82_FR_12191 82 FR 12153 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 518, Complex Orders, To Establish the Complex MIAX Options Price Collar

82 FR 12153 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 518, Complex Orders, To Establish the Complex MIAX Options Price Collar

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 38 (February 28, 2017)

Page Range12153-12156
FR Document2017-03843

Federal Register, Volume 82 Issue 38 (Tuesday, February 28, 2017)
[Federal Register Volume 82, Number 38 (Tuesday, February 28, 2017)]
[Notices]
[Pages 12153-12156]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03843]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80089; File No. SR-MIAX-2017-06]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend MIAX Options Rule 518, Complex Orders, To 
Establish the Complex MIAX Options Price Collar

February 22, 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 14, 2017, Miami International 
Securities Exchange, LLC (``MIAX Options'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``Commission'') a proposed rule 
change as described in Items I, II, and III below, which Items have 
been prepared by the Exchange. The Commission is publishing this notice 
to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend MIAX Options Rule 518, 
Complex Orders, to reflect a new price protection feature, the Complex 
MIAX Options Price Collar.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/rule-filings, at MIAX's 
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    In October 2016, the Exchange adopted rules governing the trading 
in, and detailing the functionality of the MIAX Options System \3\ in 
the handling of, complex orders on the Exchange.\4\ In order to further 
support the trading of complex orders on the Exchange, the Exchange is 
proposing to establish an additional price protection feature for 
complex orders, the Complex MIAX Options Price Collar (``MPC''). The 
proposed MPC price protection feature is designed to help maintain a 
fair and orderly market by helping to mitigate the potential risk of 
executions at prices that are extreme and potentially erroneous.
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    \3\ The term ``System'' means the automated trading system used 
by the Exchange for the trading of securities. See Exchange Rule 
100.
    \4\ See Securities Exchange Act Release No. 79072 (October 7, 
2016), 81 FR 71131 (October 14, 2016) (SR-MIAX-2016-26).
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    The MPC would prevent complex orders from automatically executing 
at potentially erroneous prices by establishing a price range outside 
of which a complex order will not be

[[Page 12154]]

executed. Accordingly, the Exchange proposes to amend Rule 518(c)(1) by 
adding new sub-paragraph (iv), which will state that a complex order or 
eQuote (as defined in Interpretations and Policies .02 of Rule 518) 
will not be executed at a price that is outside of its MPC Price (as 
defined in proposed Interpretations and Policies .05(f) of the Rule) or 
its limit price.
    The Exchange also proposes to amend Exchange Rule 518(c)(2)(ii) 
concerning prices at which complex orders are executed on the Exchange. 
Specifically, the Exchange proposes to amend Rule 518(c)(2)(ii) by 
adding to existing rule text that states that complex orders and quotes 
and are subject to the MPC price protection feature described in 
proposed Interpretations and Policies .05(f) of Rule 518.
    Proposed Rule 518, Interpretations and Policies .05, Price and 
Other Protections, lists several features that protect and help Members 
manage their risk in the trading of complex orders on MIAX Options. 
Proposed new Interpretations and Policies .05(f) describes the MPC 
protection feature and its functionality.
    The MPC price protection feature is an Exchange-wide price 
protection mechanism, meaning that it will apply to all options listed 
on the Exchange for which complex orders are traded.\5\ Under proposed 
Rule 518, Interpretations and Policies .05(f), a complex order or 
complex eQuote \6\ to sell will not be displayed or executed at a price 
that is lower than the opposite side Complex National Best Bid and 
Offer (``cNBBO'') \7\ bid at the time the MPC is assigned by the System 
(i.e., upon receipt or upon opening) by more than a specific dollar 
amount expressed in $0.01 increments (the ``MPC Setting''), and under 
which a complex order or eQuote to buy will not be displayed or 
executed at a price that is higher than the opposite side cNBBO offer 
at the time the MPC is assigned by the System by more than the MPC 
Setting (each the ``MPC Price''). A complex order or a portion of a 
complex order that cannot be executed at or within the MPC Price will 
be placed on the Strategy Book, or be cancelled if it would otherwise 
be executed or placed on the Strategy Book at a price that is outside 
of the MPC Price. All complex orders and eQuotes are subject to the MPC 
price protection feature.
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    \5\ Only those complex orders in the classes designated by the 
Exchange and communicated to Members via Regulatory Circular with no 
more than the applicable number of legs, as determined by the 
Exchange on a class-by-class basis and communicated to Members via 
Regulatory Circular, are eligible for processing. See Exchange Rule 
518(a)(5).
    \6\ Market Maker complex quotes may be entered as either complex 
Standard quotes or complex eQuotes. A complex Standard quote is a 
complex quote submitted by a Market Maker that cancels and replaces 
the Market Maker's previous complex Standard quote for that side of 
the strategy, if any. A complex eQuote is a complex quote submitted 
by a Market Maker with a specific time in force that does not 
automatically cancel and replace the Market Maker's previous complex 
Standard quote or complex eQuote. See Exchange Rule 518, 
Interpretations and Policies .02(a)(2).
    \7\ The cNBBO is calculated using the NBBO for each component of 
a complex strategy to establish the best net bid and offer for a 
complex strategy. For stock option orders, the cNBBO for a complex 
strategy will be calculated using the NBBO in the individual option 
component(s) and the NBBO in the stock component. See Exchange Rule 
518(a)(2).
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MPC Example #1--Order Cancelled Due to Price Protection
    The MPC Setting is $0.05 through the opposite cNBBO at the time of 
receipt.

The Displayed Complex MIAX Best Bid or Offer (dcMBBO) is $1.00 x $1.15
The Complex National Best Bid or Offer (cNBBO) is $1.00 x $1.07

    A market order to buy 10 Strategies is received.

