82_FR_23574 82 FR 23477 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rules 301, Just and Equitable Principles of Trade; Rule 308, Exemptions From Position Limits; Rule 404, Series of Option Contracts Open for Trading; Rule 514, Priority of Quotes and Orders; Rule 1325, Telemarketing; and Rule 1400, Definitions

82 FR 23477 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rules 301, Just and Equitable Principles of Trade; Rule 308, Exemptions From Position Limits; Rule 404, Series of Option Contracts Open for Trading; Rule 514, Priority of Quotes and Orders; Rule 1325, Telemarketing; and Rule 1400, Definitions

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 97 (May 22, 2017)

Page Range23477-23479
FR Document2017-10312

Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23477-23479]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10312]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80690; File No. SR-MIAX-2017-21]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend MIAX Options Rules 301, Just and 
Equitable Principles of Trade; Rule 308, Exemptions From Position 
Limits; Rule 404, Series of Option Contracts Open for Trading; Rule 
514, Priority of Quotes and Orders; Rule 1325, Telemarketing; and Rule 
1400, Definitions

May 16, 2017.
    Pursuant to 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 May 15, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 301, Just 
and Equitable Principles of Trade; Rule 308, Exemptions from Position 
Limits; Rule 404, Series of Option Contracts Open for Trading; Rule 
514, Priority of Quotes and Orders; Rule 1325, Telemarketing; and Rule 
1400, Definitions.
    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.

[[Page 23478]]

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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Exchange Rules 301.02, 
308(a)(7)(vi), 308(b)(6),404.02(d), 514(e)(2), 1325(n)(20), and 1400(l) 
to make minor non-substantive corrective changes.
    First, the Exchange propose to amend Exchange Rule 301, Just and 
Equitable Principles of Trade, Interpretations and Policies .02, to 
convert the numerical list item identifiers to alphabetical identifiers 
to properly conform to the hierarchical heading scheme used throughout 
the Exchange's rulebook. Additionally, there are two alphabetical 
identifiers, ``A'' and ``B'', located further in the paragraph which 
must be converted to numerical identifiers ``1'' and ``2'' 
respectively, to align to the hierarchical heading scheme of the 
Exchange's Rulebook. Therefore, the Exchange proposes to replace the 
numerical identifiers with alphabetical identifiers located in the 
beginning of the paragraph, and to then in turn replace the 
alphabetical identifiers with numerical identifiers for the references 
which occur later in the paragraph.
    Second, the Exchange proposes to amend Exchange Rule 308, 
Exemptions from Position Limits, to correct an incorrect cross 
reference. Exchange Rule 308(a)(7)(vi) states that a ``Member on its 
own behalf or on behalf of a designated aggregation unit pursuant to 
Rule 308(a)(iv) shall also report . . . ''. The reference to paragraph 
(a)(iv) of Rule 308 is incorrect as 308(a)(7)(iv) is the correct 
section, which is titled Effect on Aggregation of Account Positions. 
Therefore, the Exchange proposes to replace the reference to paragraph 
(a)(iv) with (a)(7)(iv). Additionally, the Exchange proposes to amend 
