81_FR_40496 81 FR 40377 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 510 To Extend the Penny Pilot Program Until December 31, 2016

81 FR 40377 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 510 To Extend the Penny Pilot Program Until December 31, 2016

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 119 (June 21, 2016)

Page Range40377-40379
FR Document2016-14560

Federal Register, Volume 81 Issue 119 (Tuesday, June 21, 2016)
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40377-40379]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14560]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78080; File No. SR-MIAX-2016-16]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Exchange Rule 510 To Extend the Penny 
Pilot Program Until December 31, 2016

June 15, 2016.
    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 June 13, 2016, 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.
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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 510, 
Interpretations and Policies .01 to extend the pilot program for the 
quoting and trading of certain options in pennies (the ``Penny Pilot 
Program'').
    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

[[Page 40378]]

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 is a participant in an industry-wide pilot program 
that provides for the quoting and trading of certain option classes in 
penny increments (the ``Penny Pilot Program'' or ``Program''). The 
Penny Pilot Program allows the quoting and trading of certain option 
classes in minimum increments of $0.01 for all series in such option 
classes with a price of less than $3.00; and in minimum increments of 
$0.05 for all series in such option classes with a price of $3.00 or 
higher. Options overlying the PowerShares QQQTM (``QQQ''), 
SPDR[supreg] S&P 500[supreg] ETF (``SPY''), and iShares[supreg] Russell 
2000 ETF (``IWM''), however, are quoted and traded in minimum 
increments of $0.01 for all series regardless of the price. The Penny 
Pilot Program was initiated at the then existing option exchanges in 
January 2007 \3\ and currently includes more than 300 of the most 
active option classes. The Penny Pilot Program is currently scheduled 
to expire on June 30, 2016.\4\ The purpose of the proposed rule change 
is to extend the Penny Pilot Program in its current format through 
December 31, 2016.
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    \3\ See Securities Exchange Act Release Nos. 55154 (January 23, 
2007), 72 FR 4743 (February 1, 2007) (SR-CBOE-2006-92); 54603 
(October 16, 2006), 72 FR 4754 (February 1, 2007) (SR-ISE-2006-62); 
54688 (November 2, 2006), 71 FR 239 (December 13, 2006) (SR-Phlx-
2006-74); 54590 (October 12, 2006), 71 FR 201 (October 18, 2006) 
(SR-NYSEArca-2006-73); and 54741 (November 9, 2006), 71 FR 223 
(November 20, 2006) (SR-Amex-2006-106).
    \4\ See Securities Exchange Act Release No. 75284 (June 24, 
2015), 78 FR 37349 (June 30, 2015) (SR-MIAX-2015-40)(extending the 
Penny Pilot Program from June 30, 2015, to June 30, 2016).
---------------------------------------------------------------------------

    In addition to the extension of the Penny Pilot Program through 
December 31, 2016, the Exchange proposes to extend one other date in 
the Rule. Currently, Interpretations and Policies .01 states that the 
Exchange will replace any Penny Pilot issues that have been delisted 
with the next most actively traded multiply listed option classes that 
are not yet included in the Penny Pilot Program, and that the 
replacement issues will be selected based on trading activity in the 
previous six months. Such option classes will be added to the Penny 
Pilot Program on the second trading day following July 1, 2015, and 
January 1, 2016.\5\ Because these dates have expired and the Exchange 
intends to continue this practice for the duration of the Penny Pilot 
Program, the Exchange is proposing to amend the Rule to reflect that 
such option classes will be added to the Penny Pilot Program on the 
second trading day following July 1, 2016.
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    \5\ The month immediately preceding a replacement class's 
addition to the Pilot Program (i.e., June) is not used for purposes 
of the six-month analysis. For example, a replacement added on the 
second trading day following July 1, 2016, will be identified based 
on trading activity from December 1, 2015, through May 31, 2016.
---------------------------------------------------------------------------

    The purpose of this provision is to reflect the new date on which 
replacement issues may be added to the Penny Pilot Program.
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 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.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change, which extends the Penny 
Pilot Program for six months, allows the Exchange to continue to 
participate in a program that has been viewed as beneficial to traders, 
investors and public customers and viewed as successful by the other 
options exchanges participating in it.

