82_FR_12698 82 FR 12656 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 519, MIAX Order Monitor

82 FR 12656 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 519, MIAX Order Monitor

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 42 (March 6, 2017)

Page Range12656-12658
FR Document2017-04205

Federal Register, Volume 82 Issue 42 (Monday, March 6, 2017)
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12656-12658]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04205]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80121; File No. SR-MIAX-2017-09]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend MIAX Options Rule 519, MIAX Order Monitor

February 28, 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 23, 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 Exchange Rule 519, MIAX 
Order Monitor.
    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
    The Exchange proposes to amend Rule 519, MIAX Order Monitor, to 
clarify the behavior of the Order Size Protection functionality 
(defined below) described in paragraph (b) and to make minor, non-
substantive changes to the rule as described below. The Exchange also 
proposes to amend Rule 519 by removing the option for a Member \3\ to 
disable the risk protection features described in paragraphs (b)-(d) of 
the rule: Order Size Protection, Open Order Protection, and Open 
Contract Protection, respectively, which are all defined below.
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    \3\ The term ``Member'' means an individual or organization 
approved to exercise the trading rights associated with a Trading 
Permit. Members are deemed ``members'' under the Exchange Act. See 
Exchange Rule 100.
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    The MIAX Order Monitor is a risk management feature of the 
Exchange's System.\4\ Pursuant to paragraph (b) of Rule 519, the MIAX 
Order Monitor prevents certain orders from executing or being placed on 
the Book \5\ if the size of the order exceeds the Order Size Protection 
designated by the Member submitting the order (proposed ``Order Size 
Protection'').\6\ If the maximum size of an order is not designated by 
the Member, the Exchange will set a default maximum value which will be 
determined by the Exchange and announced to Members through a 
Regulatory Circular.\7\
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    \4\ The term ``System'' means the automated trading system used 
by the Exchange for the trading of securities. See Exchange Rule 
100.
    \5\ The term ``Book'' means the electronic book of buy and sell 
orders and quotes maintained by the System. See Exchange Rule 100.
    \6\ See Exchange Rule 519(b).
    \7\ The Exchange notes that the current default maximum order 
size is 10,000 contracts.
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    Pursuant to paragraph (c) of Rule 519, the MIAX Order Monitor 
rejects any orders that exceed the maximum number of open orders held 
in the System on behalf of a particular Member (the ``Open Order 
Protection'').\8\ If the maximum number of open orders is not 
designated by the Member, the Exchange will set a default maximum value 
which will be determined by the Exchange and announced to Members 
through a Regulatory Circular.\9\
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    \8\ See Exchange Rule 519(c).
    \9\ The Exchange notes that the current default maximum number 
of open orders is 30,000.
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    Pursuant to paragraph (d) of Rule 519, the MIAX Order Monitor 
rejects any orders that cause the number of open contracts represented 
by orders held in the System on behalf of a particular Member (the 
``Open Contract Protection'') \10\ to exceed a specified maximum number 
of contracts. If the maximum number of open contracts is not designated 
by the Member, the Exchange will set a default maximum value which will 
be determined by the Exchange and announced to Members through a 
Regulatory Circular.\11\
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    \10\ See Exchange Rule 519(d).
    \11\ The Exchange notes that the current default maximum number 
of open contracts is 1,000,000.
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    The Exchange also proposes to make minor, non-substantive changes 
to paragraph (b) to make the language clear and consistent with the 
remainder of the rule. The Exchange proposes to amend the heading of 
paragraph (b) from ``Order Size Protections'' to ``Order Size 
Protection'' to more accurately reflect the scope of the functionality. 
Additionally, the Exchange proposes to change the rule text to more 
accurately describe that the functionality operates on a per order 
basis. The Exchange proposes to make clarifying changes to the second 
sentence by changing the first occurrence of ``orders'' to ``an order'' 
and changing the second occurrence of ``orders'' to ``order'' and 
placing it after the word ``maximum'' so the proposed revised sentence 
would read, ``[i]f the maximum size of an order is not designated by 
the Member, the Exchange will set a maximum order size on behalf of the 
Member by default.'' The Order Size Protection operates on an order by 
order basis, and the Exchange believes the revised language more 
accurately describes the functionality.
    Additionally, the Exchange proposes to amend paragraph (b) to 
eliminate the option for Members to disable the Order Size Protection. 
The proposed sentence will read, ``[m]embers may designate the order 
size protection on a firm wide basis.'' Should a Member fail to 
designate an Order Size Protection value, the Exchange will apply a 
default setting, which it will determine and announce to Members 
through a Regulatory Circular.
    The Exchange also proposes to amend paragraph (c) to remove the 
option for Members to disable the Open Order Protection. If a Member 
does not designate an appropriate value, the Exchange will apply a 
default value, which it will determine and announce to Members through 
a Regulatory Circular.