paragraph (b)(6) of Rule 308 to replace the alphabetical list 
identifiers (``A'' through ``D'') with romanette identifiers ``i'' 
through ``iv'' respectively, to align to the hierarchical heading 
scheme of the Exchange's Rulebook.
    Third, the Exchange proposes to amend Exchange Rule 404, Series of 
Option Contracts Open for Trading, Interpretations and Policies .02, 
Short Term Option Series Program, to correct a typographical error in 
paragraph (d). The fourth sentence in the paragraph begins, ``Market 
makers,'' whereas ``makers'' should be capitalized. Therefore, the 
Exchange proposes to amend the rule to replace the term ``Market 
makers'' with ``Market Makers.''
    Fourth, the Exchange proposes to amend Exchange Rule 514, Priority 
of Quotes and Orders, to correct an invalid cross reference in 
paragraph (e)(2) of the Rule. Exchange Rule 514(e)(2) describes 
``Market Maker non-priority quotes, (as described in Rule 
517(b)(1)(ii)) and Market Maker orders in both assigned and non-
assigned classes.'' The reference to paragraph 517(b)(1)(ii) is 
incorrect as 517(b)(1)(ii) describes the Priority Quote Width Standard, 
whereas 517(b)(1)(iii) describes Non-Priority Quotes. Therefore, the 
Exchange proposes to replace the reference to 517(b)(1)(ii) with 
517(b)(1)(iii).
    Fifth, the Exchange proposes to amend Exchange Rule 1325, 
Telemarketing, to correct a typographical error in paragraph (n) 
subsection (20) where the word telemarketer is incorrectly spelled 
``telelmarketer.''
    Lastly, the Exchange proposes to amend Exchange Rule 1400, 
Definitions, to make a minor non-substantive correction to paragraph 
(l). Exchange Rule 1400(l) provides the definition of the OPRA Plan as, 
``the plan filed with the SEC pursuant to Section 11Aa(1)(C)(iii) of 
the Exchange Act, approved by the SEC and declared effective as of 
January 22, 1976, as from time to time amended.'' The reference to 
11Aa(1)(C)(iii) is incorrect as the correct citation format is 
11A(a)(1)(C)(iii). Therefore, the Exchange propose to replace 
11Aa(1)(C)(iii) with 11A(a)(1)(C)(iii).
2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with 
Section 6(b) of the Act \3\ in general, and furthers the objectives of 
Section 6(b)(5) of the Act \4\ 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.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule changes promote just and 
equitable principles of trade and removes impediments to and perfects 
the mechanism of a free and open market and a national market system 
because the proposed rule change corrects errors in the hierarchical 
heading scheme to provide uniformity in the Exchange's rulebook; 
corrects incorrect cross references; and corrects minor typographical 
errors. The Exchange notes that the proposed changes do not alter the 
application of each rule. As such, the proposed amendments would foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities and would remove impediments to and perfect 
the mechanism of a free and open market and national exchange system. 
In particular, the Exchange believes that the proposed rule changes 
will provide greater clarity to Members \5\ and the public regarding 
the Exchange's Rules. It is in the public interest for rules to be 
accurate and concise so as to eliminate the potential for confusion.
---------------------------------------------------------------------------