The order's protected offer price (the MPC Price) is $1.12 ($1.07 + 
$0.05 = $1.12)
The MIAX Options Best Offer in the Strategy is $1.15, however the order 
will not trade through its MPC Price ($1.12) and is cancelled due to 
price protection

    In order to account for changes in market conditions, volatility, 
outside events and other issues that affect the marketplace, the 
Exchange is proposing to make the MPC Setting configurable, subject to 
a minimum and maximum value that is expressed as a dollar amount. 
Proposed Rule 518, Interpretations and Policies .05(f)(2) would provide 
that the minimum MPC Setting is $0.00 and the maximum MPC Setting is 
$1.00, as determined by the Exchange and communicated to Members via 
Regulatory Circular. The MPC Setting will apply equally to all options 
listed on the Exchange in which complex orders are available, and will 
be the same dollar amount for both buy and sell transactions. The 
Exchange is proposing to adopt the MPC Setting as a specific dollar 
amount to be added to the cNBBO offer in the case of buy orders, and 
subtracted from the cNBBO bid in the case of sell orders.
    The MPC price protection feature is similar to price protections 
that are currently operative on other exchanges,\8\ however the 
Exchange's proposal would establish a specific dollar amount, rather 
than a percentage, as the MPC Setting. The Exchange believes that it is 
more efficient to establish the MPC Setting as a specific Exchange-wide 
dollar amount because percentages can grow very large or very small on 
a relative basis depending on the price of the order or the size of the 
bid/ask spread. For instance, a 10% MPC Setting through a $0.09 offer 
is $0.009, not even one minimum increment in a penny class, whereas a 
10% MPC Setting through a $25.00 offer is $2.50 or 250 minimum 
increments through the offer in a penny class (25 minimum increments 
through the offer in a class where the increment is $0.10). The 
Exchange believes that the establishment of a percentage, rather than a 
dollar amount, could render the MPC price protection feature less 
effective at relatively low or high prices, especially taking into 
account the different trading increments that apply, depending upon the 
price. Therefore, the Exchange has determined to establish the MPC 
Setting as a dollar amount.
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    \8\ See, e.g., Chicago Board Options Exchange, Inc. (``CBOE'') 
Rule 6.53C.08(e); NASDAQ PHLX LLC (``Phlx'') Rule 1098(h)(i). The 
instant MIAX proposal is similar to each of these rules, with slight 
differences as described in detail in Section 8 below. It is also 
substantially similar to current Exchange rules concerning price 
protection of simple orders as described below, under which market 
participants may specify the level of price protection by the number 
of price-points at which an order may trade. See Exchange Rule 
515(c)(1).
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    Proposed Rule 518.05(f)(3) states that the MPC Price is established 
(i) upon receipt of the complex order or eQuote during free trading,\9\ 
or (ii) if the complex order or eQuote is not received during free 
trading: (A) At the beginning of a Complex Auction; (B) at the opening 
(or reopening following a halt) of trading in the complex strategy; or 
(C) upon evaluation of the Strategy Book by the System when a wide 
market condition, as described in Exchange Rule 518, Interpretations 
and Policies .05(e)(1) \10\ of this Rule, no longer exists. Once 
established, the MPC Price will not change during the life of the 
complex order.\11\ The purpose of this provision is to ensure that the 
MPC Price is established against the opposite side of the market (using 
the cNBBO) at

[[Page 12155]]

the time the order is evaluated by the System either, as stated above, 
upon receipt or pursuant to the enumerated conditions in proposed Rule 
518.05(f)(3)(ii) giving rise to the commencement or re-commencement of 
trading. By establishing this limit only one time and retaining it for 
the life of the order, the Exchange believes that it preserves the 
added systemic value of price protection and de facto drill-through 
protection for the order or quote measured against the opposite side 
cNBBO at or near its initial execution price.
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    \9\ The term ``free trading'' means trading that occurs during a 
trading session other than: (i) at the opening or re-opening for 
trading following a halt, or (ii) during the Complex Auction Process 
(as described in Rule 518(d)). See Exchange Rule 518(a)(10).
    \10\ A ``wide market condition'' is defined as any individual 
component of a complex strategy having, at the time of evaluation, 
an MBBO quote width that is wider than the permissible valid quote 
width as defined in Rule 603(b)(4). See Exchange Rule 518.05(e)(1).
    \11\ Complex orders (and unexecuted portions of complex orders) 
with a time-in-force of Good Til Cancelled (``GTC'') will retain 
their initial MPC Price in the System until executed or cancelled.
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    If the MPC Price is priced less aggressively than the limit price 
of the complex order or eQuote (i.e., the MPC Price is less than the 
complex order or eQuote's bid price for a buy, or the MPC Price is 
greater than the complex order or eQuote's offer price for a sell), or 
if the complex order is a market order, the complex order or eQuote 
will be displayed and/or executed up to its MPC Price. Any unexecuted 
portion of such a complex order or eQuote: (A) Will be cancelled if it 
would otherwise be displayed or executed at a price that is outside the 
MPC Price, and (B) may be subject to the managed interest process 
described in Rule 518(c)(4).
    In addition to the proposed amendments relating to the MPC, 
proposed amended Rule 518(c)(4) is intended to address the situation in 
which a complex order is priced more aggressively than the icMBBO in 
the managed interest process. Specifically, should the Implied Complex 
MIAX Best Bid or Offer (``icMBBO'') \12\ change, the complex order's 
book and display price will, as today, continuously re-price to the new 
icMBBO until the complex order has been executed in its entirety. Under 
the proposal, if not executed, the complex order's book and display 
price will continuously re-price to the new icMBBO until the complex 
order has been placed on the Strategy Book at prices up to and 
including its limit price or, in the case of a complex market order or 
a limit order that is priced more aggressively than the new icMBBO 
(i.e., lower than the icMBBO bid for an order to sell or higher than 
the icMBBO offer for an order to buy), at the new icMBBO.
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    \12\ The icMBBO is a calculation that uses the best price from 
the Simple Order Book for each component of a complex strategy 
including displayed and nondisplayed trading interest. For stock-
option orders, the icMBBO for a complex strategy will be calculated 
using the best price (whether displayed or non-displayed) on the 
Simple Order Book in the individual option component(s), and the 
NBBO in the stock component. See Exchange Rule 518(a)(11).
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    The cancellation in this circumstance would apply only if the MPC 
Price is priced less aggressively than the limit price because the 
System will not place complex orders on the Strategy Book at a price 
that is through the MPC Price. Once the MPC Price would be exceeded, 
any unexecuted portion is cancelled back to the submitting participant 
so the submitting participant can decide how they would like to proceed 
with the order once it has reached its MPC Price and contracts remain 
to be executed. The purpose of this provision is to ensure that the 
Exchange will not display a complex order at a price at which it would 
never be executed (i.e., outside of the MPC Price).
    If the MPC Price is priced more aggressively than the limit price 
of the complex order or eQuote, (i.e., the MPC Price is greater than 
the complex order or eQuote's bid price for a buy, or the MPC Price is 
less than the complex order or eQuote's offer price for a sell), the 
complex order or eQuote will be displayed and/or executed up to its 
limit price. Any unexecuted portion of such a complex order will be 
submitted, if eligible, to the managed interest process described in 
Rule 518(c)(4), or placed on the Strategy Book at its limit price. Any 
unexecuted portion of such a complex eQuote will be cancelled.\13\
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    \13\ A complex eQuote is either a Complex Auction or Cancel 
eQuote (``cAOC eQuote'') or a Complex Immediate or Cancel eQuote 
(``cIOC eQuote''). See Exchange Rule 518, Interpretations and 
Policies .02(c). Because an eQuote has a time-in-force of IOC, the 
unexecuted portion of an eQuote would be cancelled if not executed 
immediately.
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MPC Example #2--Order is Managed as Part of the Managed Interest 
Process
    The MPC Setting is $0.05 through the opposite cNBBO at the time of 
receipt.

