81_FR_6581 81 FR 6556 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 301

81 FR 6556 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 301

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 25 (February 8, 2016)

Page Range6556-6558
FR Document2016-02335

Federal Register, Volume 81 Issue 25 (Monday, February 8, 2016)
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6556-6558]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02335]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77035; File No. SR-MIAX-2016-02]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Exchange Rule 301

February 2, 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 January 20, 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.
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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 301, Just 
and Equitable Principles of Trade, to add Interpretations and Policies 
.03 to Rule 301 to state in the Exchange's rules that the practice of 
unbundling an order is considered conduct inconsistent with just and 
equitable principles of trade.
    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 amend Exchange Rule 301, Just and 
Equitable Principles of Trade, to add Interpretations and Policies .03 
to Rule 301 that states that the practice of unbundling an order is 
considered conduct inconsistent with just and equitable principles of 
trade. The proposal codifies existing Exchange procedures when dealing 
with the unlawful bundling of orders.
    The purpose of the proposed rule change is to amend Exchange Rule 
301 by adding a new Interpretations and Policies .03 to Rule 301 which 
will expressly prohibit the splitting-up of an order into smaller 
orders; a practice also known as unbundling, or trade shredding. More 
specifically, the Exchange is proposing to add language to its existing 
rules to prohibit Members \3\ from splitting orders into multiple 
smaller orders for any purpose other than best execution.
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    \3\ The term ``Member'' means an individual or organization 
approved to exercise trading rights associated with a Trading 
Permit. Members are deemed ``members'' under the Exchange Act. See 
Exchange Rule 100.
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    Unbundling, or trade shredding, is the practice of breaking up an 
order into multiple smaller orders for some purpose other than best 
execution of the order. The practice of unbundling has in the past been 
used for such purposes as improperly maximizing commissions and fees 
charged to customers, distorting trade data, or circumventing rules 
pertaining to maximum order size. In addition, the unbundling of a 
large order into several smaller orders could be done so as to affect 
the allocation of a trade among market participants pursuant to the 
allocation methodology

[[Page 6557]]

