82_FR_10169 82 FR 10143 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing of a Proposed Rule Change To Amend Exchange Rule 519A, Risk Protection Monitor for Orders Entered via the FIX Interface (“RPM-FIX”), and Exchange Rule 519B, Risk Protection Monitor for Orders Entered via the MEO Interface (“RPM-MEO”)

82 FR 10143 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing of a Proposed Rule Change To Amend Exchange Rule 519A, Risk Protection Monitor for Orders Entered via the FIX Interface (“RPM-FIX”), and Exchange Rule 519B, Risk Protection Monitor for Orders Entered via the MEO Interface (“RPM-MEO”)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 26 (February 9, 2017)

Page Range10143-10147
FR Document2017-02640

Federal Register, Volume 82 Issue 26 (Thursday, February 9, 2017)
[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Notices]
[Pages 10143-10147]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02640]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79959; File No. SR-PEARL-2017-06]


Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing 
of a Proposed Rule Change To Amend Exchange Rule 519A, Risk Protection 
Monitor for Orders Entered via the FIX Interface (``RPM-FIX''), and 
Exchange Rule 519B, Risk Protection Monitor for Orders Entered via the 
MEO Interface (``RPM-MEO'')

February 3, 2017.
    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 February 2, 2017, MIAX PEARL, LLC (``MIAX 
PEARL'' 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 proposes to amend Exchange Rule 519A, Risk Protection 
Monitor for Orders Entered via the FIX Interface (``RPM-FIX''), and 
Exchange Rule 519B, Risk Protection Monitor for Orders Entered via the 
MEO Interface (``RPM-MEO'').
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/rule-filings/pearl, at MIAX 
PEARL'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 519A, Risk Protection 
Monitor for Orders Entered via the FIX Interface (``RPM-FIX'') to make 
the protections provided by the Rule available to all Members \3\ of 
the Exchange, and to make their usage mandatory for Electronic Exchange 
Members (``EEMs'').\4\ Additionally, the Exchange proposes to amend 
Exchange Rule 519B, Risk Protection Monitor for Orders Entered via the 
MEO Interface (``RPM-MEO'') to align the rule text to the proposed 
change to Rule 519A and to make it mandatory for EEMs using MEO to use 
the protections provided by the Rule.
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    \3\ The term ``Member'' means an individual or organization that 
is registered with the Exchange pursuant to Chapter II of MIAX PEARL 
Rules for purposes of trading on the Exchange as an ``Electronic 
Exchange Member'' or `` ``Market Maker.'' Members are deemed 
``members under the Exchange Act. See Exchange Rule 100.
    \4\ The term ``Electronic Exchange Member'' or ``EEM'' means the 
holder of a Trading Permit who is a Member representing as agent 
Public Customer Orders or Non-Customer Orders on the Exchange and 
those non-Market Maker Members conducting proprietary trading. 
Electronic Exchange Members are deemed ``members'' under the 
Exchange Act. See Exchange Rule 100.
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Exchange Rule 519A. Risk Protection Monitor for Orders Entered via the 
FIX Interface (``RPM-FIX'')
    The Exchange proposes to amend Exchange Rule 519A, Risk Protection 
Monitor for Orders Entered via the FIX Interface (``RPM-FIX'') by 
replacing ``EEM'' with ``Member'' to make the risk protections 
described in the rule available to all Members of the Exchange. MIAX 
PEARL Members may connect to the System \5\ using the FIX Order 
Interface and/or the MIAX Express Order (``MEO'') Interface. These two 
connection protocols are not mutually exclusive and Members, 
specifically Market Makers (``MMs'') \6\ on the Exchange, may use MEO 
for providing liquidity to the Exchange via their Market Making 
activities; and FIX for removing liquidity from the Exchange. The 
Exchange seeks to provide risk protection tools to all

[[Page 10144]]

Members using FIX, and not just EEM Members.
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    \5\ The term ``System'' means the automated trading system used 
by the Exchange for the trading of securities. See Exchange Rule 
100.
    \6\ The term ``Market Maker'' or ``MM'' means a Member 
registered with the Exchange for the purpose of making markets in 
options contracts traded on the Exchange and that is vested with the 
rights and responsibilities specified in Chapter VI of MIAX PEARL 
Rules. See Exchange Rule 100.
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    As proposed, RPM-FIX would provide protections to all Members by 
establishing a counting program that will count the number of orders 
entered and the number of contracts traded via an order entered during 
a specified time period established by the Member. The RPM-FIX Monitor 
would maintain one or more Member-configurable settings, allowing 
Members to establish FIX Interface Allowable Order Rate setting(s) and 
FIX Interface Allowable Contract Execution Rate setting(s). When a 
Member's order is entered or executed, the System would look back over 
the specified time period to determine if the Member had entered a 
number of orders exceeding their FIX Interface Allowable Order Rate 
setting or executed a number of contracts exceeding their FIX Interface 
Allowable Contract Execution Rate setting, and take action as provided 
by the rule.
    Additionally, the Exchange proposes to harmonize the language and 
structure of MIAX PEARL Rule 519A, with MIAX Options Rule 519A, Risk 
Protection Monitor, which provides a more cohesive paragraph describing 
the Risk Protection Monitor feature, its functionality, the ability of 
Members to establish and configure multiple Risk Protection Monitor 
settings, and the ability of Members to determine one of three 
alternative actions to be taken by the Risk Protection Monitor once it 
is triggered. MIAX PEARL and MIAX Options have a number of common 
Members and where feasible the Exchange intends to implement similar 
behavior to provide consistency between the markets so as to avoid 
confusion among Members.
    The Exchange also proposes to require mandatory participation by 
EEMs and new paragraph (b) of Rule 519A states that EEMs using the FIX 
Interface must establish at least one FIX Interface Allowable Order 
Rate setting with a corresponding specified time period of not less 
than one second, and not to exceed ten seconds, as established by the 
Exchange and communicated to Members via Regulatory Circular (a 
``Corresponding Specified Time Period'') and at least one FIX Interface 
Allowable Contract Execution Rate setting (with a Corresponding 
Specified Time Period). The Exchange believes that establishing the 
Corresponding Specified Time Period within these parameters will 
provide minimum and maximum guidelines for EEMs, making their required 
use of the Risk Protection Monitor more effective and efficient.
    The Risk Protection Monitor settings must be configured by the EEM 
such that RPM-FIX, when triggered, will perform one of two steps set 
forth in proposed Rule 519A(a): Either (A) prevent the System from 
receiving any new orders in all series in all classes from the EEM; or 
(B) prevent the System from receiving any new orders in all series in 
all classes from the EEM and cancel all existing orders with a time-in-
force of Day in all series in all classes from the EEM. Under the 
mandatory provision of proposed Rule 519A(b), the simple Member 
notification option included in section (C) of the proposed Rule 
519A(a) would not be available. As proposed, Rule 519A provides that 
Members may establish additional FIX Interface Allowable Order Rate 
settings and additional FIX Interface Allowable Contract Rate settings, 
and any such additional settings may be configured to perform the step 
set forth in either (A), or (B), or (C) of Rule 519A as described 
above, upon engagement of the RPM-FIX Monitor.
    While the risk protections available under RPM-FIX are available 
for all Members of the Exchange, the Exchange believes that mandating 
one class of Member (EEMs) and not the other (MMs) to use the risk 
protections provided in the rule to be acceptable given the current 
construction of the Exchange. The Exchange does not anticipate that 
every Market Maker will have a FIX Order Interface connection. Further, 
the Exchange anticipates that Market Makers that do establish a FIX 
Order Interface connection will use the connection in limited 
circumstances, and will primarily use the MEO Interface as discussed 
below. Therefore, the Exchange does not believe it is necessary to 
require all Members with a FIX Interface connection to use the RPM-FIX 
Monitor.
    The Exchange believes that providing Members with the ability to 
establish multiple RPM-FIX settings enhances the Members' ability to 
account for sudden market movements due to extreme market volatility, 
and for heightened activity in one particular option or group of 
options in a particular industry or segment of the market due to news 
or other factors affecting the activity surrounding such option or 
options.
Exchange Rule 519B. Risk Protection Monitor for Orders Entered via the 
MEO Interface (``RPM-MEO'')
    The Exchange proposes to amend Exchange Rule 519B, Risk Protection 
Monitor for Orders Entered via the MEO Interface (``RPM-MEO'') to 
mandate that EEMs with a MEO Interface connection use the risk 
protections described in the rule. Additionally, the Exchange proposes 
to harmonize the rule text with the proposed changes to Rule 519A, Risk 
Protection Monitor for Orders Entered via the FIX Interface (``RPM-
FIX'') described and contained herein as it relates to the 
functionality, organization, and structure of the Rule.
    As proposed, RPM-MEO provides identical protections as RPM-FIX by 
establishing a counting program that will count the number of orders 
entered and the number of contracts traded via an order entered through 
the MEO Interface during a specified time period established by the 
EEM. RPM-MEO maintains one or more EEM-configurable settings, allowing 
EEMs to establish MEO Interface Allowable Order Rate setting(s) and MEO 
Interface Allowable Contract Execution Rate setting(s). When an EEM's 
order is entered or executed, the System will look back over the 
specified time period to determine if the EEM has entered a number of 
orders exceeding their MEO Interface Allowable Order Rate setting or 
executed a number of contracts exceeding their MEO Interface Allowable 
Contract Execution Rate setting, and take action as provided by the 
rule.
    The Exchange believes that providing EEMs with the ability to 
establish multiple RPM-MEO settings enhances the EEMs' ability to 
account for sudden market movements due to extreme market volatility, 
and for heightened activity in one particular option or group of 
options in a particular industry or segment of the market due to news 
or other factors affecting the activity surrounding such option or 
options.
    The Exchange believes that permitting one type of Member (EEMs) and 
not the other (MMs) to use the risk protections provided in the rule to 
be acceptable given the current construction of the Exchange. Market 
Makers have a heightened obligation on the Exchange to maintain a two-
sided market, pursuant to Rule 605(d)(1), in those series in which the 
Market Maker has registered to trade.\7\ Exchange Rule 605, Market 
Maker Quotations, details various requirements associated with a Market 
Maker's quotes, such as ``Size Associated with Quotes'', ``Firm 
Quotes'', and ``Continuous Quotes''.\8\ A quote on the Exchange is 
defined as, ``[. . .] a bid or offer entered by a Market Maker as a 
firm order that updates the Market Maker's previous bid or offer, if 
any [. . .].'' \9\ Currently, there is not a separate Market Maker 
quote transaction available on the