[[Page 12657]]

    Finally, the Exchange proposes to amend paragraph (d) to remove the 
option for Members to disable the Open Contract Protection. If a Member 
does not designate an appropriate value, the Exchange will apply a 
default value, which it will determine and announce to Members through 
a Regulatory Circular.
    The proposed rule change is designed to protect market participants 
by eliminating the option for Members to disable the Order Size 
Protection, Open Order Protection, and Open Contract Protection 
features of the MIAX Order Monitor. The proposed rule change ensures 
that settings are in place, either provided by the Member or the 
Exchange, that can be used to (i) avoid the potential submission of 
erroneously sized orders to the Exchange (Order Size Protection), (ii) 
prevent market participants from exceeding the number of open orders in 
the System (Open Order Protection), or (iii) the number of open 
contracts represented by orders in the System (Open Contract 
Protection).
    In addition, the Exchange believes that clarifying the operation of 
the Order Size Protection functionality will enable market participants 
to better understand the risk protections available on the Exchange.
    The Exchange notes that some of its rules are incorporated by 
reference by MIAX PEARL,\12\ and in addition, that MIAX Options and 
MIAX PEARL have other rules in common. MIAX Options and MIAX PEARL also 
have a number of common Members and where feasible the Exchange intends 
to implement similar behavior of matching rules on each Exchange to 
provide consistency between the Exchanges so as to avoid confusion 
among Members. Aligning similar rules on MIAX Options and MIAX PEARL 
provides transparency and clarity in the rules and minimizes the 
potential for confusion, thereby protecting investors and the public 
interest.
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    \12\ See MIAX PEARL Exchange Rules Chapter III, VII, VIII, IX, 
XI, XIII, XIV, XV, and XVI.
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    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 \13\ in general, and furthers the objectives of 
Section 6(b)(5) of the Act \14\ 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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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change is designed to protect investors and the 
public interest by eliminating the option for market participants to 
disable Order Size Protection, Open Order Protection, and Open Contract 
Protection, which ensures either a value provided by the firm or a 
default Exchange setting is used, to help market participants avoid the 
potential submission of orders to the Exchange that would cause them to 
be at unintended risk levels. The proposed rule change ensures that all 
orders being submitted to the Exchange have risk protection settings in 
place. Eliminating a market participant's ability to disable Order Size 
Protection will help reduce the negative impacts of receiving an 
erroneously sized order. Eliminating a market participant's ability to 
disable Open Order and Open Contract Protections will ensure that risk 
protections are in place to account for sudden, unanticipated 
volatility in individual options, and will 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 all market participants will benefit 
from the proposed change to the Rule. Market participants 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 the MIAX Order Monitor, market 
participants 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 the MIAX Order Monitor should 
instill additional confidence in market participants that submit orders 
to the Exchange that there are adequate risk protections in place, and 
thus should encourage market participants to submit additional order 
flow to the Exchange, thereby removing impediments to and perfecting 
the mechanisms of a free and open market and a national market system, 
and in general, protecting investors and the public interest.
    In addition, the Exchange believes that the proposed amendment 
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 by helping to eliminate potential confusion on 
behalf of market participants by clearly describing the Order Size 
Protection functionality. Further, the Exchange believes that 
clarifying the operation of the risk protections available on the 
Exchange promotes the protection of investors and the public interest 
by helping market participants avoid the potential submission and 
subsequent execution of erroneously sized orders.
    Finally, the Exchange notes that some of its rules are incorporated 
by reference by MIAX PEARL,\15\ and in addition, that MIAX Options and 
MIAX PEARL have other rules in common. MIAX Options and MIAX PEARL also 
have a number of common Members and where feasible the Exchange intends 
to implement similar behavior of matching rules on each Exchange to 
provide consistency between the Exchanges so as to avoid confusion 
among Members. Aligning similar rules on MIAX Options and MIAX PEARL 
provides transparency and clarity in the rules and minimizes the 
potential for confusion, thereby protecting investors and the public 
interest.
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    \15\ See supra note 12.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. Specifically, the Exchange 
believes the proposed changes will not impose any burden on intra-
market competition because it applies to all MIAX Options participants 
equally. In addition, the Exchange does not believe the proposal will 
impose any burden on inter-market competition as the proposal is 
intended to protect investors by providing further transparency 
regarding the MIAX Order Monitor feature.