used by the Exchange.\4\ Finally, the Exchange believes that the 
unbundling of orders generally serves no purpose to the customer that 
entered the order and may cause unnecessary delays in the execution of 
said orders.
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    \4\ For example, pursuant to Exchange Rule 514(g)(2), small size 
orders, or orders of five contracts or less, are allocated to the 
Primary Lead Market Maker (``PLMM'') if the PLMM has a priority 
quote at the NBBO. If a Member was to break up a large order into 
several smaller orders of five contracts or less, the PLMM could 
unfairly garner a greater trade allocation than it was otherwise 
entitled to.
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    Pursuant to Exchange Rule 301, Members must observe high standards 
of commercial honor and just and equitable principles of trade. The 
Exchange would consider a Member to have engaged in conduct 
inconsistent with just and equitable principles of trade were they to 
unbundle an order which (1) distorts fees and/or commissions to the 
detriment of a customer or the Exchange, (2) causes an unnecessary 
delay in the execution of an order, or (3) circumvents an Exchange rule 
or federal securities law, including those rules pertaining to order 
size and trade allocation. Members engaging in conduct inconsistent 
with just and equitable principles of trade are subject to formal 
disciplinary action by the Exchange.
    The Exchange now proposes to adopt Interpretations and Policies .03 
to Rule 301, which will expressly state that the Exchange considers it 
to be conduct inconsistent with just and equitable principles of trade 
for a Member to split an order into multiple smaller orders for any 
purpose other than seeking the best execution of the entire order.
    The Exchange believes that, by adopting this proposed language 
which serves to codify existing Exchange procedures when dealing with 
the unlawful unbundling of orders, it will deter and help to prevent 
this distortive practice, and therefore promote just and equitable 
principles of trade.
    The Exchange notes that it considers unbundling, among other 
things, to be conduct inconsistent with just and equitable principles 
of trade in the rules governing its price improvement mechanism, MIAX 
PRIME.\5\ The Exchange notes further that other US options exchanges 
have rules prohibiting the unbundling of orders for a variety of 
reasons, including the early termination of any price improvement 
mechanism auction conducted by an exchange, and violations of these 
rules may be considered conduct inconsistent with just and equitable 
principles of trade.\6\
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    \5\ Specifically, it shall be considered conduct inconsistent 
with just and equitable principles of trade, in accordance with Rule 
301, for any Member to enter orders, quotes, Agency Orders, or other 
responses for the purpose of disrupting or manipulating the Auction. 
Such conduct includes, but is not limited to, engaging in a pattern 
or practice of submitting unrelated orders that cause an Auction to 
conclude before the end of the RFR period and engaging in a pattern 
of conduct where the Member submitting the Agency Order into the 
PRIME breaks up the Agency Order into separate orders for two (2) or 
fewer contracts for the purpose of gaining a higher allocation 
percentage than the Member would have otherwise received in 
accordance with the allocation procedures contained in paragraph 
(a)(2)(iii) or (b)(2)(iii) above. See Exchange Rule 515A, 
Interpretations and Policies .01.
    \6\ See Securities Exchange Act Release Nos. 62667 (August 9, 
2010), 75 FR 50013 (August 16, 2010) (SR-NYSEAmex-2010-77) (adopting 
NYSE Amex Rule 995NY(d)); and 52872 (December 1, 2005), 70 FR 73043 
(December 8, 2005), (SR-CBOE-2005-92) (adopting CBOE Rule 4.23). See 
also International Securities Exchange LLC Rule 723 Supplementary 
Material .01 (prohibiting the entering of orders, quotes, Agency 
Orders, Counter-Side Orders or Improvement Orders for the purpose of 
disrupting or manipulating the Price Improvement Mechanism Auction), 
CBOE Rule 6.74A Interpretations and Policies .02 (prohibiting the 
submission of unrelated orders that cause an Automated Improvement 
Mechanism Auction to conclude before the end of the RFR period) and 
NASDAQ OMX PHLX LLC Rule 1080(b)(iii).
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2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with 
Section 6(b) of the Act \7\ in general, and furthers the objectives of 
Section 6(b)(5) of the Act \8\ 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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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change is designed to protect investors and the 
public interest and to promote just and equitable principles of trade 
by preventing the distortive practice of unbundling, or trade 
shredding, which conduct is considered inconsistent with the just and 
equitable principles of trade.

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 the proposed changes will not impose any burden on intra-
market competition because it applies to all MIAX participants equally. 
In addition, the Exchange does not believe the proposal will impose any 
burden on inter-market competition as the proposal is intended to 
protect investors by preventing the distortive practice of unbundling, 
or trade shredding.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate, it has become effective 
pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) 
\10\ thereunder.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its 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.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \11\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay. The 
Exchange states that waiver of the operative delay would enable market 
participants to benefit from the proposed language codifying existing 
Exchange procedures when dealing with the unlawful unbundling of orders 
and would help to prevent this distortive practice. For this reason, 
the Commission believes that waiver of the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Therefore, the Commission hereby waives the operative delay and 
designates the proposed rule change operative upon filing.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).

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[[Page 6558]]

    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 [email protected]. Please include 
File Number SR-MIAX-2016-02 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-2016-02. 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-2016-02 and should be 
submitted on or before February 29, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
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    \14\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-02335 Filed 2-5-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    6556                         Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices

                                                       At any time within 60 days of the                    submissions. You should submit only                   II. Self-Regulatory Organization’s
                                                    filing of the proposed rule change, the                 information that you wish to make                     Statement of the Purpose of, and
                                                    Commission summarily may                                available publicly. All submissions                   Statutory Basis for, the Proposed Rule
                                                    temporarily suspend such rule change if                 should refer to File Number SR–FINRA–                 Change
                                                    it appears to the Commission that such                  2016–003, and should be submitted on
                                                    action is necessary or appropriate in the                                                                       In its filing with the Commission, the
                                                                                                            or before February 29, 2016.
                                                    public interest, for the protection of                                                                        Exchange included statements
                                                    investors, or otherwise in furtherance of                 For the Commission, by the Division of              concerning the purpose of and basis for
                                                    the purposes of the Act. If the                         Trading and Markets, pursuant to delegated            the proposed rule change and discussed
                                                    Commission takes such action, the                       authority.10                                          any comments it received on the
                                                    Commission shall institute proceedings                  Robert W. Errett,                                     proposed rule change. The text of these
                                                    to determine whether the proposed rule                  Deputy Secretary.                                     statements may be examined at the
                                                    should be approved or disapproved.                      [FR Doc. 2016–02331 Filed 2–5–16; 8:45 am]            places specified in Item IV below. The
                                                                                                                                                                  Exchange has prepared summaries, set
                                                    IV. Solicitation of Comments                            BILLING CODE 8011–01–P
                                                                                                                                                                  forth in sections A, B, and C below, of
                                                      Interested persons are invited to                                                                           the most significant aspects of such
                                                    submit written data, views, and                         SECURITIES AND EXCHANGE                               statements.
                                                    arguments concerning the foregoing,
                                                                                                            COMMISSION                                            A. Self-Regulatory Organization’s
                                                    including whether the proposed rule
                                                                                                                                                                  Statement of the Purpose of, and
                                                    change is consistent with the Act.
                                                    Comments may be submitted by any of                     [Release No. 34–77035; File No. SR–MIAX–              Statutory Basis for, the Proposed Rule
                                                    the following methods:                                  2016–02]                                              Change

