82_FR_25497 82 FR 25393 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 515A, MIAX Price Improvement Mechanism (“PRIME”) and PRIME Solicitation Mechanism

82 FR 25393 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 515A, MIAX Price Improvement Mechanism (“PRIME”) and PRIME Solicitation Mechanism

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 104 (June 1, 2017)

Page Range25393-25398
FR Document2017-11355

Federal Register, Volume 82 Issue 104 (Thursday, June 1, 2017)
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25393-25398]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11355]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80779; File No. SR-MIAX-2017-22]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend MIAX Options Rule 515A, MIAX Price 
Improvement Mechanism (``PRIME'') and PRIME Solicitation Mechanism

May 26, 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 May 17, 2017, Miami International Securities 
Exchange, LLC (``MIAX Options'' or ``Exchange'') filed with the 
Securities and Exchange Commission

[[Page 25394]]

(``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 515A to 
reflect changes to the MIAX Options Price Improvement Mechanism 
(``PRIME'').
    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 Exchange Rule 515A, MIAX Price 
Improvement Mechanism (``PRIME'') and PRIME Solicitation Mechanism, to 
reflect new functionality to be included in the PRIME process, as 
described below. The Exchange is also proposing certain clarifying 
technical amendments to the Rule.
Background
    MIAX PRIME is a price-improvement mechanism on the Exchange under 
which a Member \3\ (``Initiating Member'') electronically submits an 
order that it represents as agent (an ``Agency Order'') into a PRIME 
Auction (``Auction''). The Initiating Member, in submitting an Agency 
Order, must be willing to either (i) cross the Agency Order at a single 
price (a ``single-price submission'') as principal, or (ii) 
automatically match (``auto-match''), as principal, the price and size 
of responses to a Request for Response (``RFR'') that is broadcast to 
MIAX Options participants up to an optional designated limit price. 
Such a response is known as an ``RFR response.'' \4\ Members wishing to 
participate in the PRIME Auction may do so by submitting RFR responses 
during the RFR period (see below), which is currently 500 milliseconds.
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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 Act. See Exchange 
Rule 100.
    \4\ See Exchange Rule 515A(a)(2)(i). When the Exchange receives 
a properly designated Agency Order for auction processing, an RFR 
detailing the option, side, size, and initiating price will be sent 
to all subscribers of the Exchange's data feeds. The RFR currently 
lasts for 500 milliseconds. Members may submit responses to the RFR 
(specifying prices and sizes). RFR responses shall be an Auction or 
Cancel (``AOC'') order or an AOC eQuote. Such responses cannot cross 
the disseminated MIAX Best Bid or Offer (``MBBO'') on the opposite 
side of the market from the response.
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Multiple Auctions
    The Exchange is proposing to amend Rule 515A(a)(2) to state that, 
as today, only one Auction may be ongoing at any given time in an 
option. The Exchange is proposing to modify the rule to account for the 
trading of complex orders on the Exchange.\5\ Specifically, Rule 
515A(a)(2) will continue to state clearly that only one Auction may be 
ongoing at any given time in an option and Auctions in the same option 
may not queue or overlap in any manner. In addition, the Exchange 
proposes to amend the Rule by stating that the System \6\ will reject 
an Agency Order if, at the time of receipt of the Agency Order, the 
option is in an Auction or is a component of a complex strategy \7\ 
that is the subject of a Complex Auction pursuant to Rule 518(d). The 
Exchange believes that the rejection of Agency Orders that are received 
in an option in which an Auction or Complex Auction is ongoing ensures 
that there will not be any interference with the potential for price 
improvement for the Agency Order from one ongoing auction type to 
another.
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    \5\ See Exchange Rule 518. See also, Securities Exchange Act 
Release No. 79072 (October 7, 2016), 81 FR 71131 (October 14, 2016) 
(SR-MIAX-2016-26).
    \6\ The term ``System'' means the automated trading system used 
by the Exchange for the trading of securities. See Exchange Rule 
100.
    \7\ The term ``complex strategy'' means a particular combination 
of components and their ratios to one another. New complex 
strategies can be created as the result of the receipt of a complex 
order or by the Exchange for a complex strategy that is not 
currently in the System. The Exchange may limit the number of new 
complex strategies that may be in the System at a particular time 
and will communicate this limitation to Members via Regulatory 
Circular. See Exchange Rule 518(a)(6).
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    The Exchange notes that the limitation against simultaneous ongoing 
Auctions and Complex Auctions applies to the specific option being 
auctioned. The term ``option'' in the Exchange's rules refers to an 
individual put or call with a specific underlying security, strike 
price and expiration date. The Exchange defines a ``series of options'' 
as all option contracts of the same class having the same exercise 
price and expiration date.\8\ Thus, a ``series of options'' on MIAX 
Options includes both calls and puts overlying a security with the same 
strike price and the same expiration. The individual call or put in the 
series of options is the ``option.''
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    \8\ See Exchange Rule 100.
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    For example, if an Auction or a Complex Auction involving XYZ July 
20 calls is underway and ongoing at the time of receipt of an Agency 
Order in XYZ July 20 calls, the System will reject such Agency Order. 
The System will not, however, reject an Agency Order in XYZ October 20 
calls, or in XYZ July 25 calls, for example, because the series being 
auctioned has a different strike price or expiration.\9\
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    \9\ The Exchange notes that other exchanges also limit 
simultaneous auctions by ``series,'' which on other exchanges has 
the same meaning as ``option'' on MIAX Options. For example, Nasdaq 
ISE, LLC (``ISE'') Rule 723.04 states that only one Price 
Improvement Mechanism (``PIM'') may be ongoing at any given time in 
a ``series.'' PIMs will not queue or overlap in any manner. See ISE 
Rule 723.04. In another example, Chicago Board Options Exchange, 
Inc. (``CBOE'') Automated Improvement Mechanism (``AIM'') rules 
state that only one Auction may be ongoing at any given time in a 
``series'' and Auctions in the same ``series'' may not queue or 
overlap in any manner. See CBOE Rule 6.74A(b). See also, NASDAQ PHLX 
LLC (``Phlx'') Rule 1080(n)(ii), which states that only one Auction 
may be conducted at a time in the same ``series'' or same strategy, 
otherwise the orders will be rejected. The use of the term 
``series'' in these various exchanges' rules is synonymous with the 
Exchange's use of the term ``option.''
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    The Exchange believes that, without such a limitation, investors 
could be faced with an unusually large number of simultaneous PRIME 
and/or Complex Auctions in the same option in the simple market, and in 
the same strategy in the complex market, which in turn could impact the 
orderly function of the markets. The Exchange believes that this 
limitation should ensure orderliness in the PRIME and Complex Auction 
process.
Rounding
    The Exchange is proposing to adopt new Interpretations and Policies 
.10 to Rule 515A to establish in the rule text that, when determining 
the 40% or 50% Initiating Member allocation under paragraphs 
(a)(2)(iii)(H) or (I), the

[[Page 25395]]