[[Page 12658]]

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) \17\ 
thereunder.
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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.
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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-2017-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2017-09. 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-2017-09 and should be 
submitted on or before March 27, 2017.
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    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-04205 Filed 3-3-17; 8:45 am]
BILLING CODE 8011-01-P



                                                    12656                          Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices

                                                      For the Commission, by the Division of                forth in sections A, B, and C below, of                   Pursuant to paragraph (d) of Rule 519,
                                                    Trading and Markets, pursuant to delegated              the most significant aspects of such                   the MIAX Order Monitor rejects any
                                                    authority.18                                            statements.                                            orders that cause the number of open
                                                    Eduardo A. Aleman,                                                                                             contracts represented by orders held in
                                                    Assistant Secretary.
                                                                                                            A. Self-Regulatory Organization’s
                                                                                                                                                                   the System on behalf of a particular
                                                                                                            Statement of the Purpose of, and
                                                    [FR Doc. 2017–04202 Filed 3–3–17; 8:45 am]                                                                     Member (the ‘‘Open Contract
                                                                                                            Statutory Basis for, the Proposed Rule
                                                    BILLING CODE 8011–01–P                                                                                         Protection’’) 10 to exceed a specified
                                                                                                            Change
                                                                                                                                                                   maximum number of contracts. If the
                                                                                                            1. Purpose                                             maximum number of open contracts is
                                                    SECURITIES AND EXCHANGE                                                                                        not designated by the Member, the
                                                    COMMISSION                                                 The Exchange proposes to amend
                                                                                                                                                                   Exchange will set a default maximum
                                                                                                            Rule 519, MIAX Order Monitor, to
                                                    [Release No. 34–80121; File No. SR–MIAX–                                                                       value which will be determined by the
                                                                                                            clarify the behavior of the Order Size
                                                    2017–09]                                                                                                       Exchange and announced to Members
                                                                                                            Protection functionality (defined below)
                                                                                                                                                                   through a Regulatory Circular.11
                                                                                                            described in paragraph (b) and to make
                                                    Self-Regulatory Organizations; Miami                    minor, non-substantive changes to the                     The Exchange also proposes to make
                                                    International Securities Exchange LLC;                  rule as described below. The Exchange                  minor, non-substantive changes to
                                                    Notice of Filing and Immediate                          also proposes to amend Rule 519 by                     paragraph (b) to make the language clear
                                                    Effectiveness of a Proposed Rule                        removing the option for a Member 3 to                  and consistent with the remainder of the
                                                    Change To Amend MIAX Options Rule                       disable the risk protection features                   rule. The Exchange proposes to amend
                                                    519, MIAX Order Monitor                                 described in paragraphs (b)–(d) of the                 the heading of paragraph (b) from
                                                                                                            rule: Order Size Protection, Open Order                ‘‘Order Size Protections’’ to ‘‘Order Size
                                                    February 28, 2017.
                                                                                                            Protection, and Open Contract                          Protection’’ to more accurately reflect
                                                       Pursuant to the provisions of Section                                                                       the scope of the functionality.
                                                    19(b)(1) of the Securities Exchange Act                 Protection, respectively, which are all
                                                                                                            defined below.                                         Additionally, the Exchange proposes to
                                                    of 1934 (‘‘Act’’)1 and Rule 19b–4                                                                              change the rule text to more accurately
                                                    thereunder,2 notice is hereby given that                   The MIAX Order Monitor is a risk
                                                                                                                                                                   describe that the functionality operates
                                                    on February 23, 2017, Miami                             management feature of the Exchange’s
                                                                                                                                                                   on a per order basis. The Exchange
                                                    International Securities Exchange, LLC                  System.4 Pursuant to paragraph (b) of
                                                                                                                                                                   proposes to make clarifying changes to
                                                    (‘‘MIAX Options’’ or ‘‘Exchange’’) filed                Rule 519, the MIAX Order Monitor
                                                                                                                                                                   the second sentence by changing the
                                                    with the Securities and Exchange                        prevents certain orders from executing
                                                                                                                                                                   first occurrence of ‘‘orders’’ to ‘‘an
                                                    Commission (‘‘Commission’’) a                           or being placed on the Book 5 if the size
                                                                                                                                                                   order’’ and changing the second
                                                    proposed rule change as described in                    of the order exceeds the Order Size
                                                                                                                                                                   occurrence of ‘‘orders’’ to ‘‘order’’ and