                                                    Electronic Comments                                                                                           1. Purpose
                                                                                                            Self-Regulatory Organizations; Miami
                                                      • Use the Commission’s Internet                       International Securities Exchange LLC;                   The Exchange proposes to amend
                                                    comment form (http://www.sec.gov/                       Notice of Filing and Immediate                        Exchange Rule 301, Just and Equitable
                                                    rules/sro.shtml); or                                    Effectiveness of a Proposed Rule                      Principles of Trade, to add
                                                      • Send an email to rule-comments@                     Change To Amend Exchange Rule 301                     Interpretations and Policies .03 to Rule
                                                    sec.gov. Please include File Number SR–                                                                       301 that states that the practice of
                                                    FINRA–2016–003 on the subject line.                     February 2, 2016.                                     unbundling an order is considered
                                                    Paper Comments                                             Pursuant to the provisions of Section              conduct inconsistent with just and
                                                                                                            19(b)(1) of the Securities Exchange Act               equitable principles of trade. The
                                                       • Send paper comments in triplicate                                                                        proposal codifies existing Exchange
                                                                                                            of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    to Brent J. Fields, Secretary, Securities                                                                     procedures when dealing with the
                                                                                                            thereunder,2 notice is hereby given that
                                                    and Exchange Commission, 100 F Street                                                                         unlawful bundling of orders.
                                                    NE., Washington, DC 20549–1090.                         on January 20, 2016, Miami
                                                                                                            International Securities Exchange LLC                    The purpose of the proposed rule
                                                    All submissions should refer to File                                                                          change is to amend Exchange Rule 301
                                                                                                            (‘‘MIAX’’ or ‘‘Exchange’’) filed with the
                                                    Number SR–FINRA–2016–003. This file                                                                           by adding a new Interpretations and
                                                    number should be included on the                        Securities and Exchange Commission
                                                                                                            (‘‘Commission’’) a proposed rule change               Policies .03 to Rule 301 which will
                                                    subject line if email is used. To help the                                                                    expressly prohibit the splitting-up of an
                                                    Commission process and review your                      as described in Items I and II below,
                                                                                                            which Items have been prepared by the                 order into smaller orders; a practice also
                                                    comments more efficiently, please use                                                                         known as unbundling, or trade
                                                    only one method. The Commission will                    Exchange. The Commission is
                                                                                                            publishing this notice to solicit                     shredding. More specifically, the
                                                    post all comments on the Commission’s                                                                         Exchange is proposing to add language
                                                    Internet Web site (http://www.sec.gov/                  comments on the proposed rule change
                                                                                                            from interested persons.                              to its existing rules to prohibit
                                                    rules/sro.shtml). Copies of the                                                                               Members 3 from splitting orders into
                                                    submission, all subsequent                              I. Self-Regulatory Organization’s                     multiple smaller orders for any purpose
                                                    amendments, all written statements                                                                            other than best execution.
                                                                                                            Statement of the Terms of Substance of
                                                    with respect to the proposed rule
                                                                                                            the Proposed Rule Change                                 Unbundling, or trade shredding, is the
                                                    change that are filed with the
                                                    Commission, and all written                                                                                   practice of breaking up an order into
                                                                                                               The Exchange is filing a proposal to
                                                    communications relating to the                                                                                multiple smaller orders for some
                                                                                                            amend Exchange Rule 301, Just and                     purpose other than best execution of the
                                                    proposed rule change between the                        Equitable Principles of Trade, to add
                                                    Commission and any person, other than                                                                         order. The practice of unbundling has in
                                                                                                            Interpretations and Policies .03 to Rule              the past been used for such purposes as
                                                    those that may be withheld from the                     301 to state in the Exchange’s rules that
                                                    public in accordance with the                                                                                 improperly maximizing commissions
                                                                                                            the practice of unbundling an order is                and fees charged to customers,
                                                    provisions of 5 U.S.C. 552, will be
                                                                                                            considered conduct inconsistent with                  distorting trade data, or circumventing
                                                    available for Web site viewing and
                                                                                                            just and equitable principles of trade.               rules pertaining to maximum order size.
                                                    printing in the Commission’s Public
                                                    Reference Room, 100 F Street NE.,                          The text of the proposed rule change               In addition, the unbundling of a large
                                                    Washington, DC 20549 on official                        is available on the Exchange’s Web site               order into several smaller orders could
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    business days between the hours of                      at http://www.miaxoptions.com/filter/                 be done so as to affect the allocation of
                                                    10:00 a.m. and 3:00 p.m. Copies of such                 wotitle/rule_filing, at MIAX’s principal              a trade among market participants
                                                    filing also will be available for                       office, and at the Commission’s Public                pursuant to the allocation methodology
                                                    inspection and copying at the principal                 Reference Room.
                                                                                                                                                                    3 The term ‘‘Member’’ means an individual or
                                                    office of FINRA. All comments received
                                                                                                                                                                  organization approved to exercise trading rights
                                                    will be posted without change; the                        10 17 CFR 200.30–3(a)(12).                          associated with a Trading Permit. Members are
                                                    Commission does not edit personal                         1 15 U.S.C. 78s(b)(1).                              deemed ‘‘members’’ under the Exchange Act. See
                                                    identifying information from                              2 17 CFR 240.19b–4.                                 Exchange Rule 100.



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                                                                                  Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices                                                           6557