The dcMBBO is $1.00 x $1.10
The icMBBO is also $1.00 x $1.10
The cNBBO is $1.00 x $1.07

    A market order to buy 10 Strategies is received. The Strategy is 
not eligible for legging.

The MPC Price is $1.12 ($1.07 + $0.05 = $1.12)
The order is placed on the Strategy Book and managed to the icMBBO 
offer of $1.10
The offer remains displayed at the dcMBBO of $1.10

    The Exchange is also proposing to include the MPC Price as part of 
the evaluation process undertaken by the System upon receipt of a 
complex order. In order to account for such an evaluation by the 
System, the Exchange proposes to amend current Rule 518(c)(5)(i), 
Evaluation Upon Receipt During Trading, to state that, in addition to 
the other factors the System evaluates upon receipt of a complex order, 
the System will also evaluate and determine the complex order's MPC 
Price.
    The Exchange believes that the proposed MPC Price and MPC Setting 
will enhance the ability of MIAX participants to mitigate the potential 
risk of executions at prices that are extreme and potentially 
erroneous, and thus better manage their risk tolerance levels.
    The Exchange will announce the implementation date of the proposed 
rule change by Regulatory Circular to be published no later than 60 
days following the operative date of the proposed rule. The 
implementation date will be no later than 60 days following the 
issuance of the Regulatory Circular.
2. Statutory Basis
    MIAX 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 regulating, clearing, settling, 
processing information with respect to, and 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, and it is not designed to 
permit unfair discrimination among customers, brokers, or dealers.
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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 MIAX Options Price Collar 
is consistent with the Act because it is designed to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest, by avoiding execution of complex orders at prices that are 
significantly away from the cNBBO at the time the MPC Price is 
initially established pursuant to proposed Rule 518.05(f)(3). The 
Exchange believes that the cNBBO provides reasonable guidance with 
respect to the current value of a complex order.
    The Exchange further believes that the proposed MPC price 
protection parameters and mechanisms for orders and quotes protect 
investors and the public interest in that they are reasonably designed 
to provide MIAX Options participants with additional tools to assist 
them in managing their risk exposure. Specifically, the proposed MPC 
Price and MPC Setting should help MIAX Options participants

[[Page 12156]]

mitigate the potential risks associated with entering complex orders or 
eQuotes that result in the execution of contracts at prices that are 
the result of extremely volatile market conditions that were not 
present at the time of receipt or evaluation of the complex order or 
eQuote.
    The Exchange believes that the proposed amendments to Exchange Rule 
518(c)(4) is designed to protect investors and the public interest 
because those amendments ensure that the MPC provides price protection 
in the managed interest process in the situation where a complex limit 
order is priced more aggressively than the icMBBO, in the same manner 
as a complex market order.
    Additionally, the proposed MPC Price and MPC Setting are designed 
to remove impediments to and perfect the mechanisms of a free and open 
market and a national market system and by helping MIAX Options 
participants avoid executions at extreme and erroneous prices that may 
result from, for example, technology issues with the MIAX Options 
participant's electronic trading system. To this extent, the MPC Price 
and MPC Setting may help act as a backstop to the MIAX Options 
participant's own controls and provide an additional layer of 
protection.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act.
    The Complex MIAX Options Price Collar is available to all 
participants trading complex orders, and should provide MIAX Options 
participants with additional price protection from extreme and 
erroneous executions. Thus, the Exchange does not believe the proposal 
creates any significant impact on competition.
    Additionally, respecting intra-market competition, the proposed 
MIAX Options Price Collar enhances competition because it is similar to 
price protections on other exchanges,\16\ and thus should enable the 
Exchange to compete for order flow by ensuring the same or similar 
protection.
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    \16\ See supra note 8.
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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 \17\ and Rule 19b-4(f)(6) \18\ 
thereunder.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 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.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-MIAX-2017-06 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-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-MIAX-2017-06 and should be 
submitted on or before March 21, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-03843 Filed 2-27-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Notices                                                   12153