System will round the number of contracts to which the Initiating 
Member is entitled to the nearest whole number (up or down). If the 40% 
or 50% Initiating Member allocation results in a remainder of exactly 
one-half contract (.50000), then the System will round the number of 
contracts to which the Initiating Member is entitled up to the next 
higher whole number. Other exchanges that allocate based on percentage 
amounts employ some form of ``rounding.'' \10\
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    \10\ For example, Phlx Rules provide that where the allocation 
of contracts results in remaining amounts, the number of contracts 
to be allocated shall be rounded down to the nearest integer. If 
rounding would result in an allocation of less than one contract, 
then one contract will be allocated to the Initiating Member only if 
the Initiating Member did not otherwise receive an allocation. See 
Phlx Rule 1080(n)(ii)(E)(2)(f). This differs slightly from the 
instant proposal by the Exchange in that the System will round the 
number of contracts to which the Initiating Member is entitled to 
the nearest whole number (up or down). The Exchange also notes that 
NASDAQ BX, Inc. (``BX''), in a filing relating to its directed 
orders program, described a process for rounding that has the 
potential to result in an allocation that is slightly greater than 
their 40% or 50% entitlement for directed orders. See Securities 
Exchange Act Release No. 73784 (December 8, 2014), 79 FR 73930 (SR-
BX-2014-049) (Notice of Filing of Proposed Rule Change Relating to 
Directed Market Makers). See also, Securities Exchange Act Release 
No. 74129 (January 23, 2015), 80 FR 4954 (January 29, 2015) (SR-BX-
2014-049) (Order Approving Proposed Rule Change Relating to Directed 
Market Makers).
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    The Exchange believes that the proposed rule change regarding 
rounding results in the fair and equitable allocation of contracts 
among PRIME participants, and provides clarity and transparency in the 
Exchange's rules so that all MIAX PRIME Auction participants will be 
informed of their participation entitlements when submitting orders and 
responses into MIAX PRIME.
Allocation of Contracts at the Conclusion of the PRIME Auction
    Currently, Exchange Rule 515A(a)(2)(iii) provides that at the 
conclusion of the Auction, the Agency Order will be allocated at the 
best price(s), subject to the following: (A) Such best prices include 
non-Auction quotes and orders; (B) Priority Customer \11\ orders 
resting on the Book \12\ before, or that are received during, the 
Response Time Interval and Priority Customer RFR responses shall, 
collectively have first priority to trade against the Agency Order. The 
allocation of an Agency Order against the Priority Customer orders 
resting in the Book, Priority Customer orders received during the 
Response Time Interval, and Priority Customer RFR responses shall be in 
the sequence in which they are received by the System; (C) Market Maker 
priority quotes \13\ and RFR responses from Market Makers \14\ with 
priority quotes will collectively have second priority. The allocation 
of Agency Orders against these contra sided quotes and RFR responses 
shall be on a size pro rata basis as defined in Rule 514(c)(2); (D) 
Professional Interest orders resting in the Book, Professional Interest 
orders placed in the Book during the Response Time Interval, 
Professional Interest quotes, and Professional Interest RFR responses 
will collectively have third priority. The allocation of Agency Orders 
against these contra sided orders and RFR Responses shall be on a size 
pro rata basis as defined in Rule 514(c)(2); (E) No participation 
entitlement shall apply to orders executed pursuant to this Rule; (F) 
If an unrelated market or marketable limit order on the opposite side 
of the market as the Agency Order was received during the Auction and 
ended the Auction, such unrelated order shall trade against the Agency 
Order at the midpoint of the best RFR response (or in the absence of a 
RFR response, the initiating price) and the NBBO on the other side of 
the market from the RFR responses (rounded towards the disseminated 
quote when necessary). (G) If an unrelated non-marketable limit order 
on the opposite side of the market as the Agency Order was received 
during the Auction and ended the Auction, such unrelated order shall 
trade against the Agency Order at the midpoint of the best RFR response 
and the unrelated order's limit price (rounded towards the unrelated 
order's limit price when necessary).
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    \11\ The term ``Priority Customer'' means a person or entity 
that (i) is not a broker or dealer in securities, and (ii) does not 
place more than 390 orders in listed options per day on average 
during a calendar month for its own beneficial account(s). See 
Exchange Rule 100.
    \12\ The term ``Book'' means the electronic book of buy and sell 
orders and quotes maintained by the System. See Exchange Rule 100.
    \13\ To be considered a priority quote, at the time of 
execution, each of the following standards must be met: (A) The bid/
ask differential of a Market Maker's two-sided quote pair must be 
valid width (no wider than the bid/ask differentials outlined in 
Rule 603(b)(4)); (B) the initial size of both of the Market Maker's 
bid and the offer must be in compliance with the requirements of 
Rule 604(b)(2); (C) the bid/ask differential of a Market Maker's 
two-sided quote pair must meet the priority quote width requirements 
defined below in subparagraph (ii) [sic] for each option; and (D) 
either of the following are true: 1. At the time a locking or 
crossing quote or order enters the System, the Market Maker's two-
sided quote pair must be valid width for that option and must have 
been resting on the Book; or 2. Immediately prior to the time the 
Market Maker enters a new quote that locks or crosses the MBBO, the 
Market Maker must have had a valid width quote already existing 
(i.e., exclusive of the Market Maker's new marketable quote or 
update) among his two-sided quotes for that option. See Exchange 
Rule 517(b)(1)(i).
    \14\ The term ``Market Makers'' refers to ``Lead Market 
Makers'', ``Primary Lead Market Makers'' and ``Registered Market 
Makers'' collectively. The term ``Lead Market Maker'' means a Member 
registered with the Exchange for the purpose of making markets in 
securities traded on the Exchange and that is vested with the rights 
and responsibilities specified in Chapter VI of the Exchange's Rules 
with respect to Lead Market Makers. When a Lead Market Maker is 
appointed to act in the capacity of a Primary Lead Market Maker, the 
additional rights and responsibilities of a Primary Lead Market 
Maker specified in Chapter VI of the Exchange's Rules will apply. 
The term ``Primary Lead Market Maker'' means a Lead Market Maker 
appointed by the Exchange to act as the Primary Lead Market Maker 
for the purpose of making markets in securities traded on the 
Exchange. The Primary Lead Market Maker is vested with the rights 
and responsibilities specified in Chapter VI of the Exchange's Rules 
with respect to Primary Lead Market Makers. The term ``Registered 
Market Maker'' means a Member registered with the Exchange for the 
purpose of making markets in securities traded on the Exchange, who 
is not a Lead Market Maker and is vested with the rights and 
responsibilities specified in Chapter VI of the Exchange's Rules 
with respect to Registered Market Makers. See Exchange Rule 100.
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    Rules 515A(a)(2)(iii)(H) and (I) describe the allocation of 
contracts executed when the Initiating Member selects the single-price 
submission or the auto-match option, respectively, when submitting 
their Agency Order and there are either two or more participants at the 
execution price or when there is only one other participant on parity 
with the Initiating Member at either the single price execution price 
or at the final auto-match price point.
    The Exchange is proposing to modify the PRIME trade allocation 
rules with respect to determining the Initiating Member's entitlement 
percentage (either 40% or 50%) at the single price submission price and 
at the final auto-match price point, as applicable.
    Exchange Rules 515A(a)(2)(iii)(H) and (I) currently state that, 
upon conclusion of an Auction, an Initiating Member will retain certain 
priority and trade allocation privileges for a single-price submission 
and for an auto-match submission. Under current Rule 
515A(a)(2)(iii)(H), if the best price equals the Initiating Member's 
single-price submission, the Initiating Member's single-price 
submission shall be allocated the greater of one contract or a certain 
percentage of the order, which percentage will be determined by the 
Exchange and may not be larger than 40% of the Agency Order, subject to 
the rounding provisions of proposed Rule 515A, Interpretations and 
Policies .10 (described above). However, if only one Member's response, 
subject to the System's calculation of the number of Member's responses 
described in proposed Rule 515A, Interpretations and Policies .11 
(described below) matches the Initiating Member's single

[[Page 25396]]

price submission, then the Initiating Member may be allocated up to 50% 
of the Agency Order.
    Similarly, current Exchange Rule 515A(a)(2)(iii)(I) provides that 
if the Initiating Member selected the auto-match option of the Auction, 
the Initiating Member shall be allocated its full size of RFR responses 
at each price point until the final auto-match price point is reached. 
At the final auto-match price point, the Initiating Member shall be 
allocated the greater of one contract or a certain percentage of the 
remainder of the Agency Order, which percentage will be determined by 
the Exchange and may not be larger than 40%, subject to the rounding 
provisions of proposed Rule 515A, Interpretations and Policies .10 
(described above). However, if only one Member's response, subject to 
the System's calculation of the number of Member's responses described 
in proposed Rule 515A, Interpretations and Policies .11 (described 
below) matches the Initiating Member's submission at the final auto-
match price point, then the Initiating Member may be allocated up to 
50% of the remainder of the Agency Order at the final auto-match price 
point.
    At the conclusion of the Auction, the Agency Order is allocated at 
the best price(s) pursuant to the matching algorithm in effect for the 
class.\15\ The System first must determine the number of participants 
that are entitled to receive contracts to be allocated, and whether any 
participant(s) such as Priority Customers are entitled to receive 
contracts first. Thereafter, contracts are allocated among participants 
at the execution price.
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    \15\ See Exchange Rule 515A(a)(2)(iii).
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    The Exchange is proposing to adopt Interpretations and Policies .11 
to Rule 515A to state the basis on which the System will determine a 
Member's response to be a participant at the single price submission 
price and at the final auto-match price point in calculating the 
Initiating Member's entitlement at that price.\16\ Specifically, when 
calculating the number of Members' responses that match the Initiating 
Member's single price submission under sub-paragraph (a)(2)(iii)(H) and 
the final auto-match price point under sub-paragraph (a)(2)(iii)(I) of 
Rule 515A, the System will not include in such calculation: (i) Any 
Priority Customer Auction response and/or unrelated Priority Customer 
interest that has been executed, or (ii) any Member's response 
(including unrelated orders and quotes) executed at a better price.
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    \16\ The Exchange notes that under the NYSE MKT CUBE price 
improvement mechanism, if only the accompanying contra order and one 
other RFR response are eligible to trade at the CUBE execution 
price, each will receive a 50% allocation; otherwise, the 
accompanying contra order will receive a 40% guaranteed allocation 
unless more than 60% of the order is price improved by other 
participants (the accompanying contra will yield priority at a given 
price once the 40% entitlement is satisfied). See NYSE MKT CUBE 
Factsheet, https://www.nyse.com/markets/amex-options, Related 
Information, dated February 9, 2016 at p.2.
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    Exchange Rule 515A(2)(iii)(B) explicitly states that Priority 
Customer orders resting on the Book before, or that are received 
during, the Response Time Interval and Priority Customer RFR responses 
shall, collectively, have first priority to trade against the Agency 
Order. Therefore, all Priority Customer Interest at the single price 
submission and at the final auto-match price point is executed first, 
after which other interest is allocated in accordance with Rule 
515A(a)(2)(iii).
    The Exchange is proposing to adopt Interpretations and Policies .11 
to exclude from the number of responding participants remaining at 
those prices (i) Priority Customer RFR responses and/or unrelated 
Priority Customer interest that has already been executed, and (ii) any 
Member's response (including unrelated orders and quotes) executed at a 
better price. The purpose of this proposal is to calculate and 
establish the actual number of Auction participants that may be 
allocated contracts at a given price point. To include Priority 
Customer and other interest that have already received full executions 
and therefore cannot participate further in the allocation of contracts 
as part of the remaining participants at the execution price could 
artificially skew the entitlements of remaining participants at the 
next level(s) of priority established in Rule 515A(2)(iii). This is 
particularly true when there is only one remaining participant with the 
Initiating Member that could or would be entitled to receive contracts 
at the single price submission or at the final auto-match price point. 
The following examples illustrate this.