    \5\ 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.
---------------------------------------------------------------------------

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 proposed rule change 
will have no impact on competition as it is not designed to address any 
competitive issues but rather to add additional clarity to existing 
rules and to remedy minor non-substantive issues in the text of various 
rules identified in this proposal.
    The Exchange does not believe that the proposed rule changes will 
impose any burden on intermarket competition as the Rules apply equally 
to all Exchange Members.

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.

[[Page 23479]]

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 \6\ and Rule 19b-4(f)(6) \7\ 
thereunder.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 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.
---------------------------------------------------------------------------

    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-2017-21 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-2017-21. 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-2017-21 and should be 
submitted on or before June 12, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10312 Filed 5-19-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                   23477

                                                  has requested that the Commission                       to determine whether the proposed rule                  For the Commission, by the Division of
                                                  waive the requirement that the proposed                 should be approved or disapproved.                    Trading and Markets, pursuant to delegated
                                                  rule change not become operative for 30                                                                       authority.18
                                                  days after the date of the filing so that               IV. Solicitation of Comments                          Eduardo A. Aleman,
                                                  it may become operative on the date of                    Interested persons are invited to                   Assistant Secretary.
                                                  filing.                                                 submit written data, views, and                       [FR Doc. 2017–10309 Filed 5–19–17; 8:45 am]
                                                     The Exchange notes that the proposed                 arguments concerning the foregoing,                   BILLING CODE 8011–01–P
                                                  rule change is intended to mitigate
                                                                                                          including whether the proposed rule
                                                  confidentiality concerns raised in
                                                                                                          change is consistent with the Act.
                                                  connection with section VII(A) of the                                                                         SECURITIES AND EXCHANGE
                                                                                                          Comments may be submitted by any of
                                                  Plan, which provides that the data made                                                                       COMMISSION
                                                  publicly available will not identify the                the following methods:
                                                  Trading Center that generated the data.                 Electronic Comments
                                                  The Exchange states that the additional                                                                       [Release No. 34–80690; File No. SR–MIAX–
                                                  time would allow consideration of a                       • Use the Commission’s Internet                     2017–21]
                                                  methodology to mitigate concerns                        comment form (http://www.sec.gov/
                                                                                                          rules/sro.shtml); or                                  Self-Regulatory Organizations; Miami
                                                  related to the publication of Appendix
                                                  B data.15                                                                                                     International Securities Exchange LLC;
                                                                                                            • Send an email to rule-comments@                   Notice of Filing and Immediate
                                                     The Commission believes that                         sec.gov. Please include File Number SR–
                                                  waiving the 30-day operative delay is                                                                         Effectiveness of a Proposed Rule
                                                                                                          BatsBZX–2017–31 on the subject line.                  Change To Amend MIAX Options Rules
                                                  consistent with the protection of
                                                  investors and the public interest                       Paper Comments                                        301, Just and Equitable Principles of
                                                  because it will synchronize the timing                                                                        Trade; Rule 308, Exemptions From
                                                  for publication of Appendix B data for                    • Send paper comments in triplicate                 Position Limits; Rule 404, Series of
                                                  all Participants, which should enhance                  to Secretary, Securities and Exchange                 Option Contracts Open for Trading;
                                                  the consistency and usefulness of the                   Commission, 100 F Street NE.,                         Rule 514, Priority of Quotes and
                                                  data.16 Therefore, the Commission                       Washington, DC 20549–1090.                            Orders; Rule 1325, Telemarketing; and
                                                  hereby waives the 30-day operative                      All submissions should refer to File                  Rule 1400, Definitions
                                                  delay and designates the proposed rule                  Number SR–BatsBZX–2017–31. This file                  May 16, 2017.
                                                  change to be operative on the date of                   number should be included on the
                                                  filing.17                                                                                                        Pursuant to Section 19(b)(1) of the
                                                                                                          subject line if email is used. To help the
                                                     At any time within 60 days of the                                                                          Securities Exchange Act of 1934
                                                                                                          Commission process and review your
                                                  filing of the proposed rule change, the                                                                       (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                          comments more efficiently, please use
                                                  Commission summarily may                                                                                      notice is hereby given that, on May 15,
                                                                                                          only one method. The Commission will
                                                  temporarily suspend such rule change if                                                                       2017, Miami International Securities
                                                  it appears to the Commission that such                  post all comments on the Commission’s
                                                                                                                                                                Exchange, LLC (‘‘MIAX Options’’ or