                                                    Items I, II, and III below, which Items                 Protection designated by the Member
                                                                                                                                                                   placing it after the word ‘‘maximum’’ so
                                                    have been prepared by the Exchange.                     submitting the order (proposed ‘‘Order
                                                                                                                                                                   the proposed revised sentence would
                                                    The Commission is publishing this                       Size Protection’’).6 If the maximum size
                                                                                                                                                                   read, ‘‘[i]f the maximum size of an order
                                                    notice to solicit comments on the                       of an order is not designated by the
                                                                                                                                                                   is not designated by the Member, the
                                                    proposed rule change from interested                    Member, the Exchange will set a default
                                                                                                                                                                   Exchange will set a maximum order size
                                                    persons.                                                maximum value which will be
                                                                                                                                                                   on behalf of the Member by default.’’
                                                                                                            determined by the Exchange and
                                                    I. Self-Regulatory Organization’s                                                                              The Order Size Protection operates on
                                                                                                            announced to Members through a
                                                    Statement of the Terms of Substance of                                                                         an order by order basis, and the
                                                                                                            Regulatory Circular.7
                                                    the Proposed Rule Change                                                                                       Exchange believes the revised language
                                                                                                               Pursuant to paragraph (c) of Rule 519,              more accurately describes the
                                                       The Exchange is filing a proposal to                 the MIAX Order Monitor rejects any                     functionality.
                                                    amend Exchange Rule 519, MIAX Order                     orders that exceed the maximum
                                                    Monitor.                                                number of open orders held in the                         Additionally, the Exchange proposes
                                                       The text of the proposed rule change                 System on behalf of a particular Member                to amend paragraph (b) to eliminate the
                                                    is available on the Exchange’s Web site                 (the ‘‘Open Order Protection’’).8 If the               option for Members to disable the Order
                                                    at http://www.miaxoptions.com/rule-                     maximum number of open orders is not                   Size Protection. The proposed sentence
                                                    filings, at MIAX’s principal office, and                designated by the Member, the                          will read, ‘‘[m]embers may designate the
                                                    at the Commission’s Public Reference                    Exchange will set a default maximum                    order size protection on a firm wide
                                                    Room.                                                   value which will be determined by the                  basis.’’ Should a Member fail to
                                                                                                            Exchange and announced to Members                      designate an Order Size Protection
                                                    II. Self-Regulatory Organization’s                                                                             value, the Exchange will apply a default
                                                    Statement of the Purpose of, and                        through a Regulatory Circular.9
                                                                                                                                                                   setting, which it will determine and
                                                    Statutory Basis for, the Proposed Rule                                                                         announce to Members through a
                                                                                                               3 The term ‘‘Member’’ means an individual or
                                                    Change                                                                                                         Regulatory Circular.
                                                                                                            organization approved to exercise the trading rights
                                                      In its filing with the Commission, the                associated with a Trading Permit. Members are             The Exchange also proposes to amend
                                                    Exchange included statements                            deemed ‘‘members’’ under the Exchange Act. See         paragraph (c) to remove the option for
                                                                                                            Exchange Rule 100.
                                                    concerning the purpose of and basis for                    4 The term ‘‘System’’ means the automated
                                                                                                                                                                   Members to disable the Open Order
                                                    the proposed rule change and discussed                  trading system used by the Exchange for the trading    Protection. If a Member does not
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    any comments it received on the                         of securities. See Exchange Rule 100.                  designate an appropriate value, the
                                                    proposed rule change. The text of these                    5 The term ‘‘Book’’ means the electronic book of    Exchange will apply a default value,
                                                    statements may be examined at the                       buy and sell orders and quotes maintained by the       which it will determine and announce
                                                                                                            System. See Exchange Rule 100.
                                                    places specified in Item IV below. The                     6 See Exchange Rule 519(b).
                                                                                                                                                                   to Members through a Regulatory
                                                    Exchange has prepared summaries, set                       7 The Exchange notes that the current default       Circular.
                                                                                                            maximum order size is 10,000 contracts.
                                                      18 17 CFR 200.30–3(a)(12).                               8 See Exchange Rule 519(c).                           10 See
                                                                                                                                                                         Exchange Rule 519(d).
                                                      1 15 U.S.C. 78s(b)(1).                                   9 The Exchange notes that the current default         11 The
                                                                                                                                                                         Exchange notes that the current default
                                                      2 17 CFR 240.19b–4.                                   maximum number of open orders is 30,000.               maximum number of open contracts is 1,000,000.