                                                  functionality, to the benefit of members                amendments, all written statements                    proposed rule change from interested
                                                  and other market participants. The                      with respect to the proposed rule                     persons.
                                                  Commission believes that waiving the                    change that are filed with the
                                                                                                                                                                I. Self-Regulatory Organization’s
                                                  30-day operative delay is consistent                    Commission, and all written
                                                                                                                                                                Statement of the Terms of Substance of
                                                  with the protection of investors and the                communications relating to the
                                                                                                          proposed rule change between the                      the Proposed Rule Change
                                                  public interest. The QCC with Stock
                                                  Order functionality is designed to help                 Commission and any person, other than                    The Exchange is filing a proposal to
                                                  ISE members that choose to use the                      those that may be withheld from the                   amend MIAX Options Rule 518,
                                                  functionality comply with their                         public in accordance with the                         Complex Orders, to reflect a new price
                                                  qualified contingent trade obligations in               provisions of 5 U.S.C. 552, will be                   protection feature, the Complex MIAX
                                                  connection with a QCC Order,24 as well                  available for Web site viewing and                    Options Price Collar.
                                                  as help the Exchange surveil its                        printing in the Commission’s Public                      The text of the proposed rule change
                                                  members for compliance with the                         Reference Room, 100 F Street NE.,                     is available on the Exchange’s Web site
                                                  Exchange’s rules for QCC Orders.                        Washington, DC 20549, on official                     at http://www.miaxoptions.com/rule-
                                                  Therefore, the Commission designates                    business days between the hours of                    filings, at MIAX’s principal office, and
                                                  the proposed rule change operative                      10:00 a.m. and 3:00 p.m. Copies of the                at the Commission’s Public Reference
                                                  upon filing.25                                          filing also will be available for                     Room.
                                                     At any time within 60 days of the                    inspection and copying at the principal
                                                  filing of the proposed rule change, the                 office of the Exchange. All comments                  II. Self-Regulatory Organization’s
                                                  Commission summarily may                                received will be posted without change;               Statement of the Purpose of, and
                                                  temporarily suspend such rule change if                 the Commission does not edit personal                 Statutory Basis for, the Proposed Rule
                                                  it appears to the Commission that such                  identifying information from                          Change
                                                  action is necessary or appropriate in the               submissions. You should submit only                     In its filing with the Commission, the
                                                  public interest, for the protection of                  information that you wish to make                     Exchange included statements
                                                  investors, or otherwise in furtherance of               available publicly. All submissions                   concerning the purpose of and basis for
                                                  the purposes of the Act. If the                         should refer to File Number SR–ISE–                   the proposed rule change and discussed
                                                  Commission takes such action, the                       2017–12 and should be submitted on or                 any comments it received on the
                                                  Commission shall institute proceedings                  March 21, 2017.                                       proposed rule change. The text of these
                                                  to determine whether the proposed rule                    For the Commission, by the Division of              statements may be examined at the
                                                  should be approved or disapproved.                      Trading and Markets, pursuant to delegated            places specified in Item IV below. The
                                                  IV. Solicitation of Comments                            authority.26                                          Exchange has prepared summaries, set
                                                                                                          Robert W. Errett,                                     forth in sections A, B, and C below, of
                                                    Interested persons are invited to                                                                           the most significant aspects of such
                                                                                                          Deputy Secretary.
                                                  submit written data, views, and                                                                               statements.
                                                                                                          [FR Doc. 2017–03847 Filed 2–27–17; 8:45 am]
                                                  arguments concerning the foregoing,
                                                  including whether the proposed rule                     BILLING CODE 8011–01–P                                A. Self-Regulatory Organization’s
                                                  change is consistent with the Act.                                                                            Statement of the Purpose of, and
                                                  Comments may be submitted by any of                                                                           Statutory Basis for, the Proposed Rule
                                                                                                          SECURITIES AND EXCHANGE                               Change
                                                  the following methods:
                                                                                                          COMMISSION
                                                  Electronic Comments                                                                                           1. Purpose
                                                                                                          [Release No. 34–80089; File No. SR–MIAX–
                                                    • Use the Commission’s Internet                       2017–06]                                                 In October 2016, the Exchange
                                                  comment form (http://www.sec.gov/                                                                             adopted rules governing the trading in,
                                                  rules/sro.shtml); or                                    Self-Regulatory Organizations; Miami                  and detailing the functionality of the
                                                    • Send an email to rule-comments@                     International Securities Exchange LLC;                MIAX Options System 3 in the handling
                                                  sec.gov. Please include File Number SR–                 Notice of Filing and Immediate                        of, complex orders on the Exchange.4 In
                                                  ISE–2017–12 on the subject line.                        Effectiveness of a Proposed Rule                      order to further support the trading of
                                                                                                          Change To Amend MIAX Options Rule                     complex orders on the Exchange, the
                                                  Paper Comments                                          518, Complex Orders, To Establish the                 Exchange is proposing to establish an
                                                    • Send paper comments in triplicate                   Complex MIAX Options Price Collar                     additional price protection feature for
                                                  to Secretary, Securities and Exchange                                                                         complex orders, the Complex MIAX
                                                  Commission, 100 F Street NE.,                           February 22, 2017.
                                                                                                             Pursuant to the provisions of Section              Options Price Collar (‘‘MPC’’). The
                                                  Washington, DC 20549–1090.                                                                                    proposed MPC price protection feature
                                                  All submissions should refer to File                    19(b)(1) of the Securities Exchange Act
                                                                                                          of 1934 (‘‘Act’’) 1 and Rule 19b–4                    is designed to help maintain a fair and
                                                  Number SR–ISE–2017–12. This file                                                                              orderly market by helping to mitigate
                                                  number should be included on the                        thereunder,2 notice is hereby given that
                                                                                                          on February 14, 2017, Miami                           the potential risk of executions at prices
                                                  subject line if email is used. To help the                                                                    that are extreme and potentially
                                                  Commission process and review your                      International Securities Exchange, LLC
                                                                                                          (‘‘MIAX Options’’ or ‘‘Exchange’’) filed              erroneous.
                                                  comments more efficiently, please use                                                                            The MPC would prevent complex
                                                                                                          with the Securities and Exchange
                                                  only one method. The Commission will                                                                          orders from automatically executing at
                                                                                                          Commission (‘‘Commission’’) a
                                                  post all comments on the Commission’s                                                                         potentially erroneous prices by
                                                                                                          proposed rule change as described in
                                                  Internet Web site (http://www.sec.gov/                                                                        establishing a price range outside of
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          Items I, II, and III below, which Items
                                                  rules/sro.shtml). Copies of the                                                                               which a complex order will not be
                                                                                                          have been prepared by the Exchange.
                                                  submission, all subsequent
                                                                                                          The Commission is publishing this
                                                                                                                                                                   3 The term ‘‘System’’ means the automated
                                                    24 See supra note 4 and accompanying text.
                                                                                                          notice to solicit comments on the                     trading system used by the Exchange for the trading
                                                    25 For purposes only of waiving the 30-day                                                                  of securities. See Exchange Rule 100.
                                                                                                            26 17 CFR 200.30–3(a)(12).
                                                  operative delay, the Commission has considered the                                                               4 See Securities Exchange Act Release No. 79072
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                  proposed rule’s impact on efficiency, competition,                                                            (October 7, 2016), 81 FR 71131 (October 14, 2016)
                                                  and capital formation. See 15 U.S.C. 78c(f).              2 17 CFR 240.19b–4.                                 (SR–MIAX–2016–26).