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. Specifically, the Exchange 
believes that, by extending the expiration of the Pilot Program, the 
proposed rule change will allow for further analysis of the Penny Pilot 
Program and a determination of how the Program should be structured in 
the future. In doing so, the proposed rule change will also serve to 
promote regulatory clarity and consistency, thereby reducing burdens on 
the marketplace, facilitating investor protection, and fostering a 
competitive environment. In addition, consistent with previous 
practices, the Exchange believes the other options exchanges will be 
filing similar extensions of the Penny Pilot Program.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\ 
Because the 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 prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally 
does not become operative prior to 30 days after the date of the 
filing.\11\ However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the 
Commission may designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the

[[Page 40379]]

Commission to waive the 30-day operative delay so that the proposal may 
become operative immediately upon filing. The Commission believes that 
waiving the 30-day operative delay is consistent with the protection of 
investors and the public interest because doing so will allow the Pilot 
Program to continue without interruption in a manner that is consistent 
with the Commission's prior approval of the extension and expansion of 
the Pilot Program and will allow the Exchange and the Commission 
additional time to analyze the impact of the Pilot Program. 
Accordingly, the Commission designates the proposed rule change as 
operative upon filing with the Commission.\13\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
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 the 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 pre-filing requirement.
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the operative delay for this 
proposal, 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 such 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) \14\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 [email protected]. Please include 
File Number SR-MIAX-2016-16 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-MIAX-2016-16. 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 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-2016-16 and 
should be submitted on or before July 12, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14560 Filed 6-20-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices                                                  40377