                                               VerDate Sep<11>2014   19:24 Mar 03, 2017   Jkt 241001   PO 00000   Frm 00124   Fmt 4703   Sfmt 4703   E:\FR\FM\06MRN1.SGM      06MRN1


                                                                                   Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices                                               12657

                                                       Finally, the Exchange proposes to                    objectives of Section 6(b)(5) of the Act 14             flow to the Exchange, thereby removing
                                                    amend paragraph (d) to remove the                       in particular, in that it is designed to                impediments to and perfecting the
                                                    option for Members to disable the Open                  prevent fraudulent and manipulative                     mechanisms of a free and open market
                                                    Contract Protection. If a Member does                   acts and practices, to promote just and                 and a national market system, and in
                                                    not designate an appropriate value, the                 equitable principles of trade, to foster                general, protecting investors and the
                                                    Exchange will apply a default value,                    cooperation and coordination with                       public interest.
                                                    which it will determine and announce                    persons engaged in facilitating
                                                                                                            transactions in securities, to remove                      In addition, the Exchange believes
                                                    to Members through a Regulatory
                                                    Circular.                                               impediments to and perfect the                          that the proposed amendment removes
                                                                                                            mechanisms of a free and open market                    impediments to and perfects the
                                                       The proposed rule change is designed
                                                                                                            and a national market system and, in                    mechanisms of a free and open market
                                                    to protect market participants by
                                                    eliminating the option for Members to                   general, to protect investors and the                   and a national market system and, in
                                                    disable the Order Size Protection, Open                 public interest.                                        general, protects investors and the
                                                    Order Protection, and Open Contract                        The proposed rule change is designed                 public interest by helping to eliminate
                                                    Protection features of the MIAX Order                   to protect investors and the public                     potential confusion on behalf of market
                                                    Monitor. The proposed rule change                       interest by eliminating the option for                  participants by clearly describing the
                                                    ensures that settings are in place, either              market participants to disable Order                    Order Size Protection functionality.
                                                    provided by the Member or the                           Size Protection, Open Order Protection,                 Further, the Exchange believes that
                                                    Exchange, that can be used to (i) avoid                 and Open Contract Protection, which                     clarifying the operation of the risk
                                                    the potential submission of erroneously                 ensures either a value provided by the                  protections available on the Exchange
                                                    sized orders to the Exchange (Order Size                firm or a default Exchange setting is                   promotes the protection of investors and
                                                    Protection), (ii) prevent market                        used, to help market participants avoid                 the public interest by helping market
                                                    participants from exceeding the number                  the potential submission of orders to the               participants avoid the potential
                                                    of open orders in the System (Open                      Exchange that would cause them to be
                                                                                                                                                                    submission and subsequent execution of
                                                    Order Protection), or (iii) the number of               at unintended risk levels. The proposed
                                                                                                                                                                    erroneously sized orders.
                                                    open contracts represented by orders in                 rule change ensures that all orders being
                                                                                                            submitted to the Exchange have risk                        Finally, the Exchange notes that some
                                                    the System (Open Contract Protection).
                                                                                                            protection settings in place. Eliminating               of its rules are incorporated by reference
                                                       In addition, the Exchange believes                                                                           by MIAX PEARL,15 and in addition, that
                                                                                                            a market participant’s ability to disable
                                                    that clarifying the operation of the Order              Order Size Protection will help reduce                  MIAX Options and MIAX PEARL have
                                                    Size Protection functionality will enable               the negative impacts of receiving an                    other rules in common. MIAX Options
                                                    market participants to better understand                erroneously sized order. Eliminating a                  and MIAX PEARL also have a number
                                                    the risk protections available on the                   market participant’s ability to disable
                                                    Exchange.                                                                                                       of common Members and where feasible