                                                    used by the Exchange.4 Finally, the                     Exchange notes further that other US                       applies to all MIAX participants
                                                    Exchange believes that the unbundling                   options exchanges have rules                               equally. In addition, the Exchange does
                                                    of orders generally serves no purpose to                prohibiting the unbundling of orders for                   not believe the proposal will impose
                                                    the customer that entered the order and                 a variety of reasons, including the early                  any burden on inter-market competition
                                                    may cause unnecessary delays in the                     termination of any price improvement                       as the proposal is intended to protect
                                                    execution of said orders.                               mechanism auction conducted by an                          investors by preventing the distortive
                                                       Pursuant to Exchange Rule 301,                       exchange, and violations of these rules                    practice of unbundling, or trade
                                                    Members must observe high standards                     may be considered conduct inconsistent                     shredding.
                                                    of commercial honor and just and                        with just and equitable principles of
                                                    equitable principles of trade. The                                                                                 C. Self-Regulatory Organization’s
                                                                                                            trade.6
                                                    Exchange would consider a Member to                                                                                Statement on Comments on the
                                                    have engaged in conduct inconsistent                    2. Statutory Basis                                         Proposed Rule Change Received From
                                                    with just and equitable principles of                      MIAX believes that its proposed rule                    Members, Participants, or Others
                                                    trade were they to unbundle an order                    change is consistent with Section 6(b) of                    Written comments were neither
                                                    which (1) distorts fees and/or                          the Act 7 in general, and furthers the                     solicited nor received.
                                                    commissions to the detriment of a                       objectives of Section 6(b)(5) of the Act 8                 III. Date of Effectiveness of the
                                                    customer or the Exchange, (2) causes an                 in particular, in that it is designed to                   Proposed Rule Change and Timing for
                                                    unnecessary delay in the execution of                   prevent fraudulent and manipulative                        Commission Action
                                                    an order, or (3) circumvents an                         acts and practices, to promote just and
                                                    Exchange rule or federal securities law,                equitable principles of trade, to foster                      Because the foregoing proposed rule
                                                    including those rules pertaining to order               cooperation and coordination with                          change does not: (i) Significantly affect
                                                    size and trade allocation. Members                      persons engaged in facilitating                            the protection of investors or the public
                                                    engaging in conduct inconsistent with                   transactions in securities, to remove                      interest; (ii) impose any significant
                                                    just and equitable principles of trade are              impediments to and perfect the                             burden on competition; and (iii) become
                                                    subject to formal disciplinary action by                mechanisms of a free and open market                       operative for 30 days after the date of
                                                    the Exchange.                                           and a national market system and, in                       the filing, or such shorter time as the
                                                       The Exchange now proposes to adopt                   general, to protect investors and the                      Commission may designate, it has
                                                    Interpretations and Policies .03 to Rule                public interest.                                           become effective pursuant to Section
                                                    301, which will expressly state that the                   The proposed rule change is designed                    19(b)(3)(A) of the Act 9 and Rule 19b–
                                                    Exchange considers it to be conduct                     to protect investors and the public                        4(f)(6) 10 thereunder.
                                                    inconsistent with just and equitable                    interest and to promote just and                              A proposed rule change filed
                                                    principles of trade for a Member to split               equitable principles of trade by                           pursuant to Rule 19b–4(f)(6) under the
                                                    an order into multiple smaller orders for               preventing the distortive practice of                      Act 11 normally does not become
                                                    any purpose other than seeking the best                 unbundling, or trade shredding, which                      operative for 30 days after the date of its
                                                    execution of the entire order.                          conduct is considered inconsistent with                    filing. However, Rule 19b–4(f)(6)(iii) 12
                                                       The Exchange believes that, by                       the just and equitable principles of                       permits the Commission to designate a
                                                    adopting this proposed language which                   trade.                                                     shorter time if such action is consistent