                                                    VI. Accelerated Approval of Proposed                    be, and hereby is approved on an                       within which to take action on the
                                                    Rule Change, as Modified by                             accelerated basis.                                     proposed rule change so that it has
                                                    Amendment Nos. 1, 2, and 3                                For the Commission, by the Division of               sufficient time to consider the proposed
                                                       The Commission finds good cause,                     Trading and Markets, pursuant to delegated             rule change. Accordingly, the
                                                    pursuant to Section 19(b)(2) of the                     authority.193                                          Commission, pursuant to section
                                                    Exchange Act, to approve the proposed                   Robert W. Errett,                                      19(b)(2) of the Act,5 designates August
                                                    rule change, as modified by Amendment                   Deputy Secretary.                                      10, 2016, as the date by which the
                                                    Nos. 1, 2, and 3, prior to the 30th day                 [FR Doc. 2016–14561 Filed 6–20–16; 8:45 am]
                                                                                                                                                                   Commission should either approve or
                                                    after the date of publication of                                                                               disapprove or institute proceedings to
                                                                                                            BILLING CODE 8011–01–P
                                                    Amendment No. 3 in the Federal                                                                                 determine whether to disapprove the
                                                    Register. FINRA proposed the changes                                                                           proposed rule change (File Number SR–
                                                    in Amendment No. 3 in response to                       SECURITIES AND EXCHANGE                                NASDAQ–2016–064).
                                                    issues raised by commenters.190                         COMMISSION                                               For the Commission, by the Division of
                                                       More specifically, Amendment No. 3                                                                          Trading and Markets, pursuant to delegated
                                                                                                            [Release No. 34–78078; File No. SR–                    authority.6
                                                    revised the proposal to increase the
                                                                                                            NASDAQ–2016–064]
                                                    gross open position exception from $2.5                                                                        Robert W. Errett,
                                                    million or less to $10 million or less.                 Self-Regulatory Organizations; The                     Deputy Secretary.
                                                    Second, FINRA revised the proposed                      NASDAQ Stock Market LLC; Notice of                     [FR Doc. 2016–14558 Filed 6–20–16; 8:45 am]
                                                    language in new Supplementary                           Designation of a Longer Period for                     BILLING CODE 8011–01–P
                                                    Material .05(a)(1) to delete the clause                 Commission Action on a Proposed
                                                    ‘‘except with respect to any account or                 Rule Change Relating to the Listing
                                                    group of commonly controlled accounts                   and Trading of the Shares of the First                 SECURITIES AND EXCHANGE
                                                    whose assets managed by that                            Trust Strategic Mortgage REIT ETF of                   COMMISSION
                                                    investment adviser constitute more than                 First Trust Exchange-Traded Fund VIII                  [Release No. 34–78080; File No. SR–MIAX–
                                                    10 percent of the investment adviser’s                                                                         2016–16]
                                                    regulatory assets under management as                   June 15, 2016.
                                                    reported on the investment adviser’s                       On May 3, 2016, The NASDAQ Stock                    Self-Regulatory Organizations; Miami
                                                    most recent Form ADV.’’ The                             Market LLC (‘‘Nasdaq’’) filed with the                 International Securities Exchange LLC;
                                                    Commission believes that the changes                    Securities and Exchange Commission                     Notice of Filing and Immediate
                                                    proposed in Amendment No. 3 do not                      (‘‘Commission’’), pursuant to section                  Effectiveness of a Proposed Rule
                                                    raise any novel regulatory issues                       19(b)(1) of the Securities Exchange Act                Change To Amend Exchange Rule 510
                                                    because they provide greater clarity                    of 1934 (‘‘Act’’) 1 and Rule 19b–4                     To Extend the Penny Pilot Program
                                                    with respect to the application of the                  thereunder,2 a proposed rule change to                 Until December 31, 2016
                                                    proposed rule change and will reduce                    list and trade shares of the First Trust
                                                    the regulatory burden on FINRA                          Strategic Mortgage REIT ETF of First                   June 15, 2016.