[[Page 10145]]

Exchange. The Exchange's definition of a quote further provides that, 
``[w]hen the term order is used in these Rules and a bid or offer is 
entered by the Market Maker in the option series to which such Market 
Maker is registered, such order shall, as applicable, constitute a 
quote or quotation for purposes of these Rules.'' \10\
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    \7\ See Exchange Rule 604(a)(1).
    \8\ See Exchange Rule 605.
    \9\ See Exchange Rule 100.
    \10\ See Exchange Rule 100.
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    Market Makers self-assign the series for which they choose to act 
as a Market Maker and may register daily for these series.\11\ A Market 
Maker could easily have an obligation to provide continuous quotes for 
a large number of series. To provide two-sided quotes a Market Maker 
will need to submit orders (as there is no separate quote transaction 
currently available on the Exchange) to meet its obligation. The MEO 
interface is designed to enable Market Makers to satisfy their 
obligations on the Exchange by providing a Bulk Liquidity Message which 
allows the Member to submit multiple messages to the System. It is not 
anticipated by the Exchange that a Market Maker would use the FIX 
Interface as its primary connection to the Exchange nor send 
significant order flow via the FIX Order Interface, as the FIX protocol 
utilized by the Exchange does not provide support for the submission of 
bulk messages.
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    \11\ See Exchange Rule 602.
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    A large volume of orders submitted to the Exchange could trigger 
RPM-MEO, therefore the Exchange believes that the use of RPM-MEO is not 
necessary for Market Makers, as there is a separate risk protection 
mechanism available to Market Makers to address this risk. The Exchange 
offers Risk Protection for Market Makers under Exchange Rule 517B, 
Aggregate Risk Manager for Market Makers (``ARM-M'') which provides a 
similar counting program (``MM Counting Program'') for each Market 
Maker who has submitted an order in an option class (an ``MM Option 
Class'') delivered via the MEO Interface (an ``MM ARM Eligible 
Order''). The MM Counting program will count the number of contracts 
executed by a Market Maker from an MM ARM Eligible Order (``MM ARM 
Contracts'') within a specified time period either established by the 
Market Maker or as a default setting (``MM Specified Time Period'').
    The Exchange provides default settings for Market Makers for both 
the MM Specified Time Period, which is not to exceed fifteen (15) 
seconds \12\ and an MM Allowable Engagement Percentage.\13\ Market 
Makers may configure these parameters to suit their risk tolerance. 
ARM-M protects Market Makers and assists them in managing risk by 
limiting the number of contracts they can execute in an option class on 
the Exchange within a specified time period that has been established 
by the Market Maker. The System will engage ARM-M in a particular MM 
Option Class when the MM Counting Program has determined that a Market 
Maker has executed during the MM Specified Time Period a number of MM 
ARM Contracts from an MM ARM Eligible Order equal to or above their MM 
Allowable Engagement Percentage. ARM-M will then, until the Market 
Maker sends a notification to the System of the intent to reengage and 
submits a new order in the MM Option Class: (i) Automatically cancel 
the MM ARM Eligible Orders in all series of that particular MM Option 
Class and (ii) reject new orders by the Market Maker in all series of 
that particular MM Option Class submitted using the MEO Interface.
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    \12\ The Exchange notes the proposed default setting will be one 
(1) second.
    \13\ The Exchange notes the proposed default setting will be 
105%.
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    The Exchange is proposing that use of RPM-MEO be mandatory for EEMs 
who have a MEO Interface connection to the Exchange. While the Exchange 
does not anticipate that all EEMs will have a MEO Interface connection, 
the Exchange wishes to ensure that the same risk protections are 
provided for EEM orders irrespective of the means by which they are 
introduced to the System. RPM-MEO settings must be configured by the 
EEM in an identical fashion to RPM-FIX such that RPM-MEO, when 
triggered, will perform one of two steps set forth in proposed Rule 
519B(a): Either (A) prevent the System from receiving any new orders in 
all series in all classes from the EEM; or (B) prevent the System from 
receiving any new orders in all series in all classes from the EEM and 
cancel all existing orders with a time-in-force of Day in all series in 
all classes from the EEM. Under the mandatory provision of proposed 
Rule 519B(b), the simple EEM notification option included in section 
(C) of the proposed Rule 519B(a) would not be available. Proposed Rule 
519B provides that EEMs may establish additional MEO Interface 
Allowable Order Rate settings and additional MEO Interface Allowable 
Contract Rate settings, and any such additional settings may be 
configured to perform the step set forth in either (A), or (B), or (C) 
of Rule 519B as described above, upon engagement of the RPM-MEO 
Monitor.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \14\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \15\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in 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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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed change to the 
functionality, organization, and language of Rule 519A, Risk Protection 
Monitor for Orders Entered via the FIX Interface (``RPM-FIX'') to align 
to MIAX Options Rule 519A, Risk Protection Monitor, better organizes 
the rule and clarifies the features and functionality of RPM-FIX. 
Aligning similar rules on MIAX PEARL and MIAX Options provides 
transparency and clarity in the rules and minimizes the potential for 
confusion, thereby protecting investors and the public interest. 
Additionally, aligning Rule 519B, Risk Protection Monitor for Orders 
Entered via the MEO Interface (``RPM-MEO'') to proposed Rule 519A 
provides consistency between similar Exchange rules to avoid confusion 
and promotes the protection of investors and the public interest.
    The Exchange believes that the proposal to expand the risk 
protections provided in Rule 519A to all Members of the Exchange 
promotes just and equitable principles of trade by ensuring that all 
Members using FIX for order submission to the Exchange can have risk 
protections in place to account for sudden market movements due to 
extreme market volatility. The proposed rule change will help reduce 
the negative impacts of sudden, unanticipated volatility in individual 
options, and serve to preserve an orderly market in a transparent and 
uniform manner, increase overall market confidence, and promote fair 
and orderly markets and further the protection of investors.
    The Exchange believes that EEMs should be required to use the risk 
protection features provided in the proposed changes to Rule 519A and 
519B to manage their risk from excessive order or execution rates that 
may be triggered by market events. The