Example 1--Priority Customer Interest Already Executed, One Participant 
With Initiating Member
ABBO: 1.00-1.06
MBBO: 1.00-1.06
PRIME Order, Agency buy 20 contracts, Auction Start Price 1.05
Begin RFR Auction
During Auction, MM1 responds with an RFR response to sell 20 at 1.05
Customer order to sell 5 at 1.05
At the end of the RFR period
Agency Order buys 5 from the Customer order at 1.05
There is one remaining joining interest at 1.05 (MM1), so the contra 
receives 50% of the original size of the order, or 10 contracts, and 
MM1 receives the balance of 5 contracts \17\
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    \17\ Under the current Rule, the result would be slightly 
different. The Agency Order would still buy 5 contracts from the 
Customer at $1.05. However, although the Customer has sold all 5 
contracts it offered at $1.05, the current rule counts two remaining 
joining offers at 1.05 (MM1 and Customer) for the remaining 15 
contracts, so the contra receives 40% of the original size of the 
order, or 8 contracts, and MM1 receives the balance of 7 contracts.
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Example 2--Responses Executed at Better Prices, One Participant With 
Initiating Member
ABBO: 1.00-1.06
MBBO: 1.00-1.06
PRIME Order, Agency buy 20 contracts, Auction Start Price 1.05
Begin RFR Auction
During Auction, MM1 responds with an RFR response to sell 20 at 1.05
MM2 responds with an RFR response to sell to sell 5 at 1.04
At the end of the RFR period
Agency Order buys 5 from MM2 at 1.04
There is one joining interest at 1.05 (MM1), so the contra receives 50% 
of the original size of the order, or 10 contracts, and MM1 receives 
the balance of 5 contracts \18\
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    \18\ Under the current Rule, just as in Example 1, the result 
would be slightly different. The Agency Order would buy 5 contracts 
from MM2 at $1.04. However, although MM2 has sold all 5 contracts it 
offered at $1.04, the current rule counts two remaining joining 
offers at 1.05 (MM1 and MM2) for the remaining 15 contracts, so the 
contra receives 40% of the original size of the order, or 8 
contracts, and MM1 receives the balance of 7 contracts.

    When more than one participant matches the Initiating Member at the 
single price submission and/or at the final auto-match price point, the 
Initiating Member is entitled to receive and is allocated the greater 
of one contract or a certain percentage of the remainder of the Agency 
Order, which percentage will be determined by the Exchange and may not 
be larger than 40%. Currently, in auto-match, in the situation where 
there is one remaining participant matching the Initiating Member at 
the final auto-match price point, the Initiating Member and the lone 
remaining participant are each entitled to 50% of the remaining 
contracts at that price (subject of course to their stated size). The 
proposal to include only the remaining participant after other 
participants have already received full executions at better prices 
ensures that the Initiating Participant, who has guaranteed the full 
execution at the single price submission or at the final auto-match 
price point, will receive its rightful 50% allocation. The Exchange 
believes that the proposed rule change rewards the Initiating

[[Page 25397]]

Participant, who has absorbed the maximum risk in the PRIME Auction, by 
ensuring the 50% allocation entitlement when there is only one other 
participant matching the Initiating Member at the single price 
submission price or at the final auto-match price point. The Exchange 
believes that this provides an additional incentive for Initiating 
Members to submit Agency Orders for price improvement in MIAX PRIME.
Technical Amendments
    The Exchange is proposing to capitalize the term ``Agency Order'' 
in Rule 515A(a)(2)(iii)(H) because the term is defined in Rule 515A(a) 
above. Additionally, the Exchange is proposing to add the word ``or'' 
to the first sentence of Rules 515A(a)(2)(iii)(H) and (I), 
respectfully, for grammatical correctness. These proposed technical 
amendments are intended for clarity and ease of reference.
    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 \19\ in general, and furthers the objectives of 
Section 6(b)(5) of the Act \20\ in particular, in that it is designed 
to prevent fraudulent and manipulative acts and practices, to promote 
just and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
processing information with respect to, and facilitating transactions 
in securities, to remove impediments to and perfect the mechanisms of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest. The Exchange further 
believes the proposed rule change is consistent with the Section 
6(b)(5) \21\ requirement that the rules of an exchange not be designed 
to permit unfair discrimination between customers, issuers, brokers, or 
dealers.
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
    \21\ Id.
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    In particular, the Exchange believes that the proposed amendment to 
Rule 515A(a)(2) stating that only one Auction or Complex Auction may be 
ongoing at any given time in an option and/or in a complex strategy in 
which that option is a component, and Auctions and Complex Auctions 
involving the same option may not queue or overlap in any manner, is 
consistent with the Act. The Exchange believes that, without such a 
limitation, investors could be faced with an unusually large number of 
simultaneous PRIME and/or Complex Auctions in the same option in the 
simple market, and in the same strategy in the complex market, which in 
turn could impact the orderly function of the markets. The Exchange 
believes that this limitation is consistent with the Act because it is 
designed to remove impediments to and perfect the mechanisms of a free 
and open market and a national market system by ensuring orderliness in 
the PRIME and Complex Auction process on the Exchange.
    The Exchange believes that the proposed rule change relating to 
rounding removes impediments to and perfects the mechanisms of a free 
and open market and a national market system by adopting rules that are 
consistent with industry practices. As stated above, BX, in a filing 
relating to its directed orders program, described a process for 
rounding that has the potential to result in an allocation that is 
slightly greater than their 40% or 50% entitlement for directed 
orders.\22\ The Exchange believes that this supports its proposal to 
adopt Proposed Interpretations and Policies .10 with respect to 
rounding a remainder of exactly one-half contract (.50000) up to the 
next higher whole number.
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    \22\ See supra note 10.
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    The Exchange further believes the proposed rule change protects 
investors and is in the public interest because it fairly allocates the 
PRIME Agency Order in a manner that rewards Initiating Members who 
submit PRIME Agency Orders and guarantee price improvement for the 
entire Agency Order. The allocation of 50% of the contracts to the 
Initiating Member when there is only one remaining participant that 
matches the initiating Member's single price submission price or final 
auto-match price point should provide greater incentive to Initiating 
Members to submit Agency Orders for price improvement in the PRIME 
auction. The result of a greater number of Agency Orders submitted to 
PRIME is a benefit to the MIAX Options markets and the marketplace as a 
whole because it enriches liquidity on the Exchange at the NBBO, 
providing investors with greater opportunities for executions at the 
NBBO and beyond at improved prices through MIAX PRIME.
    The Exchange also believes that the proposed rule change removes 
impediments to and perfects the mechanisms of a free and open market 
and a national market system by attracting more order flow and by 
increasing the frequency with which Initiating Members initiate 
Auctions through PRIME. Moreover, the proposed rule change is 
consistent with the rules and proposals of other exchanges.\23\
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    \23\ See supra notes 9, 10, 16 and infra notes 26 and 27.
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    Additionally, the Exchange believes that the proposed technical 
clarifying and definitional amendments to Rule 515A will benefit market 
participants by enhancing transparency, clarity and ease of reference 
to the rules.

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 changes and their effect on trade allocations in MIAX 
PRIME are meant to more fairly allocate an Agency Order submitted for 
price improvement at the single price submission price or at the final 
auto-match price point. The Exchange believes that the allocation of 
50% of the remainder of the Agency Order to the Initiating Member when 
there is only one non-Priority Customer response that will trade at the 
execution price should in fact enhance competition by encouraging more 
Initiating Members to submit Agency Orders to MIAX Options for price 
improvement via MIAX PRIME, which should benefit investors by 
attracting more order flow as well as increasing the frequency with 
which Initiating Members submit Agency Orders into the PRIME Auction. 
This should result in enhanced liquidity and more competition on the 
Exchange.
    For all the reasons stated, the Exchange does not believe that the 
proposed rule change will impose any burden on competition not 
necessary or appropriate in furtherance of the purposes of the Act, and 
believes the proposed change will in fact enhance competition.