                                                    members, particularly smaller firms and                 Trust Exchange-Traded Fund VIII under                     Pursuant to the provisions of Section
                                                    counterparties. Therefore, the                          Nasdaq Rule 5735. The proposed rule                    19(b)(1) of the Securities Exchange Act
                                                    Commission finds that Amendment No.                     change was published for comment in                    of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    3 is consistent with the protection of                  the Federal Register on May 12, 2016.3                 thereunder,2 notice is hereby given that
                                                    investors and the public interest.                      The Commission received no comments                    on June 13, 2016, Miami International
                                                       Amendment No. 3 also clarified                       on the proposed rule change.                           Securities Exchange LLC (‘‘MIAX’’ or
                                                    which paragraphs related to the                            Section 19(b)(2) of the Act 4 provides              ‘‘Exchange’’) filed with the Securities
                                                    required written risk limit                             that, within 45 days of the publication                and Exchange Commission
                                                    determinations become effective six                     of notice of the filing of a proposed rule             (‘‘Commission’’) a proposed rule change
                                                    months after Commission approval of                     change, or within such longer period up                as described in Items I and II below,
                                                    the proposed rule change. The                           to 90 days as the Commission may                       which Items have been prepared by the
                                                    Commission believes that these are                      designate if it finds such longer period               Exchange. The Commission is
                                                    technical clarifications and do not                     to be appropriate and publishes its                    publishing this notice to solicit
                                                    change the substance of the proposed                    reasons for so finding or as to which the              comments on the proposed rule change
                                                    implementation timeframe as proposed                    self-regulatory organization consents,                 from interested persons.
                                                    in the Order Instituting Proceedings and                the Commission shall either approve the
                                                    the Amendment No. 2 Notice.                                                                                    I. Self-Regulatory Organization’s
                                                                                                            proposed rule change, disapprove the                   Statement of the Terms of Substance of
                                                       Accordingly, the Commission finds                    proposed rule change, or institute
                                                    good cause pursuant to Section 19(b)(2)                                                                        the Proposed Rule Change
                                                                                                            proceedings to determine whether the
                                                    of the Exchange Act,191 for approving                   proposed rule change should be                            The Exchange is filing a proposal to
                                                    the proposed rule change, as modified                   disapproved. The 45th day after                        amend Exchange Rule 510,
                                                    by Amendment Nos. 1, 2, and 3, on an                    publication of the notice for this                     Interpretations and Policies .01 to
                                                    accelerated basis.                                      proposed rule change is June 26, 2016.                 extend the pilot program for the quoting
                                                                                                            The Commission is extending this 45-                   and trading of certain options in
                                                    VII. Conclusion
                                                                                                            day time period.                                       pennies (the ‘‘Penny Pilot Program’’).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      IT IS THEREFORE ORDERED,                                 The Commission finds that it is                        The text of the proposed rule change
                                                    pursuant to section 19(b)(2) of the                     appropriate to designate a longer period               is available on the Exchange’s Web site
                                                    Exchange Act,192 that the proposed rule                                                                        at http://www.miaxoptions.com/filter/
                                                    change, as modified by Amendment                          193 17 CFR 200.30–3(a)(12).                          wotitle/rule_filing, at MIAX’s principal
                                                    Nos. 1, 2, and 3 (SR–FINRA–2015–036)                      1 15 U.S.C. 78s(b)(1).
                                                                                                              2 17 CFR 240.19b–4.                                    5 15 U.S.C. 78s(b)(2).
                                                      190 See Amendment No. 3, supra note 14.                 3 See Securities Exchange Act Release No. 77781        6 17 CFR 200.30–3(a)(31).
                                                      191 15 U.S.C. 78s(b)(2).                              (May 6, 2016), 81 FR 29590 (‘‘Notice’’).                 1 15 U.S.C. 78s(b)(1).
                                                      192 15 U.S.C. 78s(b)(2).                                4 15 U.S.C. 78s(b)(2).                                 2 17 CFR 240.19b–4.