[[Page 10146]]

Exchange believes the proposal removes impediments to and perfects the 
mechanisms of a free and open market and a national market system and 
in general, protects investors and the public interest. The proposal 
assures Members and the investing public that RPM-FIX and RPM-MEO is 
active for all EEM orders submitted to the Exchange.
    The Exchange believes that all Members, and not just EEMs, will 
benefit from the proposed changes to Rule 519A, Risk Protection Monitor 
for Orders Entered via the FIX Interface (``RPM-FIX''). Additionally, 
the Exchange believes that EEMs will benefit from the proposed 
mandatory use of the Risk Protection Monitor, coupled with the ability 
of EEMs to tailor their use of the Risk Protection Monitor to their 
risk tolerance levels. Members are vulnerable to risks stemming from 
market events which may cause them to send a large number of orders or 
receive multiple, automatic executions before they can adjust their 
order exposure in the market. Without adequate risk management tools, 
such as RPM-FIX and RPM-MEO, Members could reduce the amount of order 
flow and liquidity that they provide to the market. Such actions may 
undermine the quality of the markets available to customers and other 
market participants. Accordingly, the proposed amendments to RPM-FIX 
and RPM-MEO, especially its mandated use by EEMs, should instill 
additional confidence in Members that submit orders to the Exchange 
that their risk tolerance levels are protected, and thus should 
encourage such Members to submit additional order flow and liquidity to 
the Exchange with the understanding that they must have this 
protection, thereby removing impediments to and perfecting the 
mechanisms of a free an open market and a national market system and, 
in general, protecting investors and the public interest.
    In addition, providing Members with the ability to establish 
multiple RPM-FIX settings and EEMs with the ability to establish 
multiple RPM-MEO settings provides Members with more tools to use in 
managing their specific risks based on their individual risk tolerance 
levels. This facilitates transactions in securities because, as noted 
above, Members will have more confidence that protections are in place 
that reduce the risks from potential market events. As a result, RPM-
FIX and RPM-MEO functionality, together with the mandated use by EEMs, 
has the potential to promote just and equitable principles of trade and 
contribute to the fair and orderly maintenance of the market.

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

    MIAX PEARL does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act.
    The Exchange believes that the amendments to RPM-FIX and RPM-MEO 
help promote competition by enabling Members to trade more aggressively 
on the Exchange, with the understanding that there are multiple, 
configurable risk management tools in place in the System. The Exchange 
believes the proposed changes will not impose any burden on intra-
market competition because the use of the RPM-FIX and RPM-MEO is 
required of all EEMs.
    The Exchange further believes that the proposed mandatory risk 
protections should promote inter-market competition, and result in more 
competitive order flow to the Exchange by protecting market 
participants from market events that may cause them to send a large 
number of orders or receive multiple, automatic executions before they 
can adjust their order exposure in the market.

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 19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6) 
thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \18\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \19\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. In its filing 
with the Commission, the Exchange has asked the 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. The Commission notes that waiver of the operative 
delay will allow the proposed rules to become operative before the 
Exchange intends to commence operations as a national exchange on 
February 6, 2017. The Exchange notes that MIAX PEARL and MIAX Options 
have a number of common Members and where feasible the Exchange intends 
to implement similar risk protections to provide consistency between 
markets so as to avoid confusion among Members. Accordingly, the 
Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\20\
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    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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-PEARL-2017-06 on the subject line.

[[Page 10147]]

Paper Comments

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

All submissions should refer to File Number SR-PEARL-2017-06. 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-PEARL-2017-06 and should be 
submitted on or before March 2, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02640 Filed 2-8-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices                                                  10143

