holder clears the                        consistent with the section 6(b)(5) 5
                                                    I. Self-Regulatory Organization’s                        transaction, the ORF is assessed to the               requirement that the rules of an
                                                    Statement of the Terms of Substance of                   Permit Holder who clears the                          exchange not be designed to permit
                                                    the Proposed Rule Change                                 transaction. The ORF is collected                     unfair discrimination between
                                                                                                             indirectly from Permit Holders through                customers, issuers, brokers, or dealers.
                                                       The Exchange proposes to amend the                    their clearing firms by OCC on behalf of                 The Exchange believes the proposed
                                                    Options Regulatory Fee. The text of the                  the Exchange.                                         fee change is reasonable because it
                                                    proposed rule change is available on the                    The ORF is designed to recover a                   would help the Exchange offset
                                                    Exchange’s Web site (http://                             material portion of the costs to the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                   increased regulatory costs but would not
                                                    www.c2exchange.com/Legal/), at the                       Exchange of the supervision and                       result in total regulatory revenue
                                                    Exchange’s Office of the Secretary, and                  regulation of Permit Holder customer                  exceeding total regulatory costs.
                                                    at the Commission’s Public Reference                     options business, including performing                Moreover, the Exchange believes the
                                                    Room.                                                    routine surveillances, investigations,                ORF ensures fairness by assessing
                                                                                                             examinations, financial monitoring, as
                                                      13 17 CFR 200.30–3(a)(12).                             well as policy, rulemaking, interpretive                3 15    U.S.C. 78f(b).
                                                      1 15 U.S.C. 78s(b)(1).                                 and enforcement activities. The                         4 15    U.S.C. 78f(b)(4).
                                                      2 17 CFR 240.19b–4.                                    Exchange believes that revenue                          5 Id.




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Document Created: 2018-02-23 09:25:09
Document Modified: 2018-02-23 09:25:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 44174 

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