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                                                    40378                          Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices

                                                    office, and at the Commission’s Public                  31, 2016, the Exchange proposes to                       necessary or appropriate in furtherance
                                                    Reference Room.                                         extend one other date in the Rule.                       of the purposes of the Act. Specifically,
                                                                                                            Currently, Interpretations and Policies                  the Exchange believes that, by extending
                                                    II. Self-Regulatory Organization’s
                                                                                                            .01 states that the Exchange will replace                the expiration of the Pilot Program, the
                                                    Statement of the Purpose of, and
                                                                                                            any Penny Pilot issues that have been                    proposed rule change will allow for
                                                    Statutory Basis for, the Proposed Rule
                                                                                                            delisted with the next most actively                     further analysis of the Penny Pilot
                                                    Change
                                                                                                            traded multiply listed option classes                    Program and a determination of how the
                                                       In its filing with the Commission, the               that are not yet included in the Penny                   Program should be structured in the
                                                    Exchange included statements                            Pilot Program, and that the replacement                  future. In doing so, the proposed rule
                                                    concerning the purpose of and basis for                 issues will be selected based on trading                 change will also serve to promote
                                                    the proposed rule change and discussed                  activity in the previous six months.                     regulatory clarity and consistency,
                                                    any comments it received on the                         Such option classes will be added to the                 thereby reducing burdens on the
                                                    proposed rule change. The text of these                 Penny Pilot Program on the second                        marketplace, facilitating investor
                                                    statements may be examined at the                       trading day following July 1, 2015, and                  protection, and fostering a competitive
                                                    places specified in Item IV below. The                  January 1, 2016.5 Because these dates                    environment. In addition, consistent
                                                    Exchange has prepared summaries, set                    have expired and the Exchange intends                    with previous practices, the Exchange
                                                    forth in sections A, B, and C below, of                 to continue this practice for the duration               believes the other options exchanges
                                                    the most significant aspects of such                    of the Penny Pilot Program, the                          will be filing similar extensions of the
                                                    statements.                                             Exchange is proposing to amend the                       Penny Pilot Program.
                                                    A. Self-Regulatory Organization’s                       Rule to reflect that such option classes                 C. Self-Regulatory Organization’s
                                                    Statement of the Purpose of, and                        will be added to the Penny Pilot                         Statement on Comments on the
                                                    Statutory Basis for, the Proposed Rule                  Program on the second trading day                        Proposed Rule Change Received From
                                                    Change                                                  following July 1, 2016.                                  Members, Participants, or Others
                                                                                                               The purpose of this provision is to
                                                    1. Purpose                                              reflect the new date on which                              Written comments were neither
                                                       The Exchange is a participant in an                  replacement issues may be added to the                   solicited nor received.
                                                    industry-wide pilot program that                        Penny Pilot Program.                                     III. Date of Effectiveness of the
                                                    provides for the quoting and trading of                                                                          Proposed Rule Change and Timing for
                                                    certain option classes in penny                         2. Statutory Basis
                                                                                                                                                                     Commission Action
                                                    increments (the ‘‘Penny Pilot Program’’                    MIAX believes that its proposed rule
                                                                                                                                                                        The Exchange has filed the proposed
                                                    or ‘‘Program’’). The Penny Pilot Program                change is consistent with Section 6(b) of
                                                                                                                                                                     rule change pursuant to Section
                                                    allows the quoting and trading of certain               the Act 6 in general, and furthers the
                                                                                                                                                                     19(b)(3)(A)(iii) of the Act 8 and Rule
                                                    option classes in minimum increments                    objectives of Section 6(b)(5) of the Act 7
                                                                                                                                                                     19b–4(f)(6) thereunder.9 Because the
                                                    of $0.01 for all series in such option                  in particular, in that it is designed to
                                                                                                                                                                     proposed rule change does not: (i)
                                                    classes with a price of less than $3.00;                prevent fraudulent and manipulative
                                                                                                                                                                     Significantly affect the protection of
                                                    and in minimum increments of $0.05 for                  acts and practices, to promote just and
                                                                                                                                                                     investors or the public interest; (ii)
                                                    all series in such option classes with a                equitable principles of trade, to foster
                                                                                                                                                                     impose any significant burden on
                                                    price of $3.00 or higher. Options                       cooperation and coordination with
                                                                                                                                                                     competition; and (iii) become operative