                                                change is consistent with the Act.                        SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                Comments may be submitted by any of                       COMMISSION                                              Statement of the Purpose of, and
                                                the following methods:                                                                                            Statutory Basis for, the Proposed Rule
                                                                                                          [Release No. 34–79959; File No. SR–                     Change
                                                Electronic Comments
                                                                                                          PEARL–2017–06]                                          1. Purpose
                                                   • Use the Commission’s Internet
                                                comment form (http://www.sec.gov/                         Self-Regulatory Organizations; MIAX                        The Exchange proposes to amend
                                                rules/sro.shtml); or                                      PEARL, LLC; Notice of Filing of a                       Exchange Rule 519A, Risk Protection
                                                   • Send an email to rule-comments@                      Proposed Rule Change To Amend                           Monitor for Orders Entered via the FIX
                                                sec.gov. Please include File Number SR–                   Exchange Rule 519A, Risk Protection                     Interface (‘‘RPM–FIX’’) to make the
                                                ISEMercury–2017–03 on the subject                         Monitor for Orders Entered via the FIX                  protections provided by the Rule
                                                line.                                                     Interface (‘‘RPM–FIX’’), and Exchange                   available to all Members 3 of the
                                                                                                          Rule 519B, Risk Protection Monitor for                  Exchange, and to make their usage
                                                Paper Comments                                            Orders Entered via the MEO Interface                    mandatory for Electronic Exchange
                                                   • Send paper comments in triplicate                    (‘‘RPM–MEO’’)                                           Members (‘‘EEMs’’).4 Additionally, the
                                                to Brent J. Fields, Secretary, Securities                                                                         Exchange proposes to amend Exchange
                                                                                                          February 3, 2017.
                                                and Exchange Commission, 100 F Street                                                                             Rule 519B, Risk Protection Monitor for
                                                NE., Washington, DC 20549–1090.                              Pursuant to the provisions of Section                Orders Entered via the MEO Interface
                                                                                                          19(b)(1) of the Securities Exchange Act                 (‘‘RPM–MEO’’) to align the rule text to
                                                All submissions should refer to File
                                                                                                          of 1934 (‘‘Act’’) 1 and Rule 19b–4                      the proposed change to Rule 519A and
                                                Number SR–ISEMercury–2017–03. This
                                                                                                          thereunder,2 notice is hereby given that                to make it mandatory for EEMs using
                                                file number should be included on the
                                                                                                          on February 2, 2017, MIAX PEARL, LLC                    MEO to use the protections provided by
                                                subject line if email is used. To help the
                                                                                                          (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed                  the Rule.
                                                Commission process and review your
                                                                                                          with the Securities and Exchange
                                                comments more efficiently, please use                                                                             Exchange Rule 519A. Risk Protection
                                                                                                          Commission (‘‘Commission’’) a
                                                only one method. The Commission will                                                                              Monitor for Orders Entered via the FIX
                                                                                                          proposed rule change as described in
                                                post all comments on the Commission’s                                                                             Interface (‘‘RPM–FIX’’)
                                                                                                          Items I and II below, which Items have
                                                Internet Web site (http://www.sec.gov/
                                                                                                          been prepared by the Exchange. The
                                                rules/sro.shtml).                                                                                                    The Exchange proposes to amend
                                                                                                          Commission is publishing this notice to
                                                   Copies of the submission, all                                                                                  Exchange Rule 519A, Risk Protection
                                                                                                          solicit comments on the proposed rule
                                                subsequent amendments, all written                                                                                Monitor for Orders Entered via the FIX
                                                                                                          change from interested persons.
                                                statements with respect to the proposed                                                                           Interface (‘‘RPM–FIX’’) by replacing
                                                rule change that are filed with the                       I. Self-Regulatory Organization’s                       ‘‘EEM’’ with ‘‘Member’’ to make the risk
                                                Commission, and all written                               Statement of the Terms of Substance of                  protections described in the rule
                                                communications relating to the                            the Proposed Rule Change                                available to all Members of the
                                                proposed rule change between the                                                                                  Exchange. MIAX PEARL Members may
                                                                                                             The Exchange proposes to amend                       connect to the System 5 using the FIX
                                                Commission and any person, other than
                                                                                                          Exchange Rule 519A, Risk Protection                     Order Interface and/or the MIAX
                                                those that may be withheld from the
                                                                                                          Monitor for Orders Entered via the FIX                  Express Order (‘‘MEO’’) Interface. These
                                                public in accordance with the
                                                                                                          Interface (‘‘RPM–FIX’’), and Exchange                   two connection protocols are not
                                                provisions of 5 U.S.C. 552, will be
                                                                                                          Rule 519B, Risk Protection Monitor for                  mutually exclusive and Members,
                                                available for Web site viewing and
                                                                                                          Orders Entered via the MEO Interface                    specifically Market Makers (‘‘MMs’’) 6
                                                printing in the Commission’s Public
                                                                                                          (‘‘RPM–MEO’’).                                          on the Exchange, may use MEO for
                                                Reference Room, 100 F Street NE.,
                                                Washington, DC 20549, on official                            The text of the proposed rule change                 providing liquidity to the Exchange via
                                                business days between the hours of                        is available on the Exchange’s Web site                 their Market Making activities; and FIX
                                                10:00 a.m. and 3:00 p.m. Copies of the                    at http://www.miaxoptions.com/rule-                     for removing liquidity from the
                                                filing also will be available for                         filings/pearl, at MIAX PEARL’s                          Exchange. The Exchange seeks to
                                                inspection and copying at the principal                   principal office, and at the                            provide risk protection tools to all
                                                office of the Exchange. All comments                      Commission’s Public Reference Room.
                                                received will be posted without change;                   II. Self-Regulatory Organization’s                         3 The term ‘‘Member’’ means an individual or

                                                the Commission does not edit personal                     Statement of the Purpose of, and                        organization that is registered with the Exchange
                                                                                                                                                                  pursuant to Chapter II of MIAX PEARL Rules for
                                                identifying information from                              Statutory Basis for, the Proposed Rule                  purposes of trading on the Exchange as an
                                                submissions. You should submit only                       Change                                                  ‘‘Electronic Exchange Member’’ or ‘‘ ‘‘Market
                                                information that you wish to make                                                                                 Maker.’’ Members are deemed ‘‘members under the
                                                available publicly.                                         In its filing with the Commission, the                Exchange Act. See Exchange Rule 100.
                                                   All submissions should refer to File                   Exchange included statements                               4 The term ‘‘Electronic Exchange Member’’ or

                                                                                                          concerning the purpose of and basis for                 ‘‘EEM’’ means the holder of a Trading Permit who
                                                Number SR–ISEMercury–2017–03 and                                                                                  is a Member representing as agent Public Customer
                                                should be submitted on or before March                    the proposed rule change and discussed                  Orders or Non-Customer Orders on the Exchange
                                                2, 2017.                                                  any comments it received on the                         and those non-Market Maker Members conducting
                                                                                                          proposed rule change. The text of these                 proprietary trading. Electronic Exchange Members
                                                  For the Commission, by the Division of                  statements may be examined at the                       are deemed ‘‘members’’ under the Exchange Act.
                                                Trading and Markets, pursuant to delegated                places specified in Item IV below. The                  See Exchange Rule 100.
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                                                authority.35                                                                                                         5 The term ‘‘System’’ means the automated
                                                                                                          Exchange has prepared summaries, set                    trading system used by the Exchange for the trading
                                                Eduardo A. Aleman,                                        forth in sections A, B, and C below, of                 of securities. See Exchange Rule 100.
                                                Assistant Secretary.                                      the most significant aspects of such                       6 The term ‘‘Market Maker’’ or ‘‘MM’’ means a

                                                [FR Doc. 2017–02644 Filed 2–8–17; 8:45 am]                statements.                                             Member registered with the Exchange for the
                                                BILLING CODE 8011–01–P
                                                                                                                                                                  purpose of making markets in options contracts
                                                                                                                                                                  traded on the Exchange and that is vested with the
                                                                                                            1 15   U.S.C. 78s(b)(1).                              rights and responsibilities specified in Chapter VI
                                                  35 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 of MIAX PEARL Rules. See Exchange Rule 100.



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                                                10144                       Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices

