82_FR_26835 82 FR 26726 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 521, Nullification and Adjustment of Options Transactions Including Obvious Errors

82 FR 26726 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 521, Nullification and Adjustment of Options Transactions Including Obvious Errors

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 109 (June 8, 2017)

Page Range26726-26728
FR Document2017-11869

Federal Register, Volume 82 Issue 109 (Thursday, June 8, 2017)
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26726-26728]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11869]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80853; File No. SR-MIAX-2017-25]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend MIAX Options Rule 521, Nullification and 
Adjustment of Options Transactions Including Obvious Errors

June 2, 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 30, 2017, Miami International Securities 
Exchange, LLC (``MIAX Options'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``Commission'') a proposed rule 
change as described in Items I and II below, which Items have been 
prepared by the Exchange. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to make a technical amendment to 
Exchange Rule 521, Nullification and Adjustment of Options Transactions 
including Obvious Errors.
    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 is proposing a technical change to delete obsolete 
Rule 521(l)(5), Complex Order Obvious Errors, from the Exchange's 
Rules.
Background
    In 2015, the Exchange, in concert with the other then-existing U.S. 
options exchanges, adopted harmonized rules related to the adjustment 
and nullification of erroneous options transactions and coordination 
among the Exchanges in connection with large-scale events involving 
erroneous options transactions.\3\ The Exchange believes that the 
changes the options exchanges implemented with the new, harmonized rule 
have led to increased transparency and finality with respect to the 
adjustment and nullification of erroneous options transactions. 
However, as part of that initiative, the Exchange and other options 
exchanges deferred a few specific matters for further discussion, among 
them the manner in which erroneous transactions in complex orders would 
be handled.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 74918 (May 8, 2015), 
80 FR 27781 (May 14, 2015) (SR-MIAX-2015-35).
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    In October, 2016, the Commission approved a proposed rule change 
that permitted the Exchange to adopt new rules to govern the trading of 
complex orders (the ``Complex Orders Filing'').\4\ Among the rules 
adopted in the Complex Orders Filing was Rule 521(l)(5), Complex Order 
Obvious Errors, which was not included in the industry-wide, harmonized 
rules described above.\5\ Rule 521(l)(5) governs the handling of 
complex orders in

[[Page 26727]]

situations where one or more components of a complex order is eligible 
to be adjusted or nullified under Rule 521(c)(4), Adjust or Bust.\6\
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    \4\ See Securities Exchange Act Release No. 79072 (October 7, 
2016), 81 FR 71131 (October 14, 2016) (SR-MIAX-2016-26).
    \5\ See supra note 3.
    \6\ If it is determined that an Obvious Error has occurred, the 
Exchange shall take one of the actions listed in Rule 521(c)(4). 
Upon taking final action, the Exchange shall promptly notify both 
parties to the trade electronically or via telephone. See Exchange 
Rule 521(c)(4).
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    Since the industry-wide adoption of the harmonized rules, the 
options exchanges have been working together to identify ways to 
improve the process related to the adjustment and nullification of 
erroneous options transactions as it relates to complex orders and 
stock-option orders.\7\ The goal of the process that the options 
exchanges have undertaken is to further harmonize rules related to the 
adjustment and nullification of erroneous options transactions. 
Accordingly, as the culmination of this coordinated effort, the 
exchanges that offer complex orders and/or stock-option orders 
(including the Exchange) universally adopted new provisions that the 
options exchanges collectively believe will improve the handling of 
erroneous options transactions that result from the execution of 
complex orders and stock-option orders.\8\
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    \7\ See Exchange Rule 518(a)(5) (defining complex orders and 
stock-option orders).
    \8\ Exchanges that do not offer complex orders and/or stock-
option orders did not adopt these new provisions.
---------------------------------------------------------------------------

Proposal
    These harmonized provisions are set forth in recently-adopted 
Interpretations and Policies .03 to Rule 521.\9\ Interpretations and 
Policies .03 to Rule 521 should have replaced current Rule 521(l)(5) as 
the controlling Rule governing the manner in which the Exchange handles 
Obvious Errors in complex orders on the Exchange. The Exchange, 
however, inadvertently omitted the deletion of Rule 521(l)(5) from its 
Rules in the Complex Obvious Error Filing. Accordingly, the Exchange is 
proposing herein to delete obsolete Rule 521(l)(5) from its Rules as a 
technical matter.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 80284 (March 21, 
2017), 82 FR 15251 (March 27, 2017) (SR-MIAX-2017-13) (the ``Complex 
Obvious Error Filing'').
---------------------------------------------------------------------------