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                                                  12154                        Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Notices

                                                  executed. Accordingly, the Exchange                     Setting’’), and under which a complex                     however the Exchange’s proposal would
                                                  proposes to amend Rule 518(c)(1) by                     order or eQuote to buy will not be                        establish a specific dollar amount,
                                                  adding new sub-paragraph (iv), which                    displayed or executed at a price that is                  rather than a percentage, as the MPC
                                                  will state that a complex order or                      higher than the opposite side cNBBO                       Setting. The Exchange believes that it is
                                                  eQuote (as defined in Interpretations                   offer at the time the MPC is assigned by                  more efficient to establish the MPC
                                                  and Policies .02 of Rule 518) will not be               the System by more than the MPC                           Setting as a specific Exchange-wide
                                                  executed at a price that is outside of its              Setting (each the ‘‘MPC Price’’). A                       dollar amount because percentages can
                                                  MPC Price (as defined in proposed                       complex order or a portion of a complex                   grow very large or very small on a
                                                  Interpretations and Policies .05(f) of the              order that cannot be executed at or                       relative basis depending on the price of
                                                  Rule) or its limit price.                               within the MPC Price will be placed on                    the order or the size of the bid/ask
                                                     The Exchange also proposes to amend                  the Strategy Book, or be cancelled if it                  spread. For instance, a 10% MPC
                                                  Exchange Rule 518(c)(2)(ii) concerning                  would otherwise be executed or placed                     Setting through a $0.09 offer is $0.009,
                                                  prices at which complex orders are                      on the Strategy Book at a price that is                   not even one minimum increment in a
                                                  executed on the Exchange. Specifically,                 outside of the MPC Price. All complex                     penny class, whereas a 10% MPC
                                                  the Exchange proposes to amend Rule                     orders and eQuotes are subject to the                     Setting through a $25.00 offer is $2.50
                                                  518(c)(2)(ii) by adding to existing rule                MPC price protection feature.                             or 250 minimum increments through
                                                  text that states that complex orders and                                                                          the offer in a penny class (25 minimum
                                                  quotes and are subject to the MPC price                 MPC Example #1—Order Cancelled Due
                                                                                                                                                                    increments through the offer in a class
                                                  protection feature described in proposed                to Price Protection
                                                                                                                                                                    where the increment is $0.10). The
                                                  Interpretations and Policies .05(f) of                     The MPC Setting is $0.05 through the                   Exchange believes that the
                                                  Rule 518.                                               opposite cNBBO at the time of receipt.                    establishment of a percentage, rather
                                                     Proposed Rule 518, Interpretations                   The Displayed Complex MIAX Best Bid                       than a dollar amount, could render the
                                                  and Policies .05, Price and Other                            or Offer (dcMBBO) is $1.00 × $1.15                   MPC price protection feature less
                                                  Protections, lists several features that                The Complex National Best Bid or Offer                    effective at relatively low or high prices,
                                                  protect and help Members manage their                        (cNBBO) is $1.00 × $1.07                             especially taking into account the
                                                  risk in the trading of complex orders on                                                                          different trading increments that apply,
                                                                                                             A market order to buy 10 Strategies is
                                                  MIAX Options. Proposed new                                                                                        depending upon the price. Therefore,
                                                                                                          received.
                                                  Interpretations and Policies .05(f)                                                                               the Exchange has determined to
                                                  describes the MPC protection feature                    The order’s protected offer price (the
                                                                                                               MPC Price) is $1.12 ($1.07 + $0.05                   establish the MPC Setting as a dollar
                                                  and its functionality.                                                                                            amount.
                                                     The MPC price protection feature is                       = $1.12)
                                                                                                          The MIAX Options Best Offer in the                           Proposed Rule 518.05(f)(3) states that
                                                  an Exchange-wide price protection
                                                                                                               Strategy is $1.15, however the order                 the MPC Price is established (i) upon
                                                  mechanism, meaning that it will apply
                                                                                                               will not trade through its MPC Price                 receipt of the complex order or eQuote
                                                  to all options listed on the Exchange for
                                                                                                               ($1.12) and is cancelled due to price                during free trading,9 or (ii) if the