                                                  action is necessary or appropriate in the               Internet Web site (http://www.sec.gov/
                                                                                                                                                                ‘‘Exchange’’) filed with the Securities
                                                  public interest, for the protection of                  rules/sro.shtml). Copies of the
                                                                                                                                                                and Exchange Commission
                                                  investors, or otherwise in furtherance of               submission, all subsequent
                                                                                                                                                                (‘‘Commission’’) a proposed rule change
                                                  the purposes of the Act. If the                         amendments, all written statements
                                                                                                                                                                as described in Items I, II, and III below,
                                                  Commission takes such action, the                       with respect to the proposed rule
                                                                                                                                                                which Items have been prepared by the
                                                  Commission shall institute proceedings                  change that are filed with the
                                                                                                                                                                Exchange. The Commission is
                                                                                                          Commission, and all written
                                                                                                                                                                publishing this notice to solicit
                                                     15 The Commission recently approved a FINRA          communications relating to the                        comments on the proposed rule change
                                                  proposal to implement an aggregated, anonymous          proposed rule change between the
                                                  grouped masking methodology for the publication                                                               from interested persons.
                                                  of Appendix B data related to OTC trading activity.
                                                                                                          Commission and any person, other than
                                                  See Securities Exchange Release No. 80551, (April       those that may be withheld from the                   I. Self-Regulatory Organization’s
                                                  28, 2017), 82 FR 20948 (May 4, 2017). See also          public in accordance with the                         Statement of the Terms of Substance of
                                                  Letter from David S. Shillman, Associate Director,      provisions of 5 U.S.C. 552, will be                   the Proposed Rule Change
                                                  Division of Trading and Markets, Commission, to
                                                  Marcia E. Asquith, Executive Vice President FINRA,      available for Web site viewing and
                                                                                                                                                                   The Exchange is filing a proposal to
                                                  dated April 28, 2017.                                   printing in the Commission’s Public
                                                                                                                                                                amend Exchange Rule 301, Just and
                                                     16 The Commission recently granted exemptive
                                                                                                          Reference Room, 100 F Street NE.,
                                                  relief to the Participants delay the publication of                                                           Equitable Principles of Trade; Rule 308,
                                                                                                          Washington, DC 20549 on official
                                                  their Appendix B data until August 31, 2017. See                                                              Exemptions from Position Limits; Rule
                                                  Letter from David S. Shillman, Associate Director,      business days between the hours of
                                                                                                                                                                404, Series of Option Contracts Open for
                                                  Division of Trading and Markets, Commission, to         10:00 a.m. and 3:00 p.m. Copies of the
                                                  Jennifer Piorko Mitchell, Vice President and Deputy                                                           Trading; Rule 514, Priority of Quotes
                                                                                                          filing also will be available for
                                                  Corporate Secretary, FINRA, dated April 28, 2017.                                                             and Orders; Rule 1325, Telemarketing;
                                                  The Commission notes that other Participants have       inspection and copying at the principal               and Rule 1400, Definitions.
                                                  submitted proposed rule changes to delay the            office of the Exchange. All comments
                                                  publication of Appendix B data until August 31,         received will be posted without change;                  The text of the proposed rule change
                                                  2017. See e.g., SR–BatsBYX–2017–10; SR–
                                                                                                          the Commission does not edit personal                 is available on the Exchange’s Web site
                                                  BatsEDGA–2017–10; SR–BatsEDGX–2017–19; SR–                                                                    at http://www.miaxoptions.com/rule-
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                                                  BX–2017–022; SR–CHX–2017–07; SR–FINRA–                  identifying information from
                                                  2017–010; SR–IEX–2017–12; SR–NASDAQ–2017–               submissions. You should submit only                   filings, at MIAX’s principal office, and
                                                  044; SR–Phlx–2017–33; SR–NYSE–2017–19; SR–
                                                                                                          information that you wish to make                     at the Commission’s Public Reference
                                                  NYSEArca-2017–49; SR–NYSEMKT–2017–24.                                                                         Room.
                                                     17 For purposes only of waiving the operative        available publicly. All submissions
                                                  delay for this proposal, the Commission has             should refer to File Number SR–                         18 17
                                                  considered the proposed rule’s impact on                                                                              CFR 200.30–3(a)(12).
                                                                                                          BatsBZX–2017–31 and should be                           1 15
                                                  efficiency, competition, and capital formation. See                                                                  U.S.C. 78s(b)(1).
                                                  15 U.S.C. 78c(f).                                       submitted on or before June 12, 2017.                   2 17 CFR 240.19b–4.