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 25398]]

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 \24\ and Rule 19b-4(f)(6) \25\ 
thereunder.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 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-2017-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2017-22. 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-2017-22 and should be 
submitted on or before June 22, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11355 Filed 5-31-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                                  25393

                                                  trade as principal with their customer                  feed on the same terms as the Exchange.                only one method. The Commission will
                                                  order flow.                                             The Exchange designed the pricing of                   post all comments on the Commission’s
                                                     In addition, when establishing the                   this product to enable a vendor to create              Internet Web site (http://www.sec.gov/
                                                  proposed fees, the Exchange considered                  a competing product to the ETF Implied                 rules/sro.shtml). Copies of the
                                                  the competitiveness of the market for                   Liquidity Feed on the same cost basis as               submission, all subsequent
                                                  proprietary data and all of the                         the Exchange. The offering of certain fee              amendments, all written statements
                                                  implications of that competition. The                   waivers described herein continues to                  with respect to the proposed rule
                                                  Exchange believes that it has considered                enable vendors to compete on price as                  change that are filed with the
                                                  all relevant factors and has not                        the waivers are only granted where the                 Commission, and all written
                                                  considered irrelevant factors in order to               Distributor is receiving the Bats One                  communications relating to the
                                                  establish fair, reasonable, and not                     Feed and paying the required fees for                  proposed rule change between the
                                                  unreasonably discriminatory fees and an                 External Distribution, Logical Ports, and              Commission and any person, other than
                                                  equitable allocation of fees among all                  Data Consolidation.                                    those that may be withheld from the
                                                  Users. The existence of alternatives to                                                                        public in accordance with the
                                                  the ETF Implied Liquidity Feed ensures                  C. Self-Regulatory Organization’s                      provisions of 5 U.S.C. 552, will be
                                                  that the Exchange cannot set                            Statement on Comments on the                           available for Web site viewing and
                                                  unreasonable fees, or fees that are                     Proposed Rule Change Received From                     printing in the Commission’s Public
                                                  unreasonably discriminatory, when                       Members, Participants, or Others                       Reference Room, 100 F Street NE.,
                                                  vendors and subscribers can elect these                   The Exchange has neither solicited                   Washington, DC 20549, on official
                                                  alternatives or choose not to purchase a                nor received written comments on the                   business days between the hours of
                                                  specific proprietary data product if its                proposed rule change.                                  10:00 a.m. and 3:00 p.m. Copies of the
                                                  cost to purchase is not justified by the                                                                       filing also will be available for
                                                  returns any particular vendor or                        III. Date of Effectiveness of the                      inspection and copying at the principal
                                                  subscriber would achieve through the                    Proposed Rule Change and Timing for                    office of the Exchange. All comments
                                                  purchase.                                               Commission Action                                      received will be posted without change;
                                                     Lastly, the Exchange represents that                    The foregoing rule change has become                the Commission does not edit personal
                                                  the proposed pricing of the ETF Implied                 effective pursuant to Section 19(b)(3)(A)              identifying information from
                                                  Liquidity Feed provides investors with                  of the Act 26 and paragraph (f) of Rule                submissions. You should submit only
                                                  alternative market data and competes                    19b–4 thereunder.27 At any time within                 information that you wish to make
                                                  with similar market data product                        60 days of the filing of the proposed rule             available publicly. All submissions
                                                  currently offered by other exchanges.24                 change, the Commission summarily may                   should refer to File Number SR–
                                                  In addition, the pricing is designed to                 temporarily suspend such rule change if                BatsBZX–2017–36 and should be
                                                  ensure that a vendor to create a                        it appears to the Commission that such                 submitted on or before June 22, 2017.
                                                  competing product to the ETF Implied                    action is necessary or appropriate in the                For the Commission, by the Division of
                                                  Liquidity Feed on the same price basis                  public interest, for the protection of                 Trading and Markets, pursuant to delegated
                                                  as the Exchange. As stated above, the                   investors, or otherwise in furtherance of              authority.28
                                                  Exchange notes that a vendor seeking to                 the purposes of the Act.                               Eduardo A. Aleman,
                                                  build a competing product to the                                                                               Assistant Secretary.
                                                  proposed ETF Implied Liquidity feed                     IV. Solicitation of Comments
                                                                                                                                                                 [FR Doc. 2017–11254 Filed 5–31–17; 8:45 am]
                                                  could simply utilize the top-of-book                      Interested persons are invited to
                                                                                                                                                                 BILLING CODE 8011–01–P
                                                  data feeds from each of the Bats                        submit written data, views, and
                                                  Exchange’s to create an aggregated                      arguments concerning the foregoing,
                                                  BBO.25 These top-of-book feeds are                      including whether the proposed rule                    SECURITIES AND EXCHANGE
                                                  EDGA Top, EDGX Top, BYX Top and                         change is consistent with the Act.                     COMMISSION
                                                  BZX Top. The Exchange represents that                   Comments may be submitted by any of
                                                  a competing vendor could obtain these                   the following methods:                                 [Release No. 34–80779; File No. SR–MIAX–
                                                  top-of-book data feeds from each of the                                                                        2017–22]
                                                  Bats Exchanges on the same latency                      Electronic Comments
                                                  basis as the system that performs the                     • Use the Commission’s Internet                      Self-Regulatory Organizations; Miami
                                                  aggregation and consolidation of the                    comment form (http://www.sec.gov/                      International Securities Exchange LLC;
                                                  Bats One Summary Feed. While the                                                                               Notice of Filing and Immediate
                                                                                                          rules/sro.shtml); or
                                                  proposed ETF Implied Liquidity feed                       • Send an email to rule-comments@                    Effectiveness of a Proposed Rule
                                                  does not separately provide the ETF’s                   sec.gov. Please include File Number SR–                Change To Amend MIAX Options Rule
                                                  NBBO, the number of shares of                           BatsBZX–2017–36 on the subject line.                   515A, MIAX Price Improvement
                                                  securities underlying one creation unit                                                                        Mechanism (‘‘PRIME’’) and PRIME
                                                                                                          Paper Comments                                         Solicitation Mechanism
                                                  of the ETF, or the estimated cash
                                                  included in one creation unit of the                      • Send paper comments in triplicate                  May 26, 2017.
                                                  ETF, a vendor could obtain this                         to Brent J. Fields, Secretary, Securities                Pursuant to the provisions of Section
                                                  information from the securities                         and Exchange Commission, 100 F Street                  19(b)(1) of the Securities Exchange Act
                                                  information processors and other                        NE., Washington, DC 20549–1090.                        of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                  publicly available sources to perform its               All submissions should refer to File                   thereunder,2 notice is hereby given that
                                                  own calculation of an ETF’s implied                     Number SR–BatsBZX–2017–36. This file
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                                                                                 on May 17, 2017, Miami International
                                                  liquidity to include as part of a                       number should be included on the                       Securities Exchange, LLC (‘‘MIAX
                                                  competing product. Therefore, a vendor                  subject line if email is used. To help the             Options’’ or ‘‘Exchange’’) filed with the
                                                  could create a product to compete with                  Commission process and review your                     Securities and Exchange Commission
                                                  the proposed ETF Implied Liquidity                      comments more efficiently, please use
                                                                                                                                                                   28 17 CFR 200.30–3(a)(12).
                                                    24 See supra note 21.                                  26 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).
                                                    25 See supra note 16.                                  27 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.