                                                Members using FIX, and not just EEM                     that RPM–FIX, when triggered, will                    proposes to harmonize the rule text with
                                                Members.                                                perform one of two steps set forth in                 the proposed changes to Rule 519A,
                                                   As proposed, RPM–FIX would                           proposed Rule 519A(a): Either (A)                     Risk Protection Monitor for Orders
                                                provide protections to all Members by                   prevent the System from receiving any                 Entered via the FIX Interface (‘‘RPM–
                                                establishing a counting program that                    new orders in all series in all classes               FIX’’) described and contained herein as
                                                will count the number of orders entered                 from the EEM; or (B) prevent the System               it relates to the functionality,
                                                and the number of contracts traded via                  from receiving any new orders in all                  organization, and structure of the Rule.
                                                an order entered during a specified time                series in all classes from the EEM and                   As proposed, RPM–MEO provides
                                                period established by the Member. The                   cancel all existing orders with a time-in-            identical protections as RPM–FIX by
                                                RPM–FIX Monitor would maintain one                      force of Day in all series in all classes             establishing a counting program that
                                                or more Member-configurable settings,                   from the EEM. Under the mandatory                     will count the number of orders entered
                                                allowing Members to establish FIX                       provision of proposed Rule 519A(b), the               and the number of contracts traded via
                                                Interface Allowable Order Rate setting(s)               simple Member notification option                     an order entered through the MEO
                                                and FIX Interface Allowable Contract                    included in section (C) of the proposed               Interface during a specified time period
                                                Execution Rate setting(s). When a                       Rule 519A(a) would not be available. As               established by the EEM. RPM–MEO
                                                Member’s order is entered or executed,                  proposed, Rule 519A provides that                     maintains one or more EEM-
                                                the System would look back over the                     Members may establish additional FIX                  configurable settings, allowing EEMs to
                                                specified time period to determine if the               Interface Allowable Order Rate settings               establish MEO Interface Allowable
                                                Member had entered a number of orders                   and additional FIX Interface Allowable                Order Rate setting(s) and MEO Interface
                                                exceeding their FIX Interface Allowable                 Contract Rate settings, and any such                  Allowable Contract Execution Rate
                                                Order Rate setting or executed a number                 additional settings may be configured to              setting(s). When an EEM’s order is
                                                of contracts exceeding their FIX                        perform the step set forth in either (A),             entered or executed, the System will
                                                Interface Allowable Contract Execution                  or (B), or (C) of Rule 519A as described              look back over the specified time period
                                                Rate setting, and take action as provided               above, upon engagement of the RPM–                    to determine if the EEM has entered a
                                                by the rule.                                            FIX Monitor.                                          number of orders exceeding their MEO
                                                   Additionally, the Exchange proposes                     While the risk protections available               Interface Allowable Order Rate setting
                                                to harmonize the language and structure                 under RPM–FIX are available for all                   or executed a number of contracts
                                                of MIAX PEARL Rule 519A, with MIAX                      Members of the Exchange, the Exchange                 exceeding their MEO Interface
                                                Options Rule 519A, Risk Protection                      believes that mandating one class of                  Allowable Contract Execution Rate
                                                Monitor, which provides a more                          Member (EEMs) and not the other                       setting, and take action as provided by
                                                cohesive paragraph describing the Risk                  (MMs) to use the risk protections                     the rule.
                                                Protection Monitor feature, its                         provided in the rule to be acceptable                    The Exchange believes that providing
                                                functionality, the ability of Members to                given the current construction of the                 EEMs with the ability to establish
                                                establish and configure multiple Risk                   Exchange. The Exchange does not                       multiple RPM–MEO settings enhances
                                                Protection Monitor settings, and the                    anticipate that every Market Maker will               the EEMs’ ability to account for sudden
                                                ability of Members to determine one of                  have a FIX Order Interface connection.                market movements due to extreme
                                                three alternative actions to be taken by                Further, the Exchange anticipates that                market volatility, and for heightened
                                                the Risk Protection Monitor once it is                  Market Makers that do establish a FIX                 activity in one particular option or
                                                triggered. MIAX PEARL and MIAX                          Order Interface connection will use the               group of options in a particular industry
                                                Options have a number of common                         connection in limited circumstances,                  or segment of the market due to news
                                                Members and where feasible the                          and will primarily use the MEO                        or other factors affecting the activity
                                                Exchange intends to implement similar                   Interface as discussed below. Therefore,              surrounding such option or options.
                                                behavior to provide consistency                         the Exchange does not believe it is                      The Exchange believes that permitting
                                                between the markets so as to avoid                      necessary to require all Members with a               one type of Member (EEMs) and not the
                                                confusion among Members.                                FIX Interface connection to use the                   other (MMs) to use the risk protections
                                                   The Exchange also proposes to require                RPM–FIX Monitor.                                      provided in the rule to be acceptable
                                                mandatory participation by EEMs and                        The Exchange believes that providing               given the current construction of the
                                                new paragraph (b) of Rule 519A states                   Members with the ability to establish                 Exchange. Market Makers have a
                                                that EEMs using the FIX Interface must                  multiple RPM–FIX settings enhances                    heightened obligation on the Exchange
                                                establish at least one FIX Interface                    the Members’ ability to account for                   to maintain a two-sided market,
                                                Allowable Order Rate setting with a                     sudden market movements due to                        pursuant to Rule 605(d)(1), in those
                                                corresponding specified time period of                  extreme market volatility, and for                    series in which the Market Maker has
                                                not less than one second, and not to                    heightened activity in one particular                 registered to trade.7 Exchange Rule 605,
                                                exceed ten seconds, as established by                   option or group of options in a                       Market Maker Quotations, details
                                                the Exchange and communicated to                        particular industry or segment of the                 various requirements associated with a
                                                Members via Regulatory Circular (a                      market due to news or other factors                   Market Maker’s quotes, such as ‘‘Size
                                                ‘‘Corresponding Specified Time                          affecting the activity surrounding such               Associated with Quotes’’, ‘‘Firm
                                                Period’’) and at least one FIX Interface                option or options.                                    Quotes’’, and ‘‘Continuous Quotes’’.8 A
                                                Allowable Contract Execution Rate                                                                             quote on the Exchange is defined as,
                                                setting (with a Corresponding Specified                 Exchange Rule 519B. Risk Protection
                                                                                                        Monitor for Orders Entered via the MEO                ‘‘[. . .] a bid or offer entered by a
                                                Time Period). The Exchange believes                                                                           Market Maker as a firm order that
                                                                                                        Interface (‘‘RPM–MEO’’)
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                                                that establishing the Corresponding                                                                           updates the Market Maker’s previous
                                                Specified Time Period within these                        The Exchange proposes to amend                      bid or offer, if any [. . .].’’ 9 Currently,
                                                parameters will provide minimum and                     Exchange Rule 519B, Risk Protection                   there is not a separate Market Maker
                                                maximum guidelines for EEMs, making                     Monitor for Orders Entered via the MEO                quote transaction available on the
                                                their required use of the Risk Protection               Interface (‘‘RPM–MEO’’) to mandate that
                                                Monitor more effective and efficient.                   EEMs with a MEO Interface connection                    7 See Exchange Rule 604(a)(1).
                                                   The Risk Protection Monitor settings                 use the risk protections described in the               8 See Exchange Rule 605.
                                                must be configured by the EEM such                      rule. Additionally, the Exchange                        9 See Exchange Rule 100.




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                                                                            Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices                                            10145