                                                    serves to codify existing Exchange                                                                                 with the protection of investors and the
                                                    procedures when dealing with the                        B. Self-Regulatory Organization’s                          public interest. The Exchange has asked
                                                    unlawful unbundling of orders, it will                  Statement on Burden on Competition                         the Commission to waive the 30-day
                                                    deter and help to prevent this distortive                 The Exchange does not believe that                       operative delay. The Exchange states
                                                    practice, and therefore promote just and                the proposed rule change will impose                       that waiver of the operative delay would
                                                    equitable principles of trade.                          any burden on competition that is not                      enable market participants to benefit
                                                       The Exchange notes that it considers                 necessary or appropriate in furtherance                    from the proposed language codifying
                                                    unbundling, among other things, to be                   of the purposes of the Act. Specifically,                  existing Exchange procedures when
                                                    conduct inconsistent with just and                      the Exchange believes the proposed                         dealing with the unlawful unbundling
                                                    equitable principles of trade in the rules              changes will not impose any burden on                      of orders and would help to prevent this
                                                    governing its price improvement                         intra-market competition because it                        distortive practice. For this reason, the
                                                    mechanism, MIAX PRIME.5 The                                                                                        Commission believes that waiver of the
                                                                                                            Member would have otherwise received in                    30-day operative delay is consistent
                                                      4 For example, pursuant to Exchange Rule              accordance with the allocation procedures                  with the protection of investors and the
                                                    514(g)(2), small size orders, or orders of five         contained in paragraph (a)(2)(iii) or (b)(2)(iii) above.
                                                                                                            See Exchange Rule 515A, Interpretations and
                                                                                                                                                                       public interest. Therefore, the
                                                    contracts or less, are allocated to the Primary Lead
                                                    Market Maker (‘‘PLMM’’) if the PLMM has a priority      Policies .01.                                              Commission hereby waives the
                                                    quote at the NBBO. If a Member was to break up            6 See Securities Exchange Act Release Nos. 62667         operative delay and designates the
                                                    a large order into several smaller orders of five       (August 9, 2010), 75 FR 50013 (August 16, 2010)            proposed rule change operative upon
                                                    contracts or less, the PLMM could unfairly garner       (SR–NYSEAmex–2010–77) (adopting NYSE Amex                  filing.13
                                                    a greater trade allocation than it was otherwise        Rule 995NY(d)); and 52872 (December 1, 2005), 70
                                                    entitled to.                                            FR 73043 (December 8, 2005), (SR–CBOE–2005–92)
                                                                                                                                                                         9 15  U.S.C. 78s(b)(3)(A).
                                                       5 Specifically, it shall be considered conduct       (adopting CBOE Rule 4.23). See also International
                                                                                                                                                                         10 17  CFR 240.19b–4(f)(6). As required under Rule
                                                    inconsistent with just and equitable principles of      Securities Exchange LLC Rule 723 Supplementary
                                                    trade, in accordance with Rule 301, for any Member      Material .01 (prohibiting the entering of orders,          19b–4(f)(6)(iii), the Exchange provided the
                                                                                                            quotes, Agency Orders, Counter-Side Orders or              Commission with written notice of its intent to file
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    to enter orders, quotes, Agency Orders, or other
                                                    responses for the purpose of disrupting or              Improvement Orders for the purpose of disrupting           the proposed rule change, along with a brief
                                                    manipulating the Auction. Such conduct includes,        or manipulating the Price Improvement Mechanism            description and the text of the proposed rule
                                                    but is not limited to, engaging in a pattern or         Auction), CBOE Rule 6.74A Interpretations and              change, at least five business days prior to the date
                                                    practice of submitting unrelated orders that cause      Policies .02 (prohibiting the submission of                of filing of the proposed rule change, or such
                                                    an Auction to conclude before the end of the RFR        unrelated orders that cause an Automated                   shorter time as designated by the Commission.
                                                                                                            Improvement Mechanism Auction to conclude                    11 17 CFR 240.19b–4(f)(6).
                                                    period and engaging in a pattern of conduct where
                                                    the Member submitting the Agency Order into the         before the end of the RFR period) and NASDAQ                 12 17 CFR 240.19b–4(f)(6)(iii).