                                                    overlying the PowerShares QQQTM                         persons engaged in facilitating
                                                                                                                                                                     prior to 30 days from the date on which
                                                    (‘‘QQQ’’), SPDR® S&P 500® ETF                           transactions in securities, to remove
                                                                                                                                                                     it was filed, or such shorter time as the
                                                    (‘‘SPY’’), and iShares® Russell 2000 ETF                impediments to and perfect the
                                                                                                                                                                     Commission may designate, if
                                                    (‘‘IWM’’), however, are quoted and                      mechanisms of a free and open market
                                                                                                                                                                     consistent with the protection of
                                                    traded in minimum increments of $0.01                   and a national market system and, in
                                                                                                                                                                     investors and the public interest, the
                                                    for all series regardless of the price. The             general, to protect investors and the
                                                                                                                                                                     proposed rule change has become
                                                    Penny Pilot Program was initiated at the                public interest.
                                                                                                                                                                     effective pursuant to Section 19(b)(3)(A)
                                                    then existing option exchanges in                          In particular, the proposed rule
                                                                                                                                                                     of the Act and Rule 19b–4(f)(6)(iii)
                                                    January 2007 3 and currently includes                   change, which extends the Penny Pilot
                                                                                                                                                                     thereunder.
                                                    more than 300 of the most active option                 Program for six months, allows the
                                                                                                                                                                        A proposed rule change filed under
                                                    classes. The Penny Pilot Program is                     Exchange to continue to participate in a
                                                                                                                                                                     Rule 19b–4(f)(6) 10 normally does not
                                                    currently scheduled to expire on June                   program that has been viewed as
                                                                                                                                                                     become operative prior to 30 days after
                                                    30, 2016.4 The purpose of the proposed                  beneficial to traders, investors and
                                                                                                                                                                     the date of the filing.11 However,
                                                    rule change is to extend the Penny Pilot                public customers and viewed as
                                                                                                                                                                     pursuant to Rule 19b–4(f)(6)(iii),12 the
                                                    Program in its current format through                   successful by the other options
                                                                                                                                                                     Commission may designate a shorter
                                                    December 31, 2016.                                      exchanges participating in it.
                                                                                                                                                                     time if such action is consistent with the
                                                       In addition to the extension of the
                                                                                                            B. Self-Regulatory Organization’s                        protection of investors and the public
                                                    Penny Pilot Program through December
                                                                                                            Statement on Burden on Competition                       interest. The Exchange has asked the
                                                       3 See Securities Exchange Act Release Nos. 55154       The Exchange does not believe that                       8 15
                                                    (January 23, 2007), 72 FR 4743 (February 1, 2007)                                                                        U.S.C. 78s(b)(3)(A)(iii).
                                                                                                            the proposed rule change will impose                       9 17  CFR 240.19b–4(f)(6).
                                                    (SR–CBOE–2006–92); 54603 (October 16, 2006), 72
                                                    FR 4754 (February 1, 2007) (SR–ISE–2006–62);
                                                                                                            any burden on competition that is not                      10 17 CFR 240.19b–4(f)(6).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    54688 (November 2, 2006), 71 FR 239 (December                                                                      11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                               5 The month immediately preceding a
                                                    13, 2006) (SR–Phlx–2006–74); 54590 (October 12,                                                                  4(f)(6)(iii) requires the Exchange to give the
                                                    2006), 71 FR 201 (October 18, 2006) (SR–                replacement class’s addition to the Pilot Program        Commission written notice of the Exchange’s intent
                                                    NYSEArca–2006–73); and 54741 (November 9,               (i.e., June) is not used for purposes of the six-month   to file the proposed rule change along with a brief
                                                    2006), 71 FR 223 (November 20, 2006) (SR–Amex–          analysis. For example, a replacement added on the        description and the text of the proposed rule
                                                    2006–106).                                              second trading day following July 1, 2016, will be       change, at least five business days prior to the date
                                                       4 See Securities Exchange Act Release No. 75284      identified based on trading activity from December       of filing of the proposed rule change, or such
                                                    (June 24, 2015), 78 FR 37349 (June 30, 2015) (SR–       1, 2015, through May 31, 2016.                           shorter time as designated by the Commission. The
                                                                                                               6 15 U.S.C. 78f(b).                                   Exchange has satisfied this pre-filing requirement.
                                                    MIAX–2015–40)(extending the Penny Pilot Program
                                                    from June 30, 2015, to June 30, 2016).                     7 15 U.S.C. 78f(b)(5).                                  12 17 CFR 240.19b–4(f)(6)(iii).