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                                                  25394                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  (‘‘Commission’’) a proposed rule change                 (i) cross the Agency Order at a single                  Order from one ongoing auction type to
                                                  as described in Items I, II, and III below,             price (a ‘‘single-price submission’’) as                another.
                                                  which Items have been prepared by the                   principal, or (ii) automatically match                     The Exchange notes that the
                                                  Exchange. The Commission is                             (‘‘auto-match’’), as principal, the price               limitation against simultaneous ongoing
                                                  publishing this notice to solicit                       and size of responses to a Request for                  Auctions and Complex Auctions applies
                                                  comments on the proposed rule change                    Response (‘‘RFR’’) that is broadcast to                 to the specific option being auctioned.
                                                  from interested persons.                                MIAX Options participants up to an                      The term ‘‘option’’ in the Exchange’s
                                                                                                          optional designated limit price. Such a                 rules refers to an individual put or call
                                                  I. Self-Regulatory Organization’s                                                                               with a specific underlying security,
                                                  Statement of the Terms of Substance of                  response is known as an ‘‘RFR
                                                                                                          response.’’ 4 Members wishing to                        strike price and expiration date. The
                                                  the Proposed Rule Change                                                                                        Exchange defines a ‘‘series of options’’
                                                                                                          participate in the PRIME Auction may
                                                     The Exchange is filing a proposal to                                                                         as all option contracts of the same class
                                                                                                          do so by submitting RFR responses
                                                  amend Exchange Rule 515A to reflect                                                                             having the same exercise price and
                                                                                                          during the RFR period (see below),                      expiration date.8 Thus, a ‘‘series of
                                                  changes to the MIAX Options Price
                                                                                                          which is currently 500 milliseconds.                    options’’ on MIAX Options includes
                                                  Improvement Mechanism (‘‘PRIME’’).
                                                     The text of the proposed rule change                 Multiple Auctions                                       both calls and puts overlying a security
                                                  is available on the Exchange’s Web site                                                                         with the same strike price and the same
                                                  at http://www.miaxoptions.com/rule-                        The Exchange is proposing to amend                   expiration. The individual call or put in
                                                  filings, at MIAX’s principal office, and                Rule 515A(a)(2) to state that, as today,                the series of options is the ‘‘option.’’
                                                  at the Commission’s Public Reference                    only one Auction may be ongoing at any                     For example, if an Auction or a
                                                  Room.                                                   given time in an option. The Exchange                   Complex Auction involving XYZ July 20
                                                                                                          is proposing to modify the rule to                      calls is underway and ongoing at the
                                                  II. Self-Regulatory Organization’s                      account for the trading of complex                      time of receipt of an Agency Order in
                                                  Statement of the Purpose of, and                                                                                XYZ July 20 calls, the System will reject
                                                                                                          orders on the Exchange.5 Specifically,
                                                  Statutory Basis for, the Proposed Rule                                                                          such Agency Order. The System will
                                                                                                          Rule 515A(a)(2) will continue to state
                                                  Change                                                                                                          not, however, reject an Agency Order in
                                                                                                          clearly that only one Auction may be
                                                    In its filing with the Commission, the                ongoing at any given time in an option                  XYZ October 20 calls, or in XYZ July 25
                                                  Exchange included statements                            and Auctions in the same option may                     calls, for example, because the series
                                                  concerning the purpose of and basis for                 not queue or overlap in any manner. In                  being auctioned has a different strike
                                                  the proposed rule change and discussed                  addition, the Exchange proposes to                      price or expiration.9
                                                  any comments it received on the                                                                                    The Exchange believes that, without
                                                                                                          amend the Rule by stating that the
                                                  proposed rule change. The text of these                                                                         such a limitation, investors could be
                                                                                                          System 6 will reject an Agency Order if,                faced with an unusually large number of
                                                  statements may be examined at the                       at the time of receipt of the Agency
                                                  places specified in Item IV below. The                                                                          simultaneous PRIME and/or Complex
                                                                                                          Order, the option is in an Auction or is                Auctions in the same option in the
                                                  Exchange has prepared summaries, set                    a component of a complex strategy 7 that
                                                  forth in sections A, B, and C below, of                                                                         simple market, and in the same strategy
                                                                                                          is the subject of a Complex Auction                     in the complex market, which in turn
                                                  the most significant aspects of such
                                                                                                          pursuant to Rule 518(d). The Exchange                   could impact the orderly function of the
                                                  statements.
                                                                                                          believes that the rejection of Agency                   markets. The Exchange believes that this
                                                  A. Self-Regulatory Organization’s                       Orders that are received in an option in                limitation should ensure orderliness in
                                                  Statement of the Purpose of, and                        which an Auction or Complex Auction                     the PRIME and Complex Auction
                                                  Statutory Basis for, the Proposed Rule                  is ongoing ensures that there will not be               process.
                                                  Change                                                  any interference with the potential for
                                                                                                          price improvement for the Agency                        Rounding
                                                  1. Purpose
                                                                                                                                                                    The Exchange is proposing to adopt
                                                    The Exchange proposes to amend                           4 See Exchange Rule 515A(a)(2)(i). When the          new Interpretations and Policies .10 to
                                                  Exchange Rule 515A, MIAX Price                          Exchange receives a properly designated Agency          Rule 515A to establish in the rule text
                                                  Improvement Mechanism (‘‘PRIME’’)                       Order for auction processing, an RFR detailing the      that, when determining the 40% or 50%
                                                  and PRIME Solicitation Mechanism, to                    option, side, size, and initiating price will be sent
                                                                                                          to all subscribers of the Exchange’s data feeds. The    Initiating Member allocation under
                                                  reflect new functionality to be included                RFR currently lasts for 500 milliseconds. Members       paragraphs (a)(2)(iii)(H) or (I), the
                                                  in the PRIME process, as described                      may submit responses to the RFR (specifying prices
                                                  below. The Exchange is also proposing                   and sizes). RFR responses shall be an Auction or          8 See   Exchange Rule 100.
                                                  certain clarifying technical amendments                 Cancel (‘‘AOC’’) order or an AOC eQuote. Such             9 The   Exchange notes that other exchanges also
                                                                                                          responses cannot cross the disseminated MIAX Best       limit simultaneous auctions by ‘‘series,’’ which on
                                                  to the Rule.                                            Bid or Offer (‘‘MBBO’’) on the opposite side of the     other exchanges has the same meaning as ‘‘option’’
                                                                                                          market from the response.
                                                  Background                                                 5 See Exchange Rule 518. See also, Securities
                                                                                                                                                                  on MIAX Options. For example, Nasdaq ISE, LLC
                                                                                                                                                                  (‘‘ISE’’) Rule 723.04 states that only one Price
                                                    MIAX PRIME is a price-improvement                     Exchange Act Release No. 79072 (October 7, 2016),       Improvement Mechanism (‘‘PIM’’) may be ongoing
                                                  mechanism on the Exchange under                         81 FR 71131 (October 14, 2016) (SR–MIAX–2016–           at any given time in a ‘‘series.’’ PIMs will not queue
                                                                                                          26).                                                    or overlap in any manner. See ISE Rule 723.04. In
                                                  which a Member 3 (‘‘Initiating Member’’)                   6 The term ‘‘System’’ means the automated
                                                                                                                                                                  another example, Chicago Board Options Exchange,
                                                  electronically submits an order that it                 trading system used by the Exchange for the trading     Inc. (‘‘CBOE’’) Automated Improvement Mechanism
                                                  represents as agent (an ‘‘Agency Order’’)               of securities. See Exchange Rule 100.                   (‘‘AIM’’) rules state that only one Auction may be
                                                  into a PRIME Auction (‘‘Auction’’). The                    7 The term ‘‘complex strategy’’ means a particular   ongoing at any given time in a ‘‘series’’ and
mstockstill on DSK30JT082PROD with NOTICES




                                                  Initiating Member, in submitting an                     combination of components and their ratios to one       Auctions in the same ‘‘series’’ may not queue or
                                                                                                          another. New complex strategies can be created as       overlap in any manner. See CBOE Rule 6.74A(b).
                                                  Agency Order, must be willing to either                 the result of the receipt of a complex order or by      See also, NASDAQ PHLX LLC (‘‘Phlx’’) Rule
                                                                                                          the Exchange for a complex strategy that is not         1080(n)(ii), which states that only one Auction may
                                                    3 The term ‘‘Member’’ means an individual or          currently in the System. The Exchange may limit         be conducted at a time in the same ‘‘series’’ or same
                                                  organization approved to exercise the trading rights    the number of new complex strategies that may be        strategy, otherwise the orders will be rejected. The
                                                  associated with a Trading Permit. Members are           in the System at a particular time and will             use of the term ‘‘series’’ in these various exchanges’
                                                  deemed ‘‘members’’ under the Act. See Exchange          communicate this limitation to Members via              rules is synonymous with the Exchange’s use of the
                                                  Rule 100.                                               Regulatory Circular. See Exchange Rule 518(a)(6).       term ‘‘option.’’



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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                              25395