                                                    PRIME breaks up the Agency Order into separate          OMX PHLX LLC Rule 1080(b)(iii).                              13 For purposes only of waiving the 30-day
                                                                                                              7 15 U.S.C. 78f(b).
                                                    orders for two (2) or fewer contracts for the purpose                                                              operative delay, the Commission has considered the
                                                    of gaining a higher allocation percentage than the        8 15 U.S.C. 78f(b)(5).                                                                              Continued




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                                                    6558                         Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices

                                                       At any time within 60 days of the                    received will be posted without change;               at www.batstrading.com, at the
                                                    filing of the proposed rule change, the                 the Commission does not edit personal                 principal office of the Exchange, and at
                                                    Commission summarily may                                identifying information from                          the Commission’s Public Reference
                                                    temporarily suspend such rule change if                 submissions. You should submit only                   Room.
                                                    it appears to the Commission that such                  information that you wish to make
                                                                                                                                                                  II. Self-Regulatory Organization’s
                                                    action is necessary or appropriate in the               available publicly. All submissions
                                                                                                                                                                  Statement of the Purpose of, and
                                                    public interest, for the protection of                  should refer to File Number SR–MIAX–
                                                                                                                                                                  Statutory Basis for, the Proposed Rule
                                                    investors, or otherwise in furtherance of               2016–02 and should be submitted on or
                                                                                                                                                                  Change
                                                    the purposes of the Act. If the                         before February 29, 2016.
                                                    Commission takes such action, the                                                                                In its filing with the Commission, the
                                                                                                              For the Commission, by the Division of
                                                    Commission shall institute proceedings                  Trading and Markets, pursuant to delegated            Exchange included statements
                                                    to determine whether the proposed rule                  authority.14                                          concerning the purpose of and basis for
                                                    should be approved or disapproved.                      Robert W. Errett,                                     the proposed rule change and discussed
                                                                                                            Deputy Secretary.
                                                                                                                                                                  any comments it received on the
                                                    IV. Solicitation of Comments                                                                                  proposed rule change. The text of these
                                                                                                            [FR Doc. 2016–02335 Filed 2–5–16; 8:45 am]
                                                      Interested persons are invited to                                                                           statements may be examined at the
                                                                                                            BILLING CODE 8011–01–P
                                                    submit written data, views, and                                                                               places specified in Item IV below. The
                                                    arguments concerning the foregoing,                                                                           Exchange has prepared summaries, set
                                                    including whether the proposed rule                                                                           forth in Sections A, B, and C below, of
                                                                                                            SECURITIES AND EXCHANGE
                                                    change is consistent with the Act.                                                                            the most significant parts of such
                                                                                                            COMMISSION
                                                    Comments may be submitted by any of                                                                           statements.
                                                    the following methods:                                  [Release No. 34–77033; File No. SR–BATS–
                                                                                                            2016–12]                                              A. Self-Regulatory Organization’s
                                                    Electronic Comments                                                                                           Statement of the Purpose of, and
                                                                                                            Self-Regulatory Organizations; BATS                   Statutory Basis for, the Proposed Rule
                                                      • Use the Commission’s Internet
                                                                                                            Exchange, Inc.; Notice of Filing and                  Change
                                                    comment form (http://www.sec.gov/
                                                    rules/sro.shtml); or                                    Immediate Effectiveness of a Proposed                 1. Purpose
                                                      • Send an email to rule-comments@                     Rule Change To Extend the Pilot
                                                                                                            Period for the Exchange’s                             Background
                                                    sec.gov. Please include File Number SR–
                                                    MIAX–2016–02 on the subject line.                       Supplemental Competitive Liquidity                       On August 30, 2011, the Exchange
                                                                                                            Provider Program                                      received approval of rules applicable to
                                                    Paper Comments                                                                                                the qualification, listing and delisting of
                                                                                                            February 2, 2016.
                                                       • Send paper comments in triplicate                                                                        securities of issuers on the Exchange.4
                                                                                                               Pursuant to Section 19(b)(1) of the                More recently, the Exchange received
                                                    to Brent J. Fields, Secretary, Securities
                                                                                                            Securities Exchange Act of 1934 (the                  approval to operate a pilot program that
                                                    and Exchange Commission, 100 F Street
                                                                                                            ‘‘Act’’),1 and Rule 19b–4 thereunder,2                is designed to incentivize certain Market
                                                    NE., Washington, DC 20549–1090.
                                                                                                            notice is hereby given that on January                Makers 5 registered with the Exchange
                                                    All submissions should refer to File                    28, 2016, BATS Exchange, Inc.
                                                    Number SR–MIAX–2016–02. This file                                                                             as ETP CLPs, as defined in
                                                                                                            (‘‘Exchange’’ or ‘‘BATS’’) filed with the             Interpretation and Policy .03 to Rule
                                                    number should be included on the                        Securities and Exchange Commission
                                                    subject line if email is used. To help the                                                                    11.8, to enhance liquidity on the
                                                                                                            (‘‘Commission’’) the proposed rule                    Exchange in certain ETPs 6 listed on the
                                                    Commission process and review your                      change as described in Items I and II
                                                    comments more efficiently, please use                                                                         Exchange and thereby qualify to receive
                                                                                                            below, which Items have been prepared                 part of a daily rebate as part of the
                                                    only one method. The Commission will                    by the Exchange. The Commission is
                                                    post all comments on the Commission’s                                                                         Program under Interpretation and Policy
                                                                                                            publishing this notice to solicit                     .03 to Rule 11.8.7
                                                    Internet Web site (http://www.sec.gov/                  comments on the proposed rule change
                                                    rules/sro.shtml). Copies of the                                                                                  The Program was approved by the
                                                                                                            from interested persons.                              Commission on a pilot basis running
                                                    submission, all subsequent
                                                    amendments, all written statements                      I. Self-Regulatory Organization’s                     one-year from the date of
                                                    with respect to the proposed rule                       Statement of the Terms of Substance of                implementation.8 The Commission
                                                                                                            the Proposed Rule Change                              approved the Program on July 28, 2014.9
                                                    change that are filed with the
                                                                                                                                                                  The Exchange implemented the Program
                                                    Commission, and all written                                The Exchange filed a proposal to                   on July 28, 2014 and the pilot period for
                                                    communications relating to the                          extend the pilot period for the                       the Program was originally scheduled to
                                                    proposed rule change between the                        Exchange’s Supplemental Competitive                   end on July 28, 2015 until it was
                                                    Commission and any person, other than                   Liquidity Provider Program (the                       extended to end on October 28, 2015 10
                                                    those that may be withheld from the                     ‘‘Program’’), which is currently set to
                                                    public in accordance with the                           expire on January 28, 2016, for three                    4 See Securities Exchange Act Release No. 65225
                                                    provisions of 5 U.S.C. 552, will be                     months, to expire on April 28, 2016.                  (August 30, 2011), 76 FR 55148 (September 6, 2011)
                                                    available for Web site viewing and                      The Exchange has designated this                      (SR–BATS–2011–018).
                                                    printing in the Commission’s Public                     proposal as non-controversial and
                                                                                                                                                                     5 As defined in BATS Rules, the term ‘‘Market