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                                                                                   Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices                                           40379

                                                    Commission to waive the 30-day                          only one method. The Commission will                   prepared by the self-regulatory
                                                    operative delay so that the proposal may                post all comments on the Commission’s                  organization. The Commission is
                                                    become operative immediately upon                       Internet Web site (http://www.sec.gov/                 publishing this notice to solicit
                                                    filing. The Commission believes that                    rules/sro.shtml).                                      comments on the proposed rule change
                                                    waiving the 30-day operative delay is                      Copies of the submission, all                       from interested persons.
                                                    consistent with the protection of                       subsequent amendments, all written
                                                    investors and the public interest                       statements with respect to the proposed                I. Self-Regulatory Organization’s
                                                    because doing so will allow the Pilot                   rule change that are filed with the                    Statement of the Terms of Substance of
                                                    Program to continue without                             Commission, and all written                            the Proposed Rule Change
                                                    interruption in a manner that is                        communications relating to the                            The Exchange proposes to amend the
                                                    consistent with the Commission’s prior                  proposed rule change between the                       NYSE Arca Options Fee Schedule. The
                                                    approval of the extension and expansion                 Commission and any person, other than                  proposed rule change is available on the
                                                    of the Pilot Program and will allow the                 those that may be withheld from the                    Exchange’s Web site at www.nyse.com,
                                                    Exchange and the Commission                             public in accordance with the                          at the principal office of the Exchange,
                                                    additional time to analyze the impact of                provisions of 5 U.S.C. 552, will be                    and at the Commission’s Public
                                                    the Pilot Program. Accordingly, the                     available for Web site viewing and                     Reference Room.
                                                    Commission designates the proposed                      printing in the Commission’s Public
                                                    rule change as operative upon filing                    Reference Room, 100 F Street NE.,                      II. Self-Regulatory Organization’s
                                                    with the Commission.13                                  Washington, DC 20549, on official                      Statement of the Purpose of, and
                                                       At any time within 60 days of the                    business days between the hours of                     Statutory Basis for, the Proposed Rule
                                                    filing of such proposed rule change, the                10:00 a.m. and 3:00 p.m. Copies of the                 Change
                                                    Commission summarily may                                filing also will be available for                        In its filing with the Commission, the
                                                    temporarily suspend such rule change if                 inspection and copying at the principal                self-regulatory organization included
                                                    it appears to the Commission that such                  office of the Exchange. All comments                   statements concerning the purpose of,
                                                    action is necessary or appropriate in the               received will be posted without change;                and basis for, the proposed rule change
                                                    public interest, for the protection of                  the Commission does not edit personal                  and discussed any comments it received
                                                    investors, or otherwise in furtherance of               identifying information from                           on the proposed rule change. The text
                                                    the purposes of the Act. If the                         submissions. You should submit only                    of those statements may be examined at
                                                    Commission takes such action, the                       information that you wish to make                      the places specified in Item IV below.
                                                    Commission shall institute proceedings                  available publicly.                                    The Exchange has prepared summaries,
                                                    under Section 19(b)(2)(B) 14 of the Act to                 All submissions should refer to File                set forth in sections A, B, and C below,
                                                    determine whether the proposed rule                     Number SR–MIAX–2016–16 and should                      of the most significant parts of such
                                                    change should be approved or                            be submitted on or before July 12, 2016.               statements.
                                                    disapproved.                                              For the Commission, by the Division of               A. Self-Regulatory Organization’s
                                                    IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated
                                                                                                            authority.15
                                                                                                                                                                   Statement of the Purpose of, and the
                                                      Interested persons are invited to                                                                            Statutory Basis for, the Proposed Rule
                                                                                                            Robert W. Errett,
                                                    submit written data, views, and                                                                                Change
                                                                                                            Deputy Secretary.
                                                    arguments concerning the foregoing,                                                                            1. Purpose
                                                                                                            [FR Doc. 2016–14560 Filed 6–20–16; 8:45 am]
                                                    including whether the proposed rule
                                                    change is consistent with the Act.
                                                                                                            BILLING CODE 8011–01–P                                    The purpose of this filing is to amend
                                                    Comments may be submitted by any of                                                                            the Fee Schedule to introduce a new
                                                    the following methods:                                                                                         alternative for qualifying for the
                                                                                                            SECURITIES AND EXCHANGE                                Customer and Professional Customer
                                                    Electronic Comments                                     COMMISSION                                             Incentive Program, as described below.
                                                      • Use the Commission’s Internet                       [Release No. 34–78076; File No. SR–                    The Exchange proposes to implement
                                                    comment form (http://www.sec.gov/                       NYSEARCA–2016–86]                                      the fee change effective June 6, 2016.
                                                    rules/sro.shtml); or                                                                                              The Exchange is proposing to
                                                      • Send an email to rule-comments@                     Self-Regulatory Organizations; NYSE                    introduce a new tier to the Incentive
                                                    sec.gov. Please include File Number SR–                 Arca, Inc.; Notice of Filing and                       Program, which provides OTP Holders
                                                    MIAX–2016–16 on the subject line.                       Immediate Effectiveness of Proposed                    and OTP Firms (collectively, ‘‘OTPs’’)
                                                                                                            Rule Change To Amend the NYSE Arca                     several alternatives to earn additional
                                                    Paper Comments                                          Options Fee Schedule                                   posting credits ranging from $0.01 to
                                                      • Send paper comments in triplicate                                                                          $0.05. Specifically, the Exchange
                                                                                                            June 15, 2016.
                                                    to Brent J. Fields, Secretary, Securities                                                                      proposes to add a new alternative that
                                                                                                               Pursuant to section 19(b)(1) 1 of the
                                                    and Exchange Commission, 100 F Street                                                                          would enable OTPs to earn a $0.03
                                                                                                            Securities Exchange Act of 1934 (the
                                                    NE., Washington, DC 20549–1090.                                                                                credit if they achieve at least 1.50% of
                                                                                                            ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    All submissions should refer to File                    notice is hereby given that, on June 6,                Total Industry Customer equity and ETF
                                                    Number SR–MIAX–2016–16. This file                       2016, NYSE Arca, Inc. (the ‘‘Exchange’’                option ADV (‘‘TCADV’’) from Customer
                                                    number should be included on the                        or ‘‘NYSE Arca’’) filed with the                       and Professional Customer Posted
                                                    subject line if email is used. To help the                                                                     Orders in both Penny Pilot and non-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Securities and Exchange Commission
                                                    Commission process and review your                      (the ‘‘Commission’’) the proposed rule                 Penny Pilot Issues, Plus Executed ADV
                                                    comments more efficiently, please use                   change as described in Items I, II, and                of 0.10% of U.S. Equity Market Share
                                                                                                            III below, which Items have been                       Posted and Executed on NYSE Arca
                                                       13 For purposes only of waiving the operative
                                                                                                                                                                   Equity Market. The Exchange believes
                                                    delay for this proposal, the Commission has                                                                    this new credit would provide
                                                                                                              15 17 CFR 200.30–3(a)(12).
                                                    considered the proposed rule’s impact on
                                                    efficiency, competition, and capital formation. See       1 15 U.S.C.78s(b)(1).                                additional incentive to direct Customer
                                                    15 U.S.C. 78c(f).                                         2 15 U.S.C. 78a.                                     and Professional Customer order flow to
                                                       14 15 U.S.C. 78s(b)(2)(B).                             3 17 CFR 240.19b–4.                                  the Exchange, which benefits all market


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Document Created: 2016-06-21 01:30:24
Document Modified: 2016-06-21 01:30:24
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 Citation81 FR 40377 

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