                                                  System will round the number of                         against the Agency Order. The                            basis as defined in Rule 514(c)(2); (E) No
                                                  contracts to which the Initiating                       allocation of an Agency Order against                    participation entitlement shall apply to
                                                  Member is entitled to the nearest whole                 the Priority Customer orders resting in                  orders executed pursuant to this Rule;
                                                  number (up or down). If the 40% or                      the Book, Priority Customer orders                       (F) If an unrelated market or marketable
                                                  50% Initiating Member allocation                        received during the Response Time                        limit order on the opposite side of the
                                                  results in a remainder of exactly one-                  Interval, and Priority Customer RFR                      market as the Agency Order was
                                                  half contract (.50000), then the System                 responses shall be in the sequence in                    received during the Auction and ended
                                                  will round the number of contracts to                   which they are received by the System;                   the Auction, such unrelated order shall
                                                  which the Initiating Member is entitled                 (C) Market Maker priority quotes 13 and                  trade against the Agency Order at the
                                                  up to the next higher whole number.                     RFR responses from Market Makers 14                      midpoint of the best RFR response (or
                                                  Other exchanges that allocate based on                  with priority quotes will collectively                   in the absence of a RFR response, the
                                                  percentage amounts employ some form                     have second priority. The allocation of                  initiating price) and the NBBO on the
                                                  of ‘‘rounding.’’ 10                                     Agency Orders against these contra                       other side of the market from the RFR
                                                    The Exchange believes that the                        sided quotes and RFR responses shall be                  responses (rounded towards the
                                                  proposed rule change regarding                          on a size pro rata basis as defined in                   disseminated quote when necessary).
                                                  rounding results in the fair and                        Rule 514(c)(2); (D) Professional Interest                (G) If an unrelated non-marketable limit
                                                  equitable allocation of contracts among                 orders resting in the Book, Professional                 order on the opposite side of the market
                                                  PRIME participants, and provides                        Interest orders placed in the Book                       as the Agency Order was received
                                                  clarity and transparency in the                         during the Response Time Interval,                       during the Auction and ended the
                                                  Exchange’s rules so that all MIAX                       Professional Interest quotes, and                        Auction, such unrelated order shall
                                                  PRIME Auction participants will be                      Professional Interest RFR responses will                 trade against the Agency Order at the
                                                  informed of their participation                         collectively have third priority. The                    midpoint of the best RFR response and
                                                  entitlements when submitting orders                     allocation of Agency Orders against                      the unrelated order’s limit price
                                                  and responses into MIAX PRIME.                          these contra sided orders and RFR                        (rounded towards the unrelated order’s
                                                                                                          Responses shall be on a size pro rata                    limit price when necessary).
                                                  Allocation of Contracts at the                                                                                      Rules 515A(a)(2)(iii)(H) and (I)
                                                  Conclusion of the PRIME Auction                            13 To be considered a priority quote, at the time     describe the allocation of contracts
                                                                                                          of execution, each of the following standards must       executed when the Initiating Member
                                                    Currently, Exchange Rule                              be met: (A) The bid/ask differential of a Market
                                                  515A(a)(2)(iii) provides that at the                    Maker’s two-sided quote pair must be valid width
                                                                                                                                                                   selects the single-price submission or
                                                  conclusion of the Auction, the Agency                   (no wider than the bid/ask differentials outlined in     the auto-match option, respectively,
                                                  Order will be allocated at the best                     Rule 603(b)(4)); (B) the initial size of both of the     when submitting their Agency Order
                                                                                                          Market Maker’s bid and the offer must be in              and there are either two or more
                                                  price(s), subject to the following: (A)                 compliance with the requirements of Rule 604(b)(2);
                                                  Such best prices include non-Auction                    (C) the bid/ask differential of a Market Maker’s two-
                                                                                                                                                                   participants at the execution price or
                                                  quotes and orders; (B) Priority                         sided quote pair must meet the priority quote width      when there is only one other participant
                                                  Customer 11 orders resting on the                       requirements defined below in subparagraph (ii)          on parity with the Initiating Member at
                                                                                                          [sic] for each option; and (D) either of the following   either the single price execution price or
                                                  Book 12 before, or that are received                    are true: 1. At the time a locking or crossing quote
                                                  during, the Response Time Interval and                  or order enters the System, the Market Maker’s two-
                                                                                                                                                                   at the final auto-match price point.
                                                  Priority Customer RFR responses shall,                  sided quote pair must be valid width for that option        The Exchange is proposing to modify
                                                  collectively have first priority to trade               and must have been resting on the Book; or 2.            the PRIME trade allocation rules with
                                                                                                          Immediately prior to the time the Market Maker           respect to determining the Initiating
                                                                                                          enters a new quote that locks or crosses the MBBO,       Member’s entitlement percentage (either
                                                     10 For example, Phlx Rules provide that where the
                                                                                                          the Market Maker must have had a valid width
                                                  allocation of contracts results in remaining            quote already existing (i.e., exclusive of the Market    40% or 50%) at the single price
                                                  amounts, the number of contracts to be allocated        Maker’s new marketable quote or update) among his        submission price and at the final auto-
                                                  shall be rounded down to the nearest integer. If        two-sided quotes for that option. See Exchange Rule      match price point, as applicable.
                                                  rounding would result in an allocation of less than     517(b)(1)(i).
                                                  one contract, then one contract will be allocated to
                                                                                                                                                                      Exchange Rules 515A(a)(2)(iii)(H) and
                                                                                                             14 The term ‘‘Market Makers’’ refers to ‘‘Lead
                                                  the Initiating Member only if the Initiating Member                                                              (I) currently state that, upon conclusion
                                                                                                          Market Makers’’, ‘‘Primary Lead Market Makers’’
                                                  did not otherwise receive an allocation. See Phlx       and ‘‘Registered Market Makers’’ collectively. The       of an Auction, an Initiating Member will
                                                  Rule 1080(n)(ii)(E)(2)(f). This differs slightly from   term ‘‘Lead Market Maker’’ means a Member                retain certain priority and trade
                                                  the instant proposal by the Exchange in that the        registered with the Exchange for the purpose of          allocation privileges for a single-price
                                                  System will round the number of contracts to which      making markets in securities traded on the
                                                  the Initiating Member is entitled to the nearest                                                                 submission and for an auto-match
                                                                                                          Exchange and that is vested with the rights and
                                                  whole number (up or down). The Exchange also            responsibilities specified in Chapter VI of the          submission. Under current Rule
                                                  notes that NASDAQ BX, Inc. (‘‘BX’’), in a filing        Exchange’s Rules with respect to Lead Market             515A(a)(2)(iii)(H), if the best price
                                                  relating to its directed orders program, described a    Makers. When a Lead Market Maker is appointed            equals the Initiating Member’s single-
                                                  process for rounding that has the potential to result   to act in the capacity of a Primary Lead Market
                                                  in an allocation that is slightly greater than their                                                             price submission, the Initiating
                                                                                                          Maker, the additional rights and responsibilities of
                                                  40% or 50% entitlement for directed orders. See         a Primary Lead Market Maker specified in Chapter         Member’s single-price submission shall
                                                  Securities Exchange Act Release No. 73784               VI of the Exchange’s Rules will apply. The term          be allocated the greater of one contract
                                                  (December 8, 2014), 79 FR 73930 (SR–BX–2014–            ‘‘Primary Lead Market Maker’’ means a Lead Market        or a certain percentage of the order,
                                                  049) (Notice of Filing of Proposed Rule Change          Maker appointed by the Exchange to act as the
                                                  Relating to Directed Market Makers). See also,
                                                                                                                                                                   which percentage will be determined by
                                                                                                          Primary Lead Market Maker for the purpose of
                                                  Securities Exchange Act Release No. 74129 (January      making markets in securities traded on the
                                                                                                                                                                   the Exchange and may not be larger than
                                                  23, 2015), 80 FR 4954 (January 29, 2015) (SR–BX–        Exchange. The Primary Lead Market Maker is               40% of the Agency Order, subject to the
                                                  2014–049) (Order Approving Proposed Rule Change         vested with the rights and responsibilities specified    rounding provisions of proposed Rule
                                                  Relating to Directed Market Makers).                    in Chapter VI of the Exchange’s Rules with respect       515A, Interpretations and Policies .10
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                                                     11 The term ‘‘Priority Customer’’ means a person
                                                                                                          to Primary Lead Market Makers. The term
                                                  or entity that (i) is not a broker or dealer in         ‘‘Registered Market Maker’’ means a Member
                                                                                                                                                                   (described above). However, if only one
                                                  securities, and (ii) does not place more than 390       registered with the Exchange for the purpose of          Member’s response, subject to the
                                                  orders in listed options per day on average during      making markets in securities traded on the               System’s calculation of the number of
                                                  a calendar month for its own beneficial account(s).     Exchange, who is not a Lead Market Maker and is          Member’s responses described in
                                                  See Exchange Rule 100.                                  vested with the rights and responsibilities specified
                                                     12 The term ‘‘Book’’ means the electronic book of    in Chapter VI of the Exchange’s Rules with respect
                                                                                                                                                                   proposed Rule 515A, Interpretations
                                                  buy and sell orders and quotes maintained by the        to Registered Market Makers. See Exchange Rule           and Policies .11 (described below)
                                                  System. See Exchange Rule 100.                          100.                                                     matches the Initiating Member’s single


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                                                  25396                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  price submission, then the Initiating                   auto-match price point under sub-                       50% of the original size of the order,
                                                  Member may be allocated up to 50% of                    paragraph (a)(2)(iii)(I) of Rule 515A, the              or 10 contracts, and MM1 receives the
                                                  the Agency Order.                                       System will not include in such                         balance of 5 contracts 17
                                                    Similarly, current Exchange Rule                      calculation: (i) Any Priority Customer
                                                  515A(a)(2)(iii)(I) provides that if the                                                                       Example 2—Responses Executed at
                                                                                                          Auction response and/or unrelated
                                                  Initiating Member selected the auto-                    Priority Customer interest that has been              Better Prices, One Participant With
                                                  match option of the Auction, the                        executed, or (ii) any Member’s response               Initiating Member
                                                  Initiating Member shall be allocated its                (including unrelated orders and quotes)               ABBO: 1.00–1.06
                                                  full size of RFR responses at each price                executed at a better price.                           MBBO: 1.00–1.06
                                                  point until the final auto-match price                     Exchange Rule 515A(2)(iii)(B)                      PRIME Order, Agency buy 20 contracts,
                                                  point is reached. At the final auto-match               explicitly states that Priority Customer                Auction Start Price 1.05
                                                  price point, the Initiating Member shall                orders resting on the Book before, or                 Begin RFR Auction
                                                  be allocated the greater of one contract                that are received during, the Response                During Auction, MM1 responds with an
                                                  or a certain percentage of the remainder                Time Interval and Priority Customer                     RFR response to sell 20 at 1.05
                                                  of the Agency Order, which percentage                   RFR responses shall, collectively, have               MM2 responds with an RFR response to
                                                  will be determined by the Exchange and                  first priority to trade against the Agency              sell to sell 5 at 1.04
                                                  may not be larger than 40%, subject to                  Order. Therefore, all Priority Customer               At the end of the RFR period
                                                                                                          Interest at the single price submission               Agency Order buys 5 from MM2 at 1.04
                                                  the rounding provisions of proposed
                                                                                                          and at the final auto-match price point               There is one joining interest at 1.05
                                                  Rule 515A, Interpretations and Policies
                                                                                                          is executed first, after which other                    (MM1), so the contra receives 50% of
                                                  .10 (described above). However, if only
                                                                                                          interest is allocated in accordance with                the original size of the order, or 10
                                                  one Member’s response, subject to the
                                                                                                          Rule 515A(a)(2)(iii).                                   contracts, and MM1 receives the
                                                  System’s calculation of the number of
                                                                                                             The Exchange is proposing to adopt                   balance of 5 contracts 18
                                                  Member’s responses described in
                                                  proposed Rule 515A, Interpretations                     Interpretations and Policies .11 to                      When more than one participant
                                                  and Policies .11 (described below)                      exclude from the number of responding                 matches the Initiating Member at the
                                                  matches the Initiating Member’s                         participants remaining at those prices (i)            single price submission and/or at the
                                                  submission at the final auto-match price                Priority Customer RFR responses and/or                final auto-match price point, the
                                                  point, then the Initiating Member may                   unrelated Priority Customer interest that             Initiating Member is entitled to receive
                                                  be allocated up to 50% of the remainder                 has already been executed, and (ii) any               and is allocated the greater of one
                                                  of the Agency Order at the final auto-                  Member’s response (including unrelated                contract or a certain percentage of the
                                                  match price point.                                      orders and quotes) executed at a better               remainder of the Agency Order, which
                                                    At the conclusion of the Auction, the                 price. The purpose of this proposal is to             percentage will be determined by the
                                                  Agency Order is allocated at the best                   calculate and establish the actual                    Exchange and may not be larger than
                                                  price(s) pursuant to the matching                       number of Auction participants that                   40%. Currently, in auto-match, in the
                                                  algorithm in effect for the class.15 The                may be allocated contracts at a given                 situation where there is one remaining
                                                  System first must determine the number                  price point. To include Priority                      participant matching the Initiating
                                                  of participants that are entitled to                    Customer and other interest that have                 Member at the final auto-match price
                                                  receive contracts to be allocated, and                  already received full executions and                  point, the Initiating Member and the
                                                  whether any participant(s) such as                      therefore cannot participate further in               lone remaining participant are each
                                                  Priority Customers are entitled to                      the allocation of contracts as part of the            entitled to 50% of the remaining
                                                  receive contracts first. Thereafter,                    remaining participants at the execution               contracts at that price (subject of course
                                                  contracts are allocated among                           price could artificially skew the                     to their stated size). The proposal to
                                                  participants at the execution price.                    entitlements of remaining participants                include only the remaining participant
                                                    The Exchange is proposing to adopt                    at the next level(s) of priority                      after other participants have already
                                                  Interpretations and Policies .11 to Rule                established in Rule 515A(2)(iii). This is             received full executions at better prices
                                                  515A to state the basis on which the                    particularly true when there is only one              ensures that the Initiating Participant,
                                                  System will determine a Member’s                        remaining participant with the Initiating             who has guaranteed the full execution at
                                                  response to be a participant at the single              Member that could or would be entitled                the single price submission or at the
                                                  price submission price and at the final                 to receive contracts at the single price              final auto-match price point, will
                                                  auto-match price point in calculating                   submission or at the final auto-match                 receive its rightful 50% allocation. The
                                                  the Initiating Member’s entitlement at                  price point. The following examples                   Exchange believes that the proposed
                                                  that price.16 Specifically, when                        illustrate this.                                      rule change rewards the Initiating
                                                  calculating the number of Members’
                                                  responses that match the Initiating                     Example 1—Priority Customer Interest                     17 Under the current Rule, the result would be