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                                                  23478                           Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices

                                                  II. Self-Regulatory Organization’s                      ‘‘i’’ through ‘‘iv’’ respectively, to align to         persons engaged in facilitating
                                                  Statement of the Purpose of, and                        the hierarchical heading scheme of the                 transactions in securities, to remove
                                                  Statutory Basis for, the Proposed Rule                  Exchange’s Rulebook.                                   impediments to and perfect the
                                                  Change                                                     Third, the Exchange proposes to                     mechanisms of a free and open market
                                                     In its filing with the Commission, the               amend Exchange Rule 404, Series of                     and a national market system and, in
                                                  Exchange included statements                            Option Contracts Open for Trading,                     general, to protect investors and the
                                                  concerning the purpose of and basis for                 Interpretations and Policies .02, Short                public interest.
                                                  the proposed rule change and discussed                  Term Option Series Program, to correct                    The Exchange believes the proposed
                                                  any comments it received on the                         a typographical error in paragraph (d).                rule changes promote just and equitable
                                                  proposed rule change. The text of these                 The fourth sentence in the paragraph                   principles of trade and removes
                                                  statements may be examined at the                       begins, ‘‘Market makers,’’ whereas                     impediments to and perfects the
                                                  places specified in Item IV below. The                  ‘‘makers’’ should be capitalized.                      mechanism of a free and open market
                                                  Exchange has prepared summaries, set                    Therefore, the Exchange proposes to                    and a national market system because
                                                  forth in sections A, B, and C below, of                 amend the rule to replace the term                     the proposed rule change corrects errors
                                                  the most significant aspects of such                    ‘‘Market makers’’ with ‘‘Market                        in the hierarchical heading scheme to
                                                  statements.                                             Makers.’’                                              provide uniformity in the Exchange’s
                                                                                                             Fourth, the Exchange proposes to                    rulebook; corrects incorrect cross
                                                  A. Self-Regulatory Organization’s                       amend Exchange Rule 514, Priority of                   references; and corrects minor
                                                  Statement of the Purpose of, and the                    Quotes and Orders, to correct an invalid               typographical errors. The Exchange
                                                  Statutory Basis for, the Proposed Rule                  cross reference in paragraph (e)(2) of the             notes that the proposed changes do not
                                                  Change                                                  Rule. Exchange Rule 514(e)(2) describes                alter the application of each rule. As
                                                  1. Purpose                                              ‘‘Market Maker non-priority quotes, (as                such, the proposed amendments would
                                                                                                          described in Rule 517(b)(1)(ii)) and                   foster cooperation and coordination
                                                     The Exchange proposes to amend                       Market Maker orders in both assigned
                                                  Exchange Rules 301.02, 308(a)(7)(vi),                                                                          with persons engaged in facilitating
                                                                                                          and non-assigned classes.’’ The                        transactions in securities and would
                                                  308(b)(6),404.02(d), 514(e)(2),                         reference to paragraph 517(b)(1)(ii) is
                                                  1325(n)(20), and 1400(l) to make minor                                                                         remove impediments to and perfect the
                                                                                                          incorrect as 517(b)(1)(ii) describes the               mechanism of a free and open market
                                                  non-substantive corrective changes.                     Priority Quote Width Standard, whereas
                                                     First, the Exchange propose to amend                                                                        and national exchange system. In
                                                                                                          517(b)(1)(iii) describes Non-Priority                  particular, the Exchange believes that
                                                  Exchange Rule 301, Just and Equitable                   Quotes. Therefore, the Exchange
                                                  Principles of Trade, Interpretations and                                                                       the proposed rule changes will provide
                                                                                                          proposes to replace the reference to                   greater clarity to Members 5 and the
                                                  Policies .02, to convert the numerical                  517(b)(1)(ii) with 517(b)(1)(iii).
                                                  list item identifiers to alphabetical                                                                          public regarding the Exchange’s Rules.
                                                                                                             Fifth, the Exchange proposes to                     It is in the public interest for rules to be
                                                  identifiers to properly conform to the                  amend Exchange Rule 1325,
                                                  hierarchical heading scheme used                                                                               accurate and concise so as to eliminate
                                                                                                          Telemarketing, to correct a                            the potential for confusion.
                                                  throughout the Exchange’s rulebook.                     typographical error in paragraph (n)