                                                Exchange. The Exchange’s definition of                  Percentage.13 Market Makers may                       2. Statutory Basis
                                                a quote further provides that, ‘‘[w]hen                 configure these parameters to suit their                 The Exchange believes that its
                                                the term order is used in these Rules                   risk tolerance. ARM–M protects Market                 proposed rule change is consistent with
                                                and a bid or offer is entered by the                    Makers and assists them in managing                   Section 6(b) of the Act 14 in general, and
                                                Market Maker in the option series to                    risk by limiting the number of contracts              furthers the objectives of Section 6(b)(5)
                                                which such Market Maker is registered,                  they can execute in an option class on                of the Act 15 in particular, in that it is
                                                such order shall, as applicable,                        the Exchange within a specified time                  designed to prevent fraudulent and
                                                constitute a quote or quotation for                     period that has been established by the               manipulative acts and practices, to
                                                purposes of these Rules.’’ 10                           Market Maker. The System will engage
                                                   Market Makers self-assign the series                                                                       promote just and equitable principles of
                                                                                                        ARM–M in a particular MM Option                       trade, to foster cooperation and
                                                for which they choose to act as a Market                Class when the MM Counting Program
                                                Maker and may register daily for these                                                                        coordination with persons engaged in
                                                                                                        has determined that a Market Maker has                facilitating transactions in securities, to
                                                series.11 A Market Maker could easily                   executed during the MM Specified Time
                                                have an obligation to provide                                                                                 remove impediments to and perfect the
                                                                                                        Period a number of MM ARM Contracts                   mechanisms of a free and open market
                                                continuous quotes for a large number of
                                                                                                        from an MM ARM Eligible Order equal                   and a national market system and, in
                                                series. To provide two-sided quotes a
                                                                                                        to or above their MM Allowable                        general, to protect investors and the
                                                Market Maker will need to submit
                                                                                                        Engagement Percentage. ARM–M will                     public interest.
                                                orders (as there is no separate quote
                                                                                                        then, until the Market Maker sends a                     The Exchange believes that the
                                                transaction currently available on the
                                                                                                        notification to the System of the intent              proposed change to the functionality,
                                                Exchange) to meet its obligation. The
                                                MEO interface is designed to enable                     to reengage and submits a new order in                organization, and language of Rule
                                                Market Makers to satisfy their                          the MM Option Class: (i) Automatically                519A, Risk Protection Monitor for
                                                obligations on the Exchange by                          cancel the MM ARM Eligible Orders in                  Orders Entered via the FIX Interface
                                                providing a Bulk Liquidity Message                      all series of that particular MM Option               (‘‘RPM–FIX’’) to align to MIAX Options
                                                which allows the Member to submit                       Class and (ii) reject new orders by the               Rule 519A, Risk Protection Monitor,
                                                multiple messages to the System. It is                  Market Maker in all series of that                    better organizes the rule and clarifies
                                                not anticipated by the Exchange that a                  particular MM Option Class submitted                  the features and functionality of RPM–
                                                Market Maker would use the FIX                          using the MEO Interface.                              FIX. Aligning similar rules on MIAX
                                                Interface as its primary connection to                     The Exchange is proposing that use of              PEARL and MIAX Options provides
                                                the Exchange nor send significant order                                                                       transparency and clarity in the rules and
                                                                                                        RPM–MEO be mandatory for EEMs who
                                                flow via the FIX Order Interface, as the                                                                      minimizes the potential for confusion,
                                                                                                        have a MEO Interface connection to the
                                                FIX protocol utilized by the Exchange                                                                         thereby protecting investors and the
                                                                                                        Exchange. While the Exchange does not
                                                does not provide support for the                                                                              public interest. Additionally, aligning
                                                                                                        anticipate that all EEMs will have a
                                                submission of bulk messages.                                                                                  Rule 519B, Risk Protection Monitor for
                                                                                                        MEO Interface connection, the Exchange
                                                   A large volume of orders submitted to                                                                      Orders Entered via the MEO Interface
                                                                                                        wishes to ensure that the same risk                   (‘‘RPM–MEO’’) to proposed Rule 519A
                                                the Exchange could trigger RPM–MEO,                     protections are provided for EEM orders
                                                therefore the Exchange believes that the                                                                      provides consistency between similar
                                                                                                        irrespective of the means by which they               Exchange rules to avoid confusion and
                                                use of RPM–MEO is not necessary for                     are introduced to the System. RPM–
                                                Market Makers, as there is a separate                                                                         promotes the protection of investors and
                                                                                                        MEO settings must be configured by the                the public interest.
                                                risk protection mechanism available to                  EEM in an identical fashion to RPM–FIX
                                                Market Makers to address this risk. The                                                                          The Exchange believes that the
                                                                                                        such that RPM–MEO, when triggered,                    proposal to expand the risk protections
                                                Exchange offers Risk Protection for                     will perform one of two steps set forth
                                                Market Makers under Exchange Rule                                                                             provided in Rule 519A to all Members
                                                                                                        in proposed Rule 519B(a): Either (A)                  of the Exchange promotes just and
                                                517B, Aggregate Risk Manager for                        prevent the System from receiving any
                                                Market Makers (‘‘ARM–M’’) which                                                                               equitable principles of trade by ensuring
                                                                                                        new orders in all series in all classes               that all Members using FIX for order
                                                provides a similar counting program                     from the EEM; or (B) prevent the System
                                                (‘‘MM Counting Program’’) for each                                                                            submission to the Exchange can have
                                                                                                        from receiving any new orders in all                  risk protections in place to account for
                                                Market Maker who has submitted an                       series in all classes from the EEM and
                                                order in an option class (an ‘‘MM                                                                             sudden market movements due to
                                                                                                        cancel all existing orders with a time-in-            extreme market volatility. The proposed
                                                Option Class’’) delivered via the MEO                   force of Day in all series in all classes
                                                Interface (an ‘‘MM ARM Eligible                                                                               rule change will help reduce the
                                                                                                        from the EEM. Under the mandatory                     negative impacts of sudden,
                                                Order’’). The MM Counting program                       provision of proposed Rule 519B(b), the
                                                will count the number of contracts                                                                            unanticipated volatility in individual
                                                                                                        simple EEM notification option                        options, and serve to preserve an
                                                executed by a Market Maker from an
                                                                                                        included in section (C) of the proposed               orderly market in a transparent and
                                                MM ARM Eligible Order (‘‘MM ARM
                                                                                                        Rule 519B(a) would not be available.                  uniform manner, increase overall
                                                Contracts’’) within a specified time
                                                                                                        Proposed Rule 519B provides that EEMs                 market confidence, and promote fair
                                                period either established by the Market
                                                                                                        may establish additional MEO Interface                and orderly markets and further the
                                                Maker or as a default setting (‘‘MM
                                                                                                        Allowable Order Rate settings and                     protection of investors.
                                                Specified Time Period’’).
                                                   The Exchange provides default                        additional MEO Interface Allowable                       The Exchange believes that EEMs
                                                settings for Market Makers for both the                 Contract Rate settings, and any such                  should be required to use the risk
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                                                MM Specified Time Period, which is                      additional settings may be configured to              protection features provided in the
                                                not to exceed fifteen (15) seconds 12 and               perform the step set forth in either (A),             proposed changes to Rule 519A and
                                                an MM Allowable Engagement                              or (B), or (C) of Rule 519B as described              519B to manage their risk from
                                                                                                        above, upon engagement of the RPM–                    excessive order or execution rates that
                                                  10 See Exchange Rule 100.                             MEO Monitor.                                          may be triggered by market events. The
                                                  11 See Exchange Rule 602.
                                                  12 The Exchange notes the proposed default              13 The Exchange notes the proposed default            14 15   U.S.C. 78f(b).
                                                setting will be one (1) second.                         setting will be 105%.                                   15 15   U.S.C. 78f(b)(5).



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                                                10146                       Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices

                                                Exchange believes the proposal removes                  fair and orderly maintenance of the                       filing. However, Rule 19b–4(f)(6)(iii) 19
                                                impediments to and perfects the                         market.                                                   permits the Commission to designate a
                                                mechanisms of a free and open market                                                                              shorter time if such action is consistent
                                                                                                        B. Self-Regulatory Organization’s
                                                and a national market system and in                                                                               with the protection of investors and the
                                                                                                        Statement on Burden on Competition
                                                general, protects investors and the                                                                               public interest. In its filing with the
                                                public interest. The proposal assures                      MIAX PEARL does not believe that                       Commission, the Exchange has asked
                                                Members and the investing public that                   the proposed rule change will impose                      the Commission to waive the 30-day
                                                RPM–FIX and RPM–MEO is active for                       any burden on competition not                             operative delay so that the proposal may
                                                all EEM orders submitted to the                         necessary or appropriate in furtherance                   become operative immediately upon
                                                Exchange.                                               of the purposes of the Act.                               filing. The Commission believes that
                                                   The Exchange believes that all                          The Exchange believes that the                         waiving the 30-day operative delay is
                                                Members, and not just EEMs, will                        amendments to RPM–FIX and RPM–                            consistent with the protection of
                                                benefit from the proposed changes to                    MEO help promote competition by                           investors and the public interest. The
                                                Rule 519A, Risk Protection Monitor for                  enabling Members to trade more                            Commission notes that waiver of the
                                                Orders Entered via the FIX Interface                    aggressively on the Exchange, with the                    operative delay will allow the proposed
                                                (‘‘RPM–FIX’’). Additionally, the                        understanding that there are multiple,                    rules to become operative before the
                                                Exchange believes that EEMs will                        configurable risk management tools in                     Exchange intends to commence
                                                benefit from the proposed mandatory                     place in the System. The Exchange                         operations as a national exchange on
                                                use of the Risk Protection Monitor,                     believes the proposed changes will not                    February 6, 2017. The Exchange notes
                                                coupled with the ability of EEMs to                     impose any burden on intra-market                         that MIAX PEARL and MIAX Options
                                                tailor their use of the Risk Protection                 competition because the use of the                        have a number of common Members
                                                Monitor to their risk tolerance levels.                 RPM–FIX and RPM–MEO is required of                        and where feasible the Exchange
                                                Members are vulnerable to risks                         all EEMs.
                                                                                                                                                                  intends to implement similar risk
                                                stemming from market events which                          The Exchange further believes that the
                                                                                                                                                                  protections to provide consistency
                                                may cause them to send a large number                   proposed mandatory risk protections
                                                                                                        should promote inter-market                               between markets so as to avoid
                                                of orders or receive multiple, automatic                                                                          confusion among Members.
                                                executions before they can adjust their                 competition, and result in more
                                                                                                        competitive order flow to the Exchange                    Accordingly, the Commission hereby
                                                order exposure in the market. Without                                                                             waives the operative delay and
                                                adequate risk management tools, such as                 by protecting market participants from
                                                                                                        market events that may cause them to                      designates the proposal operative upon
                                                RPM–FIX and RPM–MEO, Members                                                                                      filing.20
                                                could reduce the amount of order flow                   send a large number of orders or receive
                                                and liquidity that they provide to the                  multiple, automatic executions before                        At any time within 60 days of the
                                                market. Such actions may undermine                      they can adjust their order exposure in                   filing of the proposed rule change, the
                                                the quality of the markets available to                 the market.                                               Commission summarily may
                                                customers and other market                                                                                        temporarily suspend such rule change if
                                                                                                        C. Self-Regulatory Organization’s
                                                participants. Accordingly, the proposed                                                                           it appears to the Commission that such
                                                                                                        Statement on Comments on the
                                                amendments to RPM–FIX and RPM–                                                                                    action is necessary or appropriate in the
                                                                                                        Proposed Rule Change Received From
                                                MEO, especially its mandated use by                                                                               public interest, for the protection of
                                                                                                        Members, Participants, or Others
                                                EEMs, should instill additional                                                                                   investors, or otherwise in furtherance of
                                                confidence in Members that submit                         Written comments were neither                           the purposes of the Act. If the
                                                orders to the Exchange that their risk                  solicited nor received.                                   Commission takes such action, the
                                                tolerance levels are protected, and thus                III. Date of Effectiveness of the                         Commission shall institute proceedings
                                                should encourage such Members to                        Proposed Rule Change and Timing for                       to determine whether the proposed rule
                                                submit additional order flow and                        Commission Action                                         should be approved or disapproved.
                                                liquidity to the Exchange with the                         Because the foregoing proposed rule                    IV. Solicitation of Comments
                                                understanding that they must have this                  change does not: (i) Significantly affect
                                                protection, thereby removing                                                                                        Interested persons are invited to
                                                                                                        the protection of investors or the public
                                                impediments to and perfecting the                                                                                 submit written data, views, and
                                                                                                        interest; (ii) impose any significant
                                                mechanisms of a free an open market                                                                               arguments concerning the foregoing,
                                                                                                        burden on competition; and (iii) become
                                                and a national market system and, in                                                                              including whether the proposed rule
                                                                                                        operative for 30 days after the date of
                                                general, protecting investors and the                                                                             change is consistent with the Act.
                                                                                                        the filing, or such shorter time as the
                                                public interest.                                                                                                  Comments may be submitted by any of
                                                   In addition, providing Members with                  Commission may designate, it has
                                                                                                        become effective pursuant to 19(b)(3)(A)                  the following methods:
                                                the ability to establish multiple RPM–
                                                FIX settings and EEMs with the ability                  of the Act 16 and Rule 19b–4(f)(6)                        Electronic Comments
                                                to establish multiple RPM–MEO settings                  thereunder.17
                                                                                                           A proposed rule change filed                             • Use the Commission’s Internet
                                                provides Members with more tools to                                                                               comment form (http://www.sec.gov/
                                                use in managing their specific risks                    pursuant to Rule 19b–4(f)(6) under the
                                                                                                        Act 18 normally does not become                           rules/sro.shtml); or
                                                based on their individual risk tolerance
                                                levels. This facilitates transactions in                operative for 30 days after the date of its                 • Send an email to rule-
                                                securities because, as noted above,                                                                               comments@sec.gov. Please include File
                                                                                                          16 15  U.S.C. 78s(b)(3)(A).                             Number SR–PEARL–2017–06 on the
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                                                Members will have more confidence                         17 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                that protections are in place that reduce                                                                         subject line.
                                                                                                        4(f)(6) requires a self-regulatory organization to give
                                                the risks from potential market events.                 the Commission written notice of its intent to file
                                                As a result, RPM–FIX and RPM–MEO                        the proposed rule change at least five business days        19 17 CFR 240.19b–4(f)(6)(iii).
                                                functionality, together with the                        prior to the date of filing of the proposed rule            20 For purposes only of waiving the 30-day
                                                                                                        change, or such shorter time as designated by the         operative delay, the Commission has also
                                                mandated use by EEMs, has the                           Commission. The Exchange has satisfied this               considered the proposed rule’s impact on
                                                potential to promote just and equitable                 requirement.                                              efficiency, competition, and capital formation. See
                                                principles of trade and contribute to the                 18 17 CFR 240.19b–4(f)(6).                              15 U.S.C. 78c(f).



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                                                                                 Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices                                                    10147