                                                  Member’s single price submission under                  Already Executed, One Participant With                slightly different. The Agency Order would still buy
                                                                                                          Initiating Member                                     5 contracts from the Customer at $1.05. However,
                                                  sub-paragraph (a)(2)(iii)(H) and the final                                                                    although the Customer has sold all 5 contracts it
                                                                                                          ABBO: 1.00–1.06                                       offered at $1.05, the current rule counts two
                                                    15 See Exchange Rule 515A(a)(2)(iii).                 MBBO: 1.00–1.06                                       remaining joining offers at 1.05 (MM1 and
                                                    16 The  Exchange notes that under the NYSE MKT        PRIME Order, Agency buy 20 contracts,                 Customer) for the remaining 15 contracts, so the
                                                  CUBE price improvement mechanism, if only the                                                                 contra receives 40% of the original size of the order,
                                                                                                            Auction Start Price 1.05                            or 8 contracts, and MM1 receives the balance of 7
                                                  accompanying contra order and one other RFR
                                                  response are eligible to trade at the CUBE execution
                                                                                                          Begin RFR Auction                                     contracts.
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                                                  price, each will receive a 50% allocation; otherwise,   During Auction, MM1 responds with an                     18 Under the current Rule, just as in Example 1,

                                                  the accompanying contra order will receive a 40%          RFR response to sell 20 at 1.05                     the result would be slightly different. The Agency
                                                  guaranteed allocation unless more than 60% of the       Customer order to sell 5 at 1.05                      Order would buy 5 contracts from MM2 at $1.04.
                                                  order is price improved by other participants (the      At the end of the RFR period                          However, although MM2 has sold all 5 contracts it
                                                  accompanying contra will yield priority at a given      Agency Order buys 5 from the Customer                 offered at $1.04, the current rule counts two
                                                  price once the 40% entitlement is satisfied). See                                                             remaining joining offers at 1.05 (MM1 and MM2) for
                                                  NYSE MKT CUBE Factsheet, https://                         order at 1.05                                       the remaining 15 contracts, so the contra receives
                                                  www.nyse.com/markets/amex-options, Related              There is one remaining joining interest               40% of the original size of the order, or 8 contracts,
                                                  Information, dated February 9, 2016 at p.2.               at 1.05 (MM1), so the contra receives               and MM1 receives the balance of 7 contracts.



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                                                                                     Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                                      25397

                                                  Participant, who has absorbed the                           Complex Auctions involving the same                   impediments to and perfects the
                                                  maximum risk in the PRIME Auction,                          option may not queue or overlap in any                mechanisms of a free and open market
                                                  by ensuring the 50% allocation                              manner, is consistent with the Act. The               and a national market system by
                                                  entitlement when there is only one                          Exchange believes that, without such a                attracting more order flow and by
                                                  other participant matching the Initiating                   limitation, investors could be faced with             increasing the frequency with which
                                                  Member at the single price submission                       an unusually large number of                          Initiating Members initiate Auctions
                                                  price or at the final auto-match price                      simultaneous PRIME and/or Complex                     through PRIME. Moreover, the proposed
                                                  point. The Exchange believes that this                      Auctions in the same option in the                    rule change is consistent with the rules
                                                  provides an additional incentive for                        simple market, and in the same strategy               and proposals of other exchanges.23
                                                  Initiating Members to submit Agency                         in the complex market, which in turn
                                                  Orders for price improvement in MIAX                        could impact the orderly function of the                 Additionally, the Exchange believes
                                                  PRIME.                                                      markets. The Exchange believes that this              that the proposed technical clarifying
                                                                                                              limitation is consistent with the Act                 and definitional amendments to Rule
                                                  Technical Amendments                                        because it is designed to remove                      515A will benefit market participants by
                                                     The Exchange is proposing to                             impediments to and perfect the                        enhancing transparency, clarity and
                                                  capitalize the term ‘‘Agency Order’’ in                     mechanisms of a free and open market                  ease of reference to the rules.
                                                  Rule 515A(a)(2)(iii)(H) because the term                    and a national market system by
                                                  is defined in Rule 515A(a) above.                           ensuring orderliness in the PRIME and                 B. Self-Regulatory Organization’s
                                                  Additionally, the Exchange is proposing                     Complex Auction process on the                        Statement on Burden on Competition
                                                  to add the word ‘‘or’’ to the first                         Exchange.                                                The Exchange does not believe that
                                                  sentence of Rules 515A(a)(2)(iii)(H) and                       The Exchange believes that the
                                                                                                                                                                    the proposed rule change will impose
                                                  (I), respectfully, for grammatical                          proposed rule change relating to
                                                                                                              rounding removes impediments to and                   any burden on competition that is not
                                                  correctness. These proposed technical
                                                                                                              perfects the mechanisms of a free and                 necessary or appropriate in furtherance
                                                  amendments are intended for clarity
                                                                                                              open market and a national market                     of the purposes of the Act.
                                                  and ease of reference.
                                                     The Exchange will announce the                           system by adopting rules that are                        The proposed changes and their effect
                                                  implementation date of the proposed                         consistent with industry practices. As                on trade allocations in MIAX PRIME are
                                                  rule change by Regulatory Circular to be                    stated above, BX, in a filing relating to             meant to more fairly allocate an Agency
                                                  published no later than 60 days                             its directed orders program, described a              Order submitted for price improvement
                                                  following the operative date of the                         process for rounding that has the                     at the single price submission price or
                                                  proposed rule. The implementation date                      potential to result in an allocation that             at the final auto-match price point. The
                                                  will be no later than 60 days following                     is slightly greater than their 40% or 50%             Exchange believes that the allocation of
                                                  the issuance of the Regulatory Circular.                    entitlement for directed orders.22 The                50% of the remainder of the Agency
                                                                                                              Exchange believes that this supports its              Order to the Initiating Member when
                                                  2. Statutory Basis                                          proposal to adopt Proposed                            there is only one non-Priority Customer
                                                     MIAX believes that its proposed rule                     Interpretations and Policies .10 with
                                                                                                                                                                    response that will trade at the execution
                                                  change is consistent with Section 6(b) of                   respect to rounding a remainder of
                                                  the Act 19 in general, and furthers the                                                                           price should in fact enhance
                                                                                                              exactly one-half contract (.50000) up to
                                                  objectives of Section 6(b)(5) of the Act 20                 the next higher whole number.                         competition by encouraging more
                                                  in particular, in that it is designed to                       The Exchange further believes the                  Initiating Members to submit Agency
                                                  prevent fraudulent and manipulative                         proposed rule change protects investors               Orders to MIAX Options for price
                                                  acts and practices, to promote just and                     and is in the public interest because it              improvement via MIAX PRIME, which
                                                  equitable principles of trade, to foster                    fairly allocates the PRIME Agency Order               should benefit investors by attracting
                                                  cooperation and coordination with                           in a manner that rewards Initiating                   more order flow as well as increasing
                                                  persons engaged in regulating, clearing,                    Members who submit PRIME Agency                       the frequency with which Initiating
                                                  settling, processing information with                       Orders and guarantee price                            Members submit Agency Orders into the
                                                  respect to, and facilitating transactions                   improvement for the entire Agency                     PRIME Auction. This should result in
                                                  in securities, to remove impediments to                     Order. The allocation of 50% of the                   enhanced liquidity and more
                                                  and perfect the mechanisms of a free                        contracts to the Initiating Member when               competition on the Exchange.
                                                  and open market and a national market                       there is only one remaining participant
                                                                                                                                                                       For all the reasons stated, the
                                                  system and, in general, to protect                          that matches the initiating Member’s
                                                                                                              single price submission price or final                Exchange does not believe that the
                                                  investors and the public interest. The                                                                            proposed rule change will impose any
                                                  Exchange further believes the proposed                      auto-match price point should provide
                                                                                                              greater incentive to Initiating Members               burden on competition not necessary or
                                                  rule change is consistent with the
                                                                                                              to submit Agency Orders for price                     appropriate in furtherance of the
                                                  Section 6(b)(5) 21 requirement that the
                                                                                                              improvement in the PRIME auction. The                 purposes of the Act, and believes the
                                                  rules of an exchange not be designed to
                                                  permit unfair discrimination between                        result of a greater number of Agency                  proposed change will in fact enhance
                                                  customers, issuers, brokers, or dealers.                    Orders submitted to PRIME is a benefit                competition.
                                                     In particular, the Exchange believes                     to the MIAX Options markets and the                   C. Self-Regulatory Organization’s
                                                  that the proposed amendment to Rule                         marketplace as a whole because it                     Statement on Comments on the
                                                  515A(a)(2) stating that only one Auction                    enriches liquidity on the Exchange at
                                                                                                                                                                    Proposed Rule Change Received From
                                                                                                              the NBBO, providing investors with
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                                                  or Complex Auction may be ongoing at                                                                              Members, Participants, or Others
                                                  any given time in an option and/or in                       greater opportunities for executions at
                                                  a complex strategy in which that option                     the NBBO and beyond at improved                         Written comments were neither
                                                  is a component, and Auctions and                            prices through MIAX PRIME.                            solicited nor received.
                                                                                                                 The Exchange also believes that the
                                                    19 15    U.S.C. 78f(b).                                   proposed rule change removes
                                                    20 15    U.S.C. 78f(b)(5).                                                                                        23 See   supra notes 9, 10, 16 and infra notes 26 and
                                                    21 Id.                                                     22 See   supra note 10.                              27.