                                                                                                            Open Order and Open Contract                            the Exchange intends to implement
                                                       The Exchange notes that some of its                  Protections will ensure that risk                       similar behavior of matching rules on
                                                    rules are incorporated by reference by                  protections are in place to account for
                                                    MIAX PEARL,12 and in addition, that                                                                             each Exchange to provide consistency
                                                                                                            sudden, unanticipated volatility in                     between the Exchanges so as to avoid
                                                    MIAX Options and MIAX PEARL have                        individual options, and will serve to
                                                    other rules in common. MIAX Options                                                                             confusion among Members. Aligning
                                                                                                            preserve an orderly market in a
                                                    and MIAX PEARL also have a number                                                                               similar rules on MIAX Options and
                                                                                                            transparent and uniform manner,
                                                    of common Members and where feasible                                                                            MIAX PEARL provides transparency
                                                                                                            increase overall market confidence, and
                                                    the Exchange intends to implement                       promote fair and orderly markets and                    and clarity in the rules and minimizes
                                                    similar behavior of matching rules on                   further the protection of investors.                    the potential for confusion, thereby
                                                    each Exchange to provide consistency                       The Exchange believes that all market                protecting investors and the public
                                                    between the Exchanges so as to avoid                    participants will benefit from the                      interest.
                                                    confusion among Members. Aligning                       proposed change to the Rule. Market                     B. Self-Regulatory Organization’s
                                                    similar rules on MIAX Options and                       participants are vulnerable to risks                    Statement on Burden on Competition
                                                    MIAX PEARL provides transparency                        stemming from market events which
                                                    and clarity in the rules and minimizes                  may cause them to send a large number                      The Exchange does not believe that
                                                    the potential for confusion, thereby                    of orders or receive multiple, automatic                the proposed rule change will impose
                                                    protecting investors and the public                     executions before they can adjust their                 any burden on competition that is not
                                                    interest.                                               order exposure in the market. Without                   necessary or appropriate in furtherance
                                                       The Exchange will announce the                       adequate risk management tools, such as                 of the purposes of the Act. Specifically,
                                                    implementation date of the proposed                     the MIAX Order Monitor, market                          the Exchange believes the proposed
                                                    rule change by Regulatory Circular to be                participants could reduce the amount of
                                                                                                                                                                    changes will not impose any burden on
                                                    published no later than 60 days                         order flow and liquidity that they
                                                                                                                                                                    intra-market competition because it
                                                    following the operative date of the                     provide to the market. Such actions may
                                                                                                            undermine the quality of the markets                    applies to all MIAX Options
                                                    proposed rule. The implementation date
                                                                                                            available to customers and other market                 participants equally. In addition, the
                                                    will be no later than 60 days following
                                                    the issuance of the Regulatory Circular.                participants. Accordingly, the proposed                 Exchange does not believe the proposal
                                                                                                            amendments to the MIAX Order                            will impose any burden on inter-market
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                                                    2. Statutory Basis                                      Monitor should instill additional                       competition as the proposal is intended
                                                      MIAX believes that its proposed rule                  confidence in market participants that                  to protect investors by providing further
                                                    change is consistent with Section 6(b) of               submit orders to the Exchange that there                transparency regarding the MIAX Order
                                                    the Act 13 in general, and furthers the                 are adequate risk protections in place,                 Monitor feature.
                                                                                                            and thus should encourage market
                                                      12 See MIAX PEARL Exchange Rules Chapter III,         participants to submit additional order
                                                    VII, VIII, IX, XI, XIII, XIV, XV, and XVI.
                                                      13 15 U.S.C. 78f(b).                                    14 15   U.S.C. 78f(b)(5).                               15 See   supra note 12.