                                                    Reference Room, 100 F Street NE.,                                                                             Maker’’ means a Member that acts a as a market
                                                                                                            provided the Commission with the                      maker pursuant to Chapter XI of BATS Rules.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Washington, DC 20549, on official                       notice required by Rule 19b–4(f)(6)(iii)                 6 ETP is defined in Interpretation and Policy
                                                    business days between the hours of                      under the Act.3                                       .03(b)(4) to Rule 11.8.
                                                    10:00 a.m. and 3:00 p.m. Copies of the                     The text of the proposed rule change                  7 See Securities Exchange Act Release No. 72692

                                                    filing also will be available for                       is available at the Exchange’s Web site               (July 28, 2014), 79 FR 44908 (August 1, 2014) (SR–
                                                                                                                                                                  BATS–2014–022) (‘‘CLP Approval Order’’).
                                                    inspection and copying at the principal                                                                          8 See id at 44909.
                                                    office of the Exchange. All comments                      14 17 CFR 200.30–3(a)(12).                             9 Id.
                                                                                                              1 15 U.S.C. 78s(b)(1).                                 10 See Securities Exchange Act Release No. 75518
                                                                                                              2 17 CFR 240.19b–4.
                                                    proposed rule’s impact on efficiency, competition,                                                            (July 24, 2015), 80 FR 45566 (July 30, 2015 (SR–
                                                    and capital formation. See 15 U.S.C. 78c(f).              3 17 CFR 240.19b–4(f)(6)(iii).                      BATS–2015–55).



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Document Created: 2016-02-06 00:24:38
Document Modified: 2016-02-06 00:24:38
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 6556 

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