                                                  which complex orders are traded.5
                                                  Under proposed Rule 518,                                     protection                                           complex order or eQuote is not received
                                                  Interpretations and Policies .05(f), a                     In order to account for changes in                     during free trading: (A) At the beginning
                                                  complex order or complex eQuote 6 to                    market conditions, volatility, outside                    of a Complex Auction; (B) at the
                                                  sell will not be displayed or executed at               events and other issues that affect the                   opening (or reopening following a halt)
                                                  a price that is lower than the opposite                 marketplace, the Exchange is proposing                    of trading in the complex strategy; or (C)
                                                  side Complex National Best Bid and                      to make the MPC Setting configurable,                     upon evaluation of the Strategy Book by
                                                  Offer (‘‘cNBBO’’) 7 bid at the time the                 subject to a minimum and maximum                          the System when a wide market
                                                  MPC is assigned by the System (i.e.,                    value that is expressed as a dollar                       condition, as described in Exchange
                                                  upon receipt or upon opening) by more                   amount. Proposed Rule 518,                                Rule 518, Interpretations and Policies
                                                  than a specific dollar amount expressed                 Interpretations and Policies .05(f)(2)                    .05(e)(1) 10 of this Rule, no longer exists.
                                                  in $0.01 increments (the ‘‘MPC                          would provide that the minimum MPC                        Once established, the MPC Price will
                                                                                                          Setting is $0.00 and the maximum MPC                      not change during the life of the
                                                     5 Only those complex orders in the classes
                                                                                                          Setting is $1.00, as determined by the                    complex order.11 The purpose of this
                                                  designated by the Exchange and communicated to          Exchange and communicated to                              provision is to ensure that the MPC
                                                  Members via Regulatory Circular with no more than
                                                                                                          Members via Regulatory Circular. The                      Price is established against the opposite
                                                  the applicable number of legs, as determined by the                                                               side of the market (using the cNBBO) at
                                                  Exchange on a class-by-class basis and                  MPC Setting will apply equally to all
                                                  communicated to Members via Regulatory Circular,        options listed on the Exchange in which
                                                  are eligible for processing. See Exchange Rule                                                                    Exchange rules concerning price protection of
                                                                                                          complex orders are available, and will                    simple orders as described below, under which
                                                  518(a)(5).
                                                     6 Market Maker complex quotes may be entered         be the same dollar amount for both buy                    market participants may specify the level of price
                                                  as either complex Standard quotes or complex            and sell transactions. The Exchange is                    protection by the number of price-points at which
                                                  eQuotes. A complex Standard quote is a complex          proposing to adopt the MPC Setting as                     an order may trade. See Exchange Rule 515(c)(1).
                                                                                                                                                                       9 The term ‘‘free trading’’ means trading that
                                                  quote submitted by a Market Maker that cancels and      a specific dollar amount to be added to
                                                  replaces the Market Maker’s previous complex                                                                      occurs during a trading session other than: (i) at the
                                                  Standard quote for that side of the strategy, if any.   the cNBBO offer in the case of buy                        opening or re-opening for trading following a halt,
                                                  A complex eQuote is a complex quote submitted by        orders, and subtracted from the cNBBO                     or (ii) during the Complex Auction Process (as
                                                  a Market Maker with a specific time in force that       bid in the case of sell orders.                           described in Rule 518(d)). See Exchange Rule
                                                  does not automatically cancel and replace the              The MPC price protection feature is                    518(a)(10).
                                                  Market Maker’s previous complex Standard quote                                                                       10 A ‘‘wide market condition’’ is defined as any
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                                                  or complex eQuote. See Exchange Rule 518,
                                                                                                          similar to price protections that are                     individual component of a complex strategy having,
                                                  Interpretations and Policies .02(a)(2).                 currently operative on other exchanges,8                  at the time of evaluation, an MBBO quote width
                                                     7 The cNBBO is calculated using the NBBO for                                                                   that is wider than the permissible valid quote width
                                                  each component of a complex strategy to establish          8 See, e.g., Chicago Board Options Exchange, Inc.      as defined in Rule 603(b)(4). See Exchange Rule
                                                  the best net bid and offer for a complex strategy.      (‘‘CBOE’’) Rule 6.53C.08(e); NASDAQ PHLX LLC              518.05(e)(1).
                                                  For stock option orders, the cNBBO for a complex        (‘‘Phlx’’) Rule 1098(h)(i). The instant MIAX                 11 Complex orders (and unexecuted portions of