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                                                  25398                            Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  III. Date of Effectiveness of the                         submission, all subsequent                             mail. Hearing requests should be
                                                  Proposed Rule Change and Timing for                       amendments, all written statements                     received by the SEC by 5:30 p.m. on
                                                  Commission Action                                         with respect to the proposed rule                      June 20, 2017, and should be
                                                     Because the foregoing proposed rule                    change that are filed with the                         accompanied by proof of service on
                                                  change does not: (i) Significantly affect                 Commission, and all written                            applicants, in the form of an affidavit or,
                                                  the protection of investors or the public                 communications relating to the                         for lawyers, a certificate of service.
                                                  interest; (ii) impose any significant                     proposed rule change between the                       Pursuant to Rule 0–5 under the Act,
                                                  burden on competition; and (iii) become                   Commission and any person, other than                  hearing requests should state the nature
                                                  operative for 30 days after the date of                   those that may be withheld from the                    of the writer’s interest, any facts bearing
                                                  the filing, or such shorter time as the                   public in accordance with the                          upon the desirability of a hearing on the
                                                  Commission may designate, it has                          provisions of 5 U.S.C. 552, will be                    matter, the reason for the request, and
                                                  become effective pursuant to 19(b)(3)(A)                  available for Web site viewing and                     the issues contested. Persons who wish
                                                  of the Act 24 and Rule 19b–4(f)(6) 25                     printing in the Commission’s Public                    to be notified of a hearing may request
                                                  thereunder.                                               Reference Room, 100 F Street NE.,                      notification by writing to the
                                                     At any time within 60 days of the                      Washington, DC 20549, on official                      Commission’s Secretary.
                                                  filing of the proposed rule change, the                   business days between the hours of                     ADDRESSES: The Commission: Secretary,
                                                  Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the                 U.S. Securities and Exchange
                                                  temporarily suspend such rule change if                   filing also will be available for                      Commission, 100 F Street NE.,
                                                  it appears to the Commission that such                    inspection and copying at the principal                Washington, DC 20549–1090.
                                                  action is necessary or appropriate in the                 office of the Exchange. All comments
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                  public interest, for the protection of                    received will be posted without change;
                                                                                                            the Commission does not edit personal                  Jessica Shin, Attorney-Adviser, at (202)
                                                  investors, or otherwise in furtherance of                                                                        551–5921 or Chief Counsel’s Office at
                                                  the purposes of the Act. If the                           identifying information from
                                                                                                            submissions. You should submit only                    (202) 551–6821; SEC, Division of
                                                  Commission takes such action, the                                                                                Investment Management, Chief
                                                  Commission shall institute proceedings                    information that you wish to make
                                                                                                            available publicly. All submissions                    Counsel’s Office, 100 F Street NE.,
                                                  to determine whether the proposed rule                                                                           Washington, DC 20549–8010.
                                                  should be approved or disapproved.                        should refer to File Number SR–MIAX–
                                                                                                            2017–22 and should be submitted on or                  Madison Harbor Balanced Strategies,
                                                  IV. Solicitation of Comments                              before June 22, 2017.                                  Inc.
                                                    Interested persons are invited to                         For the Commission, by the Division of               [File No. 811–21479]
                                                  submit written data, views, and                           Trading and Markets, pursuant to delegated
                                                  arguments concerning the foregoing,                       authority.26                                             Summary: Applicant, a closed-end
                                                  including whether the proposed rule                                                                              investment company, seeks an order
                                                                                                            Eduardo A. Aleman,
                                                  change is consistent with the Act.                                                                               declaring that it has ceased to be an
                                                                                                            Assistant Secretary.
                                                  Comments may be submitted by any of                                                                              investment company. On January 31,
                                                                                                            [FR Doc. 2017–11355 Filed 5–31–17; 8:45 am]            2017 and April 28, 2017, applicant
                                                  the following methods:                                    BILLING CODE 8011–01–P                                 made liquidating distributions to its
                                                  Electronic Comments                                                                                              shareholders, based on net asset value.
                                                    • Use the Commission’s Internet                                                                                Expenses of $268,984 incurred in
                                                                                                            SECURITIES AND EXCHANGE                                connection with the liquidation were
                                                  comment form (http://www.sec.gov/
                                                                                                            COMMISSION                                             paid by the applicant. Applicant has
                                                  rules/sro.shtml); or
                                                    • Send an email to rule-comments@                       [Investment Company Act Release No.                    retained $251,910 for the purpose of
                                                  sec.gov. Please include File Number SR–                   32663]                                                 paying outstanding accrued and
                                                  MIAX–2017–22 on the subject line.                                                                                anticipated expenses.
                                                                                                            Notice of Applications for                               Filing Date: The application was filed
                                                  Paper Comments                                            Deregistration Under Section 8(f) of the               on May 1, 2017.
                                                    • Send paper comments in triplicate                     Investment Company Act of 1940                           Applicant’s Address: Madison Harbor
                                                  to Brent J. Fields, Secretary, Securities                                                                        Balanced Strategies, Inc., 1177 Avenue
                                                                                                            May 26, 2017.
                                                  and Exchange Commission, 100 F Street                                                                            of the Americas, 44th Floor, New York,
                                                  NE., Washington, DC 20549–1090.                             The following is a notice of
                                                                                                            applications for deregistration under                  New York 10036.
                                                  All submissions should refer to File
                                                                                                            section 8(f) of the Investment Company                 CBRE Clarion MLP Select Income
                                                  Number SR–MIAX–2017–22. This file
                                                                                                            Act of 1940 for the month of May 2017.                 Opportunities Fund
                                                  number should be included on the
                                                                                                            A copy of each application may be
                                                  subject line if email is used. To help the                                                                       [File No. 811–22950]
                                                                                                            obtained via the Commission’s Web site
                                                  Commission process and review your                                                                                  Summary: Applicant, a closed-end
                                                                                                            by searching for the file number, or for
                                                  comments more efficiently, please use                                                                            investment company, seeks an order
                                                                                                            an applicant using the Company name
                                                  only one method. The Commission will                                                                             declaring that it has ceased to be an
                                                                                                            box, at http://www.sec.gov/search/
                                                  post all comments on the Commission’s                                                                            investment company. Applicant has
                                                                                                            search.htm or by calling (202) 551–
                                                  Internet Web site (http://www.sec.gov/                                                                           never made a public offering of its
                                                                                                            8090. An order granting each
                                                  rules/sro.shtml). Copies of the                                                                                  securities and does not propose to make
                                                                                                            application will be issued unless the
                                                                                                            SEC orders a hearing. Interested persons               a public offering or engage in business
mstockstill on DSK30JT082PROD with NOTICES




                                                    24 15  U.S.C. 78s(b)(3)(A).
                                                    25 17                                                   may request a hearing on any                           of any kind.
                                                           CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                  4(f)(6) requires a self-regulatory organization to give   application by writing to the SEC’s                       Filing Dates: The application was
                                                  the Commission written notice of its intent to file       Secretary at the address below and                     filed on February 28, 2017 and amended
                                                  the proposed rule change at least five business days      serving the relevant applicant with a                  on May 2, 2017.
                                                  prior to the date of filing of the proposed rule
                                                  change, or such shorter time as designated by the         copy of the request, personally or by                     Applicant’s Address: 201 King of
                                                  Commission. The Exchange has satisfied this                                                                      Prussia Road, Suite 600, Radnor,
                                                  requirement.                                                26 17   CFR 200.30–3(a)(12).                         Pennsylvania 19087.


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Document Created: 2017-06-01 03:05:31
Document Modified: 2017-06-01 03:05:31
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 25393 

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