                                                Paper Comments                                            (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Chicago Stock Exchange, Inc., Financial
                                                   • Send paper comments in triplicate                    notice is hereby given that on February                 Industry Regulatory Authority, Inc.,
                                                to Secretary, Securities and Exchange                     2, 2017, ISE Gemini, LLC (‘‘ISE Gemini’’                International Securities Exchange, LLC,
                                                Commission, 100 F Street NE.,                             or ‘‘Exchange’’) filed with the Securities              Investors’ Exchange LLC, ISE Gemini,
                                                Washington, DC 20549–1090.                                and Exchange Commission (‘‘SEC’’ or                     LLC, ISE Mercury, LLC, Miami
                                                                                                          ‘‘Commission’’) the proposed rule                       International Securities Exchange LLC,
                                                All submissions should refer to File
                                                                                                          change as described in Items I, II, and                 MIAX PEARL, LLC, NASDAQ BX, Inc.,
                                                Number SR–PEARL–2017–06. This file
                                                                                                          III, below, which Items have been                       NASDAQ PHLX LLC, The NASDAQ
                                                number should be included on the
                                                                                                          prepared by the Exchange.3 The                          Stock Market LLC, National Stock
                                                subject line if email is used. To help the
                                                                                                          Commission is publishing this notice to                 Exchange, Inc., New York Stock
                                                Commission process and review your
                                                                                                          solicit comments on the proposed rule                   Exchange LLC, NYSE MKT LLC, and
                                                comments more efficiently, please use
                                                                                                          change from interested persons.                         NYSE Arca, Inc. (collectively, the
                                                only one method. The Commission will
                                                                                                                                                                  ‘‘Participants’’) filed with the
                                                post all comments on the Commission’s                     I. Self-Regulatory Organization’s                       Commission, pursuant to Section 11A of
                                                Internet Web site (http://www.sec.gov/                    Statement of the Terms of Substance of                  the Exchange Act 5 and Rule 608 of
                                                rules/sro.shtml). Copies of the                           the Proposed Rule Change                                Regulation NMS thereunder,6 the CAT
                                                submission, all subsequent
                                                                                                             The Exchange proposes to adopt                       NMS Plan.7 The Participants filed the
                                                amendments, all written statements
                                                                                                          Chapter 9 and the rules contained                       Plan to comply with Rule 613 of
                                                with respect to the proposed rule
                                                                                                          therein to implement the compliance                     Regulation NMS under the Exchange
                                                change that are filed with the
                                                                                                          rule (‘‘Compliance Rule’’) regarding the                Act. The Plan was published for
                                                Commission, and all written
                                                                                                          National Market System Plan Governing                   comment in the Federal Register on
                                                communications relating to the
                                                                                                          the Consolidated Audit Trail (the ‘‘CAT                 May 17, 2016,8 and approved by the
                                                proposed rule change between the
                                                                                                          NMS Plan’’ or ‘‘Plan’’).4                               Commission, as modified, on November
                                                Commission and any person, other than
                                                                                                             The text of the proposed rule change                 15, 2016.9
                                                those that may be withheld from the                                                                                  The Plan is designed to create,
                                                                                                          is available on the Exchange’s Web site
                                                public in accordance with the                                                                                     implement and maintain a consolidated
                                                                                                          at www.ise.com, at the principal office
                                                provisions of 5 U.S.C. 552, will be                                                                               audit trail (‘‘CAT’’) that would capture
                                                                                                          of the Exchange, and at the
                                                available for Web site viewing and                                                                                customer and order event information
                                                                                                          Commission’s Public Reference Room.
                                                printing in the Commission’s Public                                                                               for orders in NMS Securities and OTC
                                                Reference Room, 100 F Street NE.,                         II. Self-Regulatory Organization’s                      Equity Securities, across all markets,
                                                Washington, DC 20549, on official                         Statement of the Purpose of, and                        from the time of order inception through
                                                business days between the hours of                        Statutory Basis for, the Proposed Rule                  routing, cancellation, modification, or
                                                10:00 a.m. and 3:00 p.m. Copies of the                    Change                                                  execution in a single consolidated data
                                                filing also will be available for                           In its filing with the Commission, the                source. Each Participant is required to
                                                inspection and copying at the principal                   Exchange included statements                            enforce compliance by its Industry
                                                office of the Exchange. All comments                      concerning the purpose of and basis for                 Members, as applicable, with the
                                                received will be posted without change;                   the proposed rule change and discussed                  provisions of the Plan, by adopting a
                                                the Commission does not edit personal                     any comments it received on the                         Compliance Rule applicable to their
                                                identifying information from                              proposed rule change. The text of these                 Industry Members.10 As is described
                                                submissions. You should submit only                       statements may be examined at the                       more fully below, the rules contained in
                                                information that you wish to make                         places specified in Item IV below. The                  proposed Chapter 9 set forth the
                                                available publicly. All submissions                       Exchange has prepared summaries, set                    Compliance Rule to require Industry
                                                should refer to File Number SR–                           forth in sections A, B, and C below, of                 Members to comply with the provisions
                                                PEARL–2017–06 and should be                               the most significant aspects of such                    of the CAT NMS Plan. Proposed Chapter
                                                submitted on or before March 2, 2017.                     statements.                                             9 includes twelve Proposed Rules
                                                  For the Commission, by the Division of                                                                          covering the following areas: (1)
                                                Trading and Markets, pursuant to delegated                A. Self-Regulatory Organization’s
                                                                                                                                                                  Definitions; (2) clock synchronization;
                                                authority.21                                              Statement of the Purpose of, and
                                                                                                                                                                  (3) Industry Member Data reporting; (4)
                                                Eduardo A. Aleman,                                        Statutory Basis for, the Proposed Rule
                                                                                                                                                                  Customer information reporting; (5)
                                                Assistant Secretary.                                      Change
                                                                                                                                                                  Industry Member information reporting;
                                                [FR Doc. 2017–02640 Filed 2–8–17; 8:45 am]                1. Purpose                                              (6) time stamps; (7) clock
                                                BILLING CODE 8011–01–P                                                                                            synchronization rule violations; (8)
                                                                                                            Bats BYX Exchange, Inc., Bats BZX
                                                                                                                                                                  connectivity and data transmission; (9)
                                                                                                          Exchange, Inc., Bats EDGA Exchange,
                                                                                                                                                                  development and testing; (10)
                                                SECURITIES AND EXCHANGE                                   Inc., Bats EDGX Exchange, Inc., BOX
                                                COMMISSION                                                Options Exchange LLC, C2 Options                          5 15  U.S.C. 78k–1.
                                                                                                          Exchange, Incorporated, Chicago Board                     6 17  CFR 242.608.
                                                [Release No. 34–79965; File No. SR–ISE                    Options Exchange, Incorporated,                            7 See Letter from the Participants to Brent J.
                                                Gemini–2017–04]
                                                                                                                                                                  Fields, Secretary, Commission, dated September 30,
                                                                                                            1 15 U.S.C. 78s(b)(1).                                2014; and Letter from Participants to Brent J. Fields,
                                                Self-Regulatory Organizations; ISE                          2 17 CFR 240.19b–4.                                   Secretary, Commission, dated February 27, 2015.
                                                Gemini, LLC; Notice of Filing of                             3 The Exchange originally filed this proposed rule   On December 24, 2015, the Participants submitted
sradovich on DSK3GMQ082PROD with NOTICES




                                                Proposed Rule Change to Adopt                             change on January 17, 2017 under File No. SR–ISE        an amendment to the CAT NMS Plan. See Letter
                                                                                                          Gemini–2017–002. The Exchange withdrew that             from Participants to Brent J. Fields, Secretary,
                                                Chapter 9                                                                                                         Commission, dated December 23, 2015.
                                                                                                          filing on January 31, 2017 and filed SR–ISE
                                                                                                                                                                     8 Securities Exchange Act Rel. No. 77724 (Apr.
                                                February 3, 2017.                                         Gemini–2017–003. The Exchange withdrew that
                                                                                                          filing on February 2, 2017 and filed this proposed      27, 2016), 81 FR 30614 (May 17, 2016).
                                                  Pursuant to Section 19(b)(1) of the                     rule change.                                               9 Securities Exchange Act Rel. No. 79318 (Nov.
                                                Securities Exchange Act of 1934                              4 Unless otherwise specified, capitalized terms      15, 2016), 81 FR 84696 (Nov. 23, 2016) (‘‘Approval
                                                                                                          used in this rule filing are defined as set forth       Order’’).
                                                  21 17   CFR 200.30–3(a)(12).                            herein or in the CAT NMS Plan.                             10 See SEC Rule 613(g)(1).




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Document Created: 2017-02-09 01:03:17
Document Modified: 2017-02-09 01:03:17
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 Citation82 FR 10143 

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