                                                  Additionally, there are two alphabetical                subsection (20) where the word                         B. Self-Regulatory Organization’s
                                                  identifiers, ‘‘A’’ and ‘‘B’’, located further           telemarketer is incorrectly spelled                    Statement on Burden on Competition
                                                  in the paragraph which must be                          ‘‘telelmarketer.’’
                                                  converted to numerical identifiers ‘‘1’’                                                                          The Exchange does not believe that
                                                                                                             Lastly, the Exchange proposes to                    the proposed rule change will impose
                                                  and ‘‘2’’ respectively, to align to the                 amend Exchange Rule 1400, Definitions,
                                                  hierarchical heading scheme of the                                                                             any burden on competition that is not
                                                                                                          to make a minor non-substantive                        necessary or appropriate in furtherance
                                                  Exchange’s Rulebook. Therefore, the                     correction to paragraph (l). Exchange
                                                  Exchange proposes to replace the                                                                               of the purposes of the Act. The
                                                                                                          Rule 1400(l) provides the definition of                proposed rule change will have no
                                                  numerical identifiers with alphabetical                 the OPRA Plan as, ‘‘the plan filed with
                                                  identifiers located in the beginning of                                                                        impact on competition as it is not
                                                                                                          the SEC pursuant to Section                            designed to address any competitive
                                                  the paragraph, and to then in turn                      11Aa(1)(C)(iii) of the Exchange Act,
                                                  replace the alphabetical identifiers with                                                                      issues but rather to add additional
                                                                                                          approved by the SEC and declared                       clarity to existing rules and to remedy
                                                  numerical identifiers for the references                effective as of January 22, 1976, as from
                                                  which occur later in the paragraph.                                                                            minor non-substantive issues in the text
                                                                                                          time to time amended.’’ The reference to               of various rules identified in this
                                                     Second, the Exchange proposes to                     11Aa(1)(C)(iii) is incorrect as the correct
                                                  amend Exchange Rule 308, Exemptions                                                                            proposal.
                                                                                                          citation format is 11A(a)(1)(C)(iii).                     The Exchange does not believe that
                                                  from Position Limits, to correct an                     Therefore, the Exchange propose to
                                                  incorrect cross reference. Exchange Rule                                                                       the proposed rule changes will impose
                                                                                                          replace 11Aa(1)(C)(iii) with                           any burden on intermarket competition
                                                  308(a)(7)(vi) states that a ‘‘Member on                 11A(a)(1)(C)(iii).
                                                  its own behalf or on behalf of a                                                                               as the Rules apply equally to all
                                                  designated aggregation unit pursuant to                 2. Statutory Basis                                     Exchange Members.
                                                  Rule 308(a)(iv) shall also report . . . ’’.                MIAX believes that its proposed rule                C. Self-Regulatory Organization’s
                                                  The reference to paragraph (a)(iv) of                   change is consistent with Section 6(b) of              Statement on Comments on the
                                                  Rule 308 is incorrect as 308(a)(7)(iv) is               the Act 3 in general, and furthers the                 Proposed Rule Change Received From
                                                  the correct section, which is titled Effect             objectives of Section 6(b)(5) of the Act 4             Members, Participants, or Others
                                                  on Aggregation of Account Positions.                    in particular, in that it is designed to
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                                                  Therefore, the Exchange proposes to                                                                              Written comments were neither
                                                                                                          prevent fraudulent and manipulative
                                                  replace the reference to paragraph (a)(iv)                                                                     solicited nor received.
                                                                                                          acts and practices, to promote just and
                                                  with (a)(7)(iv). Additionally, the                      equitable principles of trade, to foster
                                                                                                                                                                   5 The term ‘‘Member’’ means an individual or
                                                  Exchange proposes to amend paragraph                    cooperation and coordination with                      organization approved to exercise the trading rights
                                                  (b)(6) of Rule 308 to replace the                                                                              associated with a Trading Permit. Members are
                                                  alphabetical list identifiers (‘‘A’’                     3 15   U.S.C. 78f(b).                                 deemed ‘‘members’’ under the Exchange Act. See
                                                  through ‘‘D’’) with romanette identifiers                4 15   U.S.C. 78f(b)(5).                              Exchange Rule 100.