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                                                    12658                            Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices

                                                    C. Self-Regulatory Organization’s                         subject line if email is used. To help the           15, 2017, New York Stock Exchange
                                                    Statement on Comments on the                              Commission process and review your                   LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
                                                    Proposed Rule Change Received From                        comments more efficiently, please use                with the Securities and Exchange
                                                    Members, Participants, or Others                          only one method. The Commission will                 Commission (the ‘‘Commission’’) the
                                                      Written comments were neither                           post all comments on the Commission’s                proposed rule change as described in
                                                    solicited nor received.                                   Internet Web site (http://www.sec.gov/               Items I and II below, which Items have
                                                                                                              rules/sro.shtml). Copies of the                      been prepared by the self-regulatory
                                                    III. Date of Effectiveness of the                         submission, all subsequent                           organization. The Commission is
                                                    Proposed Rule Change and Timing for                       amendments, all written statements                   publishing this notice to solicit
                                                    Commission Action                                         with respect to the proposed rule                    comments on the proposed rule change
                                                       Because the foregoing proposed rule                    change that are filed with the                       from interested persons.
                                                    change does not: (i) Significantly affect                 Commission, and all written
                                                                                                              communications relating to the                       I. Self-Regulatory Organization’s
                                                    the protection of investors or the public                                                                      Statement of the Terms of the Substance
                                                    interest; (ii) impose any significant                     proposed rule change between the
                                                                                                              Commission and any person, other than                of the Proposed Rule Change
                                                    burden on competition; and (iii) become
                                                    operative for 30 days after the date of                   those that may be withheld from the                     The Exchange proposes to change the
                                                    the filing, or such shorter time as the                   public in accordance with the                        co-location services offered by the
                                                    Commission may designate, it has                          provisions of 5 U.S.C. 552, will be                  Exchange to include a means for co-
                                                    become effective pursuant to 19(b)(3)(A)                  available for Web site viewing and                   located Users to receive the Toronto
                                                    of the Act 16 and Rule 19b–4(f)(6) 17                     printing in the Commission’s Public                  Stock Market market data feed through
                                                    thereunder.                                               Reference Room, 100 F Street NE.,                    a wireless connection. In addition, the
                                                       At any time within 60 days of the                      Washington, DC 20549, on official                    proposed rule change reflects changes to
                                                    filing of the proposed rule change, the                   business days between the hours of                   the Exchange’s Price List related to the
                                                    Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the               proposed service. The proposed rule
                                                    temporarily suspend such rule change if                   filing also will be available for                    change is available on the Exchange’s
                                                    it appears to the Commission that such                    inspection and copying at the principal              Web site at www.nyse.com, at the
                                                    action is necessary or appropriate in the                 office of the Exchange. All comments                 principal office of the Exchange, and at
                                                    public interest, for the protection of                    received will be posted without change;              the Commission’s Public Reference
                                                    investors, or otherwise in furtherance of                 the Commission does not edit personal                Room.
                                                    the purposes of the Act. If the                           identifying information from
                                                                                                              submissions. You should submit only                  II. Self-Regulatory Organization’s
                                                    Commission takes such action, the                                                                              Statement of the Purpose of, and
                                                    Commission shall institute proceedings                    information that you wish to make
                                                                                                              available publicly. All submissions                  Statutory Basis for, the Proposed Rule
                                                    to determine whether the proposed rule                                                                         Change
                                                                                                              should refer to File Number SR–MIAX–
                                                    should be approved or disapproved.
                                                                                                              2017–09 and should be submitted on or                   In its filing with the Commission, the
                                                    IV. Solicitation of Comments                              before March 27, 2017.                               self-regulatory organization included
                                                      Interested persons are invited to                         For the Commission, by the Division of             statements concerning the purpose of,
                                                    submit written data, views, and                           Trading and Markets, pursuant to delegated           and basis for, the proposed rule change
                                                    arguments concerning the foregoing,                       authority.18                                         and discussed any comments it received
                                                    including whether the proposed rule                       Eduardo A. Aleman,                                   on the proposed rule change. The text
                                                    change is consistent with the Act.                        Assistant Secretary.                                 of those statements may be examined at
                                                    Comments may be submitted by any of                       [FR Doc. 2017–04205 Filed 3–3–17; 8:45 am]           the places specified in Item IV below.
                                                    the following methods:                                    BILLING CODE 8011–01–P
                                                                                                                                                                   The Exchange has prepared summaries,
                                                                                                                                                                   set forth in sections A, B, and C below,
                                                    Electronic Comments                                                                                            of the most significant parts of such
                                                      • Use the Commission’s Internet                         SECURITIES AND EXCHANGE                              statements.
                                                    comment form (http://www.sec.gov/                         COMMISSION                                           A. Self-Regulatory Organization’s
                                                    rules/sro.shtml); or                                                                                           Statement of the Purpose of, and
                                                                                                              [Release No. 34–80125; File No. SR–NYSE–
                                                      • Send an email to rule-comments@                       2017–05]                                             Statutory Basis for, the Proposed Rule
                                                    sec.gov. Please include File Number SR–                                                                        Change
                                                    MIAX–2017–09 on the subject line.                         Self-Regulatory Organizations; New
                                                                                                              York Stock Exchange LLC; Notice of                   1. Purpose
                                                    Paper Comments
                                                                                                              Filing and Immediate Effectiveness of                   The Exchange proposes to change the
                                                      • Send paper comments in triplicate                     Proposed Rule Change to the Co-                      co-location 4 services offered by the
                                                    to Secretary, Securities and Exchange                     Location Services Offered by the                     Exchange to include a means for Users 5
                                                    Commission, 100 F Street NE.,                             Exchange Adding a Wireless
                                                    Washington, DC 20549–1090.                                Connection to Toronto Stock                             4 The Exchange initially filed rule changes