                                                  strategy will be calculated using the NBBO in the       proposal is similar to each of these rules, with slight   complex orders) with a time-in-force of Good Til
                                                  individual option component(s) and the NBBO in          differences as described in detail in Section 8           Cancelled (‘‘GTC’’) will retain their initial MPC
                                                  the stock component. See Exchange Rule 518(a)(2).       below. It is also substantially similar to current        Price in the System until executed or cancelled.



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                                                                               Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Notices                                           12155

                                                  the time the order is evaluated by the                  price because the System will not place                  The Exchange believes that the
                                                  System either, as stated above, upon                    complex orders on the Strategy Book at                proposed MPC Price and MPC Setting
                                                  receipt or pursuant to the enumerated                   a price that is through the MPC Price.                will enhance the ability of MIAX
                                                  conditions in proposed Rule                             Once the MPC Price would be exceeded,                 participants to mitigate the potential
                                                  518.05(f)(3)(ii) giving rise to the                     any unexecuted portion is cancelled                   risk of executions at prices that are
                                                  commencement or re-commencement of                      back to the submitting participant so the             extreme and potentially erroneous, and
                                                  trading. By establishing this limit only                submitting participant can decide how                 thus better manage their risk tolerance
                                                  one time and retaining it for the life of               they would like to proceed with the                   levels.
                                                  the order, the Exchange believes that it                order once it has reached its MPC Price                  The Exchange will announce the
                                                  preserves the added systemic value of                   and contracts remain to be executed.                  implementation date of the proposed
                                                  price protection and de facto drill-                    The purpose of this provision is to                   rule change by Regulatory Circular to be
                                                  through protection for the order or quote               ensure that the Exchange will not                     published no later than 60 days
                                                  measured against the opposite side                      display a complex order at a price at                 following the operative date of the
                                                  cNBBO at or near its initial execution                  which it would never be executed (i.e.,               proposed rule. The implementation date
                                                  price.                                                  outside of the MPC Price).                            will be no later than 60 days following
                                                     If the MPC Price is priced less                         If the MPC Price is priced more                    the issuance of the Regulatory Circular.
                                                  aggressively than the limit price of the                aggressively than the limit price of the
                                                                                                                                                                2. Statutory Basis
                                                  complex order or eQuote (i.e., the MPC                  complex order or eQuote, (i.e., the MPC
                                                  Price is less than the complex order or                 Price is greater than the complex order                  MIAX believes that its proposed rule
                                                  eQuote’s bid price for a buy, or the MPC                or eQuote’s bid price for a buy, or the               change is consistent with Section 6(b) of
                                                  Price is greater than the complex order                 MPC Price is less than the complex                    the Act 14 in general, and furthers the
                                                  or eQuote’s offer price for a sell), or if              order or eQuote’s offer price for a sell),            objectives of Section 6(b)(5) of the Act 15
                                                  the complex order is a market order, the                the complex order or eQuote will be                   in particular, in that it is designed to
                                                  complex order or eQuote will be                         displayed and/or executed up to its                   prevent fraudulent and manipulative
                                                  displayed and/or executed up to its                     limit price. Any unexecuted portion of                acts and practices, to promote just and
                                                  MPC Price. Any unexecuted portion of                    such a complex order will be submitted,               equitable principles of trade, to foster
                                                  such a complex order or eQuote: (A)                     if eligible, to the managed interest                  cooperation and coordination with
                                                  Will be cancelled if it would otherwise                 process described in Rule 518(c)(4), or               persons engaged in regulating, clearing,
                                                  be displayed or executed at a price that                placed on the Strategy Book at its limit              settling, processing information with
                                                  is outside the MPC Price, and (B) may                   price. Any unexecuted portion of such                 respect to, and facilitating transactions
                                                  be subject to the managed interest                      a complex eQuote will be cancelled.13                 in, securities, to remove impediments to
                                                  process described in Rule 518(c)(4).                                                                          and perfect the mechanisms of a free
                                                     In addition to the proposed                          MPC Example #2—Order is Managed as                    and open market and a national market
                                                  amendments relating to the MPC,                         Part of the Managed Interest Process                  system and, in general, to protect
                                                  proposed amended Rule 518(c)(4) is                        The MPC Setting is $0.05 through the                investors and the public interest, and it
                                                  intended to address the situation in                    opposite cNBBO at the time of receipt.                is not designed to permit unfair
                                                  which a complex order is priced more                    The dcMBBO is $1.00 × $1.10                           discrimination among customers,
                                                  aggressively than the icMBBO in the                     The icMBBO is also $1.00 × $1.10                      brokers, or dealers.
                                                  managed interest process. Specifically,                 The cNBBO is $1.00 × $1.07                               The Exchange believes that the
                                                  should the Implied Complex MIAX Best                      A market order to buy 10 Strategies is              proposed MIAX Options Price Collar is
                                                  Bid or Offer (‘‘icMBBO’’) 12 change, the                received. The Strategy is not eligible for            consistent with the Act because it is
                                                  complex order’s book and display price                  legging.                                              designed to remove impediments to and
                                                  will, as today, continuously re-price to                The MPC Price is $1.12 ($1.07 + $0.05                 perfect the mechanism of a free and
                                                  the new icMBBO until the complex                             = $1.12)                                         open market and a national market
                                                  order has been executed in its entirety.                The order is placed on the Strategy Book              system, and, in general to protect
                                                  Under the proposal, if not executed, the                     and managed to the icMBBO offer                  investors and the public interest, by
                                                  complex order’s book and display price                       of $1.10                                         avoiding execution of complex orders at
                                                  will continuously re-price to the new                   The offer remains displayed at the                    prices that are significantly away from
                                                  icMBBO until the complex order has                           dcMBBO of $1.10                                  the cNBBO at the time the MPC Price is
                                                  been placed on the Strategy Book at                       The Exchange is also proposing to                   initially established pursuant to
                                                  prices up to and including its limit price              include the MPC Price as part of the                  proposed Rule 518.05(f)(3). The
                                                  or, in the case of a complex market                     evaluation process undertaken by the                  Exchange believes that the cNBBO
                                                  order or a limit order that is priced more              System upon receipt of a complex order.               provides reasonable guidance with
                                                  aggressively than the new icMBBO (i.e.,                 In order to account for such an                       respect to the current value of a
                                                  lower than the icMBBO bid for an order                  evaluation by the System, the Exchange                complex order.
                                                  to sell or higher than the icMBBO offer                 proposes to amend current Rule                           The Exchange further believes that the
                                                  for an order to buy), at the new icMBBO.                518(c)(5)(i), Evaluation Upon Receipt                 proposed MPC price protection
                                                     The cancellation in this circumstance                During Trading, to state that, in addition            parameters and mechanisms for orders
                                                  would apply only if the MPC Price is                    to the other factors the System evaluates             and quotes protect investors and the
                                                  priced less aggressively than the limit                 upon receipt of a complex order, the                  public interest in that they are
                                                                                                          System will also evaluate and determine               reasonably designed to provide MIAX
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                                                     12 The icMBBO is a calculation that uses the best
                                                                                                          the complex order’s MPC Price.                        Options participants with additional
                                                  price from the Simple Order Book for each
                                                  component of a complex strategy including
                                                                                                                                                                tools to assist them in managing their
                                                  displayed and nondisplayed trading interest. For          13 A complex eQuote is either a Complex Auction     risk exposure. Specifically, the
                                                  stock-option orders, the icMBBO for a complex           or Cancel eQuote (‘‘cAOC eQuote’’) or a Complex       proposed MPC Price and MPC Setting
                                                  strategy will be calculated using the best price        Immediate or Cancel eQuote (‘‘cIOC eQuote’’). See
                                                                                                          Exchange Rule 518, Interpretations and Policies
                                                                                                                                                                should help MIAX Options participants
                                                  (whether displayed or non-displayed) on the
                                                  Simple Order Book in the individual option              .02(c). Because an eQuote has a time-in-force of
                                                                                                                                                                  14 15   U.S.C. 78f(b).
                                                  component(s), and the NBBO in the stock                 IOC, the unexecuted portion of an eQuote would be
                                                  component. See Exchange Rule 518(a)(11).                cancelled if not executed immediately.                  15 15   U.S.C. 78f(b)(5).



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                                                  12156                         Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Notices