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                                                                                    Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                       23479

                                                  III. Date of Effectiveness of the                         submission, all subsequent                             designated this proposal as a ‘‘non-
                                                  Proposed Rule Change and Timing for                       amendments, all written statements                     controversial’’ proposed rule change
                                                  Commission Action                                         with respect to the proposed rule                      pursuant to Section 19(b)(3)(A) of the
                                                     Because the foregoing proposed rule                    change that are filed with the                         Act 3 and Rule 19b–4(f)(6)(iii)
                                                  change does not: (i) Significantly affect                 Commission, and all written                            thereunder,4 which renders it effective
                                                  the protection of investors or the public                 communications relating to the                         upon filing with the Commission. The
                                                  interest; (ii) impose any significant                     proposed rule change between the                       Commission is publishing this notice to
                                                  burden on competition; and (iii) become                   Commission and any person, other than                  solicit comments on the proposed rule
                                                  operative for 30 days after the date of                   those that may be withheld from the                    change from interested persons.
                                                  the filing, or such shorter time as the                   public in accordance with the
                                                                                                            provisions of 5 U.S.C. 552, will be                    I. Self-Regulatory Organization’s
                                                  Commission may designate, it has                                                                                 Statement of the Terms of Substance of
                                                  become effective pursuant to 19(b)(3)(A)                  available for Web site viewing and
                                                                                                            printing in the Commission’s Public                    the Proposed Rule Change
                                                  of the Act 6 and Rule 19b–4(f)(6) 7
                                                                                                            Reference Room, 100 F Street NE.,                         The Exchange filed a proposal to
                                                  thereunder.
                                                     At any time within 60 days of the                      Washington, DC 20549 on official                       amend Rule 11.22 to modify the date of
                                                  filing of the proposed rule change, the                   business days between the hours of                     Appendix B Web site data publication
                                                  Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the                 pursuant to the Regulation NMS Plan to
                                                  temporarily suspend such rule change if                   filing also will be available for                      Implement a Tick Size Pilot Program
                                                  it appears to the Commission that such                    inspection and copying at the principal                (‘‘Plan’’).
                                                  action is necessary or appropriate in the                 office of the Exchange. All comments                      The text of the proposed rule change
                                                  public interest, for the protection of                    received will be posted without change;                is available at the Exchange’s Web site
                                                                                                            the Commission does not edit personal                  at www.bats.com, at the principal office
                                                  investors, or otherwise in furtherance of
                                                                                                            identifying information from                           of the Exchange, and at the
                                                  the purposes of the Act. If the
                                                                                                            submissions. You should submit only                    Commission’s Public Reference Room.
                                                  Commission takes such action, the
                                                                                                            information that you wish to make
                                                  Commission shall institute proceedings                                                                           II. Self-Regulatory Organization’s
                                                                                                            available publicly. All submissions
                                                  to determine whether the proposed rule                                                                           Statement of the Purpose of, and
                                                                                                            should refer to File Number SR–MIAX–
                                                  should be approved or disapproved.                                                                               Statutory Basis for, the Proposed Rule
                                                                                                            2017–21 and should be submitted on or
                                                  IV. Solicitation of Comments                              before June 12, 2017.                                  Change
                                                    Interested persons are invited to                         For the Commission, by the Division of                 In its filing with the Commission, the
                                                  submit written data, views, and                           Trading and Markets, pursuant to delegated             Exchange included statements
                                                  arguments concerning the foregoing,                       authority.8                                            concerning the purpose of and basis for
                                                  including whether the proposed rule                       Eduardo A. Aleman,                                     the proposed rule change and discussed
                                                  change is consistent with the Act.                        Assistant Secretary.                                   any comments it received on the
                                                  Comments may be submitted by any of                       [FR Doc. 2017–10312 Filed 5–19–17; 8:45 am]            proposed rule change. The text of these
                                                  the following methods:                                    BILLING CODE 8011–01–P
                                                                                                                                                                   statements may be examined at the
                                                                                                                                                                   places specified in Item IV below. The
                                                  Electronic Comments                                                                                              Exchange has prepared summaries, set
                                                    • Use the Commission’s Internet                         SECURITIES AND EXCHANGE                                forth in Sections A, B, and C below, of
                                                  comment form (http://www.sec.gov/                         COMMISSION                                             the most significant parts of such
                                                  rules/sro.shtml); or                                                                                             statements.
                                                                                                            [Release No. 34–80689; File No. SR–
                                                    • Send an email to rule-comments@                       BatsEDGX–2017–19]                                      A. Self-Regulatory Organization’s
                                                  sec.gov. Please include File Number SR–
                                                                                                                                                                   Statement of the Purpose of, and the
                                                  MIAX–2017–21 on the subject line.                         Self-Regulatory Organizations; Bats                    Statutory Basis for, the Proposed Rule
                                                  Paper Comments                                            EDGX Exchange, Inc.; Notice of Filing                  Change
                                                                                                            and Immediate Effectiveness of a
                                                    • Send paper comments in triplicate                     Proposed Rule Change to Rule 11.22 of                  1. Purpose
                                                  to Secretary, Securities and Exchange                     Bats EDGX Exchange, Inc. To Modify
                                                  Commission, 100 F Street NE.,                                                                                      Rule 11.22(b) (Compliance with Data
                                                                                                            the Date of Appendix B Web Site Data                   Collection Requirements) 5 implements
                                                  Washington, DC 20549–1090.                                Publication Pursuant to the Regulation                 the data collection and Web site
                                                  All submissions should refer to File                      NMS Plan To Implement a Tick Size                      publication requirements of the Plan.6
                                                  Number SR–MIAX–2017–21. This file                         Pilot Program                                          Rule 11.22(b).08 provides, among other
                                                  number should be included on the
                                                                                                            May 16, 2017.                                          things, that the requirement that the
                                                  subject line if email is used. To help the
                                                  Commission process and review your                           Pursuant to Section 19(b)(1) of the                   3 15  U.S.C. 78s(b)(3)(A).
                                                  comments more efficiently, please use                     Securities Exchange Act of 1934 (the                     4 17  CFR 240.19b–4(f)(6)(iii).
                                                  only one method. The Commission will                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                    5 See Exchange Rule 11.22(b). See also Securities