                                                    All submissions should refer to File                      Exchange (TSX) Third Party Data                      relating to its co-location services with the
                                                    Number SR–MIAX–2017–09. This file                                                                              Securities and Exchange Commission
                                                                                                              February 28, 2017.                                   (‘‘Commission’’) in 2010. See Securities Exchange
                                                    number should be included on the                                                                               Act Release No. 62960 (September 21, 2010), 75 FR
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                                                                                                                 Pursuant to Section 19(b)(1) 1 of the             59310 (September 27, 2010) (SR–NYSE–2010–56).
                                                      16 15  U.S.C. 78s(b)(3)(A).                             Securities Exchange Act of 1934 (the                 The Exchange operates a data center in Mahwah,
                                                      17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3               New Jersey (the ‘‘Data Center’’) from which it
                                                    4(f)(6) requires a self-regulatory organization to give   notice is hereby given that on February              provides co-location services to Users.
                                                    the Commission written notice of its intent to file                                                               5 For purposes of the Exchange’s co-location

                                                    the proposed rule change at least five business days        18 17
                                                                                                                                                                   services, a ‘‘User’’ means any market participant
                                                    prior to the date of filing of the proposed rule                  CFR 200.30–3(a)(12).                         that requests to receive co-location services directly
                                                                                                                1 15 U.S.C.78s(b)(1).
                                                    change, or such shorter time as designated by the                                                              from the Exchange. See Securities Exchange Act
                                                                                                                2 15 U.S.C. 78a.
                                                    Commission. The Exchange has satisfied this                                                                    Release No. 76008 (September 29, 2015), 80 FR
                                                    requirement.                                                3 17 CFR 240.19b–4.                                60190 (October 5, 2015) (SR–NYSE–2015–40). As



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Document Created: 2017-03-04 00:06:35
Document Modified: 2017-03-04 00:06:35
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 12656 

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