                                                  mitigate the potential risks associated                   III. Date of Effectiveness of the                         submission, all subsequent
                                                  with entering complex orders or                           Proposed Rule Change and Timing for                       amendments, all written statements
                                                  eQuotes that result in the execution of                   Commission Action                                         with respect to the proposed rule
                                                  contracts at prices that are the result of                   Because the foregoing proposed rule                    change that are filed with the
                                                  extremely volatile market conditions                      change does not: (i) Significantly affect                 Commission, and all written
                                                  that were not present at the time of                      the protection of investors or the public                 communications relating to the
                                                  receipt or evaluation of the complex                      interest; (ii) impose any significant                     proposed rule change between the
                                                  order or eQuote.                                          burden on competition; and (iii) become                   Commission and any person, other than
                                                     The Exchange believes that the                         operative for 30 days after the date of                   those that may be withheld from the
                                                  proposed amendments to Exchange Rule                      the filing, or such shorter time as the                   public in accordance with the
                                                  518(c)(4) is designed to protect investors                Commission may designate, it has                          provisions of 5 U.S.C. 552, will be
                                                  and the public interest because those                     become effective pursuant to 19(b)(3)(A)                  available for Web site viewing and
                                                  amendments ensure that the MPC                            of the Act 17 and Rule 19b–4(f)(6) 18                     printing in the Commission’s Public
                                                  provides price protection in the                                                                                    Reference Room, 100 F Street NE.,
                                                                                                            thereunder.
                                                  managed interest process in the                              At any time within 60 days of the                      Washington, DC 20549, on official
                                                  situation where a complex limit order is                  filing of the proposed rule change, the                   business days between the hours of
                                                  priced more aggressively than the                         Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the
                                                  icMBBO, in the same manner as a                           temporarily suspend such rule change if                   filing also will be available for
                                                  complex market order.                                     it appears to the Commission that such                    inspection and copying at the principal
                                                     Additionally, the proposed MPC Price                   action is necessary or appropriate in the                 office of the Exchange. All comments
                                                  and MPC Setting are designed to remove                    public interest, for the protection of                    received will be posted without change;
                                                  impediments to and perfect the                                                                                      the Commission does not edit personal
                                                                                                            investors, or otherwise in furtherance of
                                                  mechanisms of a free and open market                                                                                identifying information from
                                                                                                            the purposes of the Act. If the
                                                  and a national market system and by                                                                                 submissions. You should submit only
                                                                                                            Commission takes such action, the
                                                  helping MIAX Options participants                                                                                   information that you wish to make
                                                                                                            Commission shall institute proceedings
                                                  avoid executions at extreme and                                                                                     available publicly. All submissions
                                                                                                            to determine whether the proposed rule
                                                  erroneous prices that may result from,                                                                              should refer to File Number SR–MIAX–
                                                                                                            should be approved or disapproved.
                                                  for example, technology issues with the                                                                             2017–06 and should be submitted on or
                                                  MIAX Options participant’s electronic                     IV. Solicitation of Comments                              before March 21, 2017.
                                                  trading system. To this extent, the MPC                     Interested persons are invited to                         For the Commission, by the Division of
                                                  Price and MPC Setting may help act as                     submit written data, views, and                           Trading and Markets, pursuant to delegated
                                                  a backstop to the MIAX Options                            arguments concerning the foregoing,                       authority.19
                                                  participant’s own controls and provide                    including whether the proposed rule                       Robert W. Errett,
                                                  an additional layer of protection.                        change is consistent with the Act.                        Deputy Secretary.
                                                                                                            Comments may be submitted by any of                       [FR Doc. 2017–03843 Filed 2–27–17; 8:45 am]
                                                  B. Self-Regulatory Organization’s
                                                                                                            the following methods:                                    BILLING CODE 8011–01–P
                                                  Statement on Burden on Competition
                                                                                                            Electronic Comments
                                                     The Exchange does not believe that
                                                  the proposed rule change will impose                        • Use the Commission’s Internet                         SECURITIES AND EXCHANGE
                                                  any burden on competition that is not                     comment form (http://www.sec.gov/                         COMMISSION
                                                  necessary or appropriate in furtherance                   rules/sro.shtml); or
                                                                                                                                                                      [Release No. 34–80085; File No. SR–
                                                  of the purposes of the Act.                                 • Send an email to rule-comments@                       NYSEMKT–2017–06]
                                                     The Complex MIAX Options Price                         sec.gov. Please include File Number SR–
                                                  Collar is available to all participants                   MIAX–2017–06 on the subject line.                         Self-Regulatory Organizations; NYSE
                                                  trading complex orders, and should                        Paper Comments                                            MKT LLC; Notice of Filing and
                                                  provide MIAX Options participants                                                                                   Immediate Effectiveness of Proposed
                                                                                                              • Send paper comments in triplicate                     Rule Change Amending the Eighth
                                                  with additional price protection from
                                                                                                            to Brent J. Fields, Secretary, Securities                 Amended and Restated Certificate of
                                                  extreme and erroneous executions.
                                                                                                            and Exchange Commission, 100 F Street                     Incorporation of Intercontinental
                                                  Thus, the Exchange does not believe the
                                                                                                            NE., Washington, DC 20549–1090.                           Exchange Holdings, Inc. and the Fifth
                                                  proposal creates any significant impact
                                                  on competition.                                           All submissions should refer to File                      Amended and Restated Certificate of
                                                     Additionally, respecting intra-market                  Number SR–MIAX–2017–06. This file                         Incorporation of NYSE Group, Inc.
                                                  competition, the proposed MIAX                            number should be included on the
                                                                                                            subject line if email is used. To help the                February 22, 2017.
                                                  Options Price Collar enhances                                                                                          Pursuant to Section 19(b)(1) 1 of the
                                                  competition because it is similar to                      Commission process and review your
                                                                                                            comments more efficiently, please use                     Securities Exchange Act of 1934 (the
                                                  price protections on other exchanges,16                                                                             ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  and thus should enable the Exchange to                    only one method. The Commission will
                                                                                                            post all comments on the Commission’s                     notice is hereby given that on February
                                                  compete for order flow by ensuring the                                                                              8, 2017, NYSE MKT LLC (‘‘NYSE MKT’’
                                                  same or similar protection.                               Internet Web site (http://www.sec.gov/
                                                                                                            rules/sro.shtml). Copies of the                           or the ‘‘Exchange’’), filed with the
                                                  C. Self-Regulatory Organization’s                                                                                   Securities and Exchange Commission
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Statement on Comments on the                                17 15  U.S.C. 78s(b)(3)(A).                             (the ‘‘Commission’’) the proposed rule
                                                  Proposed Rule Change Received From                          18 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      change as described in Items I and II
                                                  Members, Participants, or Others                          4(f)(6) requires a self-regulatory organization to give   below, which Items have been prepared
                                                                                                            the Commission written notice of its intent to file
                                                    Written comments were neither                           the proposed rule change at least five business days        19 17 CFR 200.30–3(a)(12).
                                                  solicited nor received.                                   prior to the date of filing of the proposed rule
                                                                                                                                                                        1 15 U.S.C. 78s(b)(1).
                                                                                                            change, or such shorter time as designated by the
                                                                                                                                                                        2 15 U.S.C. 78a.
                                                                                                            Commission. The Exchange has satisfied this
                                                    16 See   supra note 8.                                  requirement.                                                3 17 CFR 240.19b–4.




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Document Created: 2017-02-27 23:54:04
Document Modified: 2017-02-27 23:54:04
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 12153 

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