                                                  post all comments on the Commission’s                     notice is hereby given that on May 4,                  Exchange Act Release Nos. 77416 (March 22, 2016),
                                                  Internet Web site (http://www.sec.gov/                    2017, Bats EDGX Exchange, Inc. (the                    81 FR 17225 (March 28, 2016); and 78798
                                                                                                            ‘‘Exchange’’ or ‘‘EDGX’’) filed with the               (September 9, 2016), 81 FR 63532 (September 15,
                                                  rules/sro.shtml). Copies of the                                                                                  2016).
                                                                                                            Securities and Exchange Commission                        6 The Participants filed the Plan to comply with
mstockstill on DSK30JT082PROD with NOTICES




                                                    6 15  U.S.C. 78s(b)(3)(A).                              (‘‘Commission’’) the proposed rule                     an order issued by the Commission on June 24,
                                                    7 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–       change as described in Items I and II                  2014. See Letter from Brendon J. Weiss, Vice
                                                  4(f)(6) requires a self-regulatory organization to give   below, which Items have been prepared                  President, Intercontinental Exchange, Inc., to
                                                  the Commission written notice of its intent to file       by the Exchange. The Exchange has                      Secretary, Commission, dated August 25, 2014
                                                  the proposed rule change at least five business days                                                             (‘‘SRO Tick Size Plan Proposal’’). See Securities
                                                  prior to the date of filing of the proposed rule                                                                 Exchange Act Release No 72460 (June 24, 2014), 79
                                                                                                              8 17 CFR 200.30–3(a)(12).
                                                  change, or such shorter time as designated by the                                                                FR 36840 (June 30, 2014); see also Securities
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                  Commission. The Exchange has satisfied this                                                                      Exchange Act Release No. 74892 (May 6, 2015), 80
                                                  requirement.                                                2 17 CFR 240.19b–4.                                  FR 27513 (May 13, 2015).



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Document Created: 2018-11-08 08:51:22
Document Modified: 2018-11-08 08:51:22
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 23477 

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