    The proposed deletion of Rule 521(l)(5) is intended to avoid the 
possibility of confusion between Rule 521(l)(5) and Interpretations and 
Policies .03 to Rule 521, and to eliminate any potential conflict in 
the Exchange's Rules in this regard. Interpretations and Policies .03 
tracks the harmonized rules of the exchanges that offer and trade 
complex orders, and the Exchange believes that it is appropriate to 
establish one single rule regarding Obvious Errors in complex orders. 
Accordingly, the Exchange proposes to delete current Rule 521(l)(5) 
from its Rules.
    The Exchange notes that NYSE Arca, Inc. (``NYSEArca'') also deleted 
its comparable provision from its Rule 6.87 (specifically, Rule 
6.87(c)(5)) when it filed to adopt harmonized rules for the handling of 
Obvious Errors in complex orders.\10\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 80496 (April 20, 
2017), 82 FR 19282 (April 26, 2017) (SR-NYSEArca-2017-42).
---------------------------------------------------------------------------

2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with 
Section 6(b) of the Act \11\ in general, and furthers the objectives of 
Section 6(b)(5) of the Act \12\ in particular, in that it is designed 
to prevent fraudulent and manipulative acts and practices, to promote 
just and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to and perfect the mechanisms of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change promotes just and 
equitable principles of trade and removes impediments to and perfects 
the mechanism of a free and open market and a national market system 
because it eliminates a potentially conflicting section from Rule 521 
that was erroneously left intact in the Complex Obvious Error Filing.
    In particular, the Exchange believes that the proposed rule change 
will provide consistency and clarity to Members \13\ and the public, 
regarding the Exchange's Rules. Moreover, the proposed rule change 
eliminates a rule that could possibly be in conflict with another 
Exchange rule and with the harmonized rules. The Exchange believes 
therefore that it is in the public interest for rules to be accurate 
and concise so as to eliminate the potential for confusion.
---------------------------------------------------------------------------

    \13\ The term ``Member'' means an individual or organization 
approved to exercise the trading rights associated with a Trading 
Permit. Members are deemed ``members'' under the Exchange Act. See 
Exchange Rule 100.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change 
will have no impact on competition as it is not designed to address any 
competitive issues but rather to add additional clarity to, and remedy 
possible conflicts in, the Exchange's Rules.
    The Exchange does not believe that the proposed rule changes will 
impose any burden on intermarket competition as the Rules apply equally 
to all Exchange Members.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the 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 from the date on which it was filed, or such shorter time as the 
Commission may designate, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \16\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \17\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the current conflict between Rule 521(l)(5) and Interpretations and 
Policies .03 to Rule 521 may be promptly removed from the Exchange's 
Rules, which the Exchange stated would avoid any potential confusion 
among participants using its facilities. The Commission believes the 
waiver of the operative delay is consistent with the protection of 
investors and the public interest. Therefore, the Commission hereby 
waives the operative delay and

[[Page 26728]]

designates the proposal operative upon filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change 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-2017-25 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-2017-25. 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-2017-25 and should be 
submitted on or before June 29, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11869 Filed 6-7-17; 8:45 am]
BILLING CODE 8011-01-P



                                                    26726                          Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices

                                                      Interested persons are invited to                     the Commission does not edit personal                  II. Self-Regulatory Organization’s
                                                    submit written data, views, and                         identifying information from                           Statement of the Purpose of, and
                                                    arguments regarding whether the                         submissions. You should submit only                    Statutory Basis for, the Proposed Rule
                                                    proposal should be approved or                          information that you wish to make                      Change
                                                    disapproved by June 29, 2017. Any                       available publicly. All submissions                       In its filing with the Commission, the
                                                    person who wishes to file a rebuttal to                 should refer to File Number SR–CBOE–                   Exchange included statements
                                                    any other person’s submission must file                 2017–010 and should be submitted on                    concerning the purpose of and basis for
                                                    that rebuttal by July 13, 2017. The                     or before June 29, 2017. Rebuttal                      the proposed rule change and discussed
                                                    Commission asks that commenters                         comments should be submitted by July                   any comments it received on the
                                                    address the sufficiency of the                          13, 2017.                                              proposed rule change. The text of these
                                                    Exchange’s statements in support of the                   For the Commission, by the Division of               statements may be examined at the
                                                    proposal, in addition to any other                      Trading and Markets, pursuant to delegated             places specified in Item IV below. The
                                                    comments they may wish to submit                        authority.29                                           Exchange has prepared summaries, set
                                                    about the proposed rule change.                         Eduardo A. Aleman,                                     forth in sections A, B, and C below, of
                                                      Comments may be submitted by any
                                                                                                            Assistant Secretary.                                   the most significant aspects of such
                                                    of the following methods:
                                                                                                            [FR Doc. 2017–11870 Filed 6–7–17; 8:45 am]             statements.
                                                    Electronic Comments                                     BILLING CODE 8011–01–P                                 A. Self-Regulatory Organization’s
                                                      • Use the Commission’s Internet                                                                              Statement of the Purpose of, and
                                                    comment form (http://www.sec.gov/                                                                              Statutory Basis for, the Proposed Rule
                                                    rules/sro.shtml); or                                    SECURITIES AND EXCHANGE                                Change
                                                      • Send an email to rule-comments@                     COMMISSION
                                                    sec.gov. Please include File Number SR–                                                                        1. Purpose
                                                                                                            [Release No. 34–80853; File No. SR–MIAX–
                                                    CBOE–2017–010 on the subject line.                      2017–25]                                                  The Exchange is proposing a technical
                                                    Paper Comments                                                                                                 change to delete obsolete Rule 521(l)(5),
                                                                                                            Self-Regulatory Organizations; Miami                   Complex Order Obvious Errors, from the
                                                       • Send paper comments in triplicate                  International Securities Exchange LLC;                 Exchange’s Rules.
                                                    to Secretary, Securities and Exchange                   Notice of Filing and Immediate
                                                    Commission, 100 F Street NE.,                                                                                  Background
                                                                                                            Effectiveness of a Proposed Rule
                                                    Washington, DC 20549–1090.                                                                                        In 2015, the Exchange, in concert with
                                                                                                            Change To Amend MIAX Options Rule
                                                    All submissions should refer to File                                                                           the other then-existing U.S. options
                                                    Numbers SR–CBOE–2017–010. This file                     521, Nullification and Adjustment of
                                                                                                            Options Transactions Including                         exchanges, adopted harmonized rules
                                                    number should be included on the                                                                               related to the adjustment and
                                                    subject line if email is used. To help the              Obvious Errors
                                                                                                                                                                   nullification of erroneous options
                                                    Commission process and review your                      June 2, 2017.                                          transactions and coordination among
                                                    comments more efficiently, please use                      Pursuant to the provisions of Section               the Exchanges in connection with large-
                                                    only one method. The Commission will                    19(b)(1) of the Securities Exchange Act                scale events involving erroneous
                                                    post all comments on the Commission’s                   of 1934 (‘‘Act’’) 1 and Rule 19b–4                     options transactions.3 The Exchange
                                                    Internet Web site (http://www.sec.gov/                  thereunder,2 notice is hereby given that               believes that the changes the options
                                                    rules/sro.shtml). Copies of the                         on May 30, 2017, Miami International                   exchanges implemented with the new,
                                                    submission, all subsequent                              Securities Exchange, LLC (‘‘MIAX                       harmonized rule have led to increased
                                                    amendments, all written statements                      Options’’ or ‘‘Exchange’’) filed with the              transparency and finality with respect to
                                                    with respect to the proposed rule                       Securities and Exchange Commission                     the adjustment and nullification of
                                                    change that are filed with the                          (‘‘Commission’’) a proposed rule change                erroneous options transactions.
                                                    Commission, and all written                             as described in Items I and II below,                  However, as part of that initiative, the
                                                    communications relating to the                          which Items have been prepared by the                  Exchange and other options exchanges
                                                    proposed rule change between the                        Exchange. The Commission is                            deferred a few specific matters for
                                                    Commission and any person, other than                   publishing this notice to solicit                      further discussion, among them the
                                                    those that may be withheld from the                     comments on the proposed rule change                   manner in which erroneous transactions
                                                    public in accordance with the                           from interested persons.                               in complex orders would be handled.
                                                    provisions of 5 U.S.C. 552, will be                                                                               In October, 2016, the Commission
                                                    available for Web site viewing and                      I. Self-Regulatory Organization’s                      approved a proposed rule change that
                                                    printing in the Commission’s Public                     Statement of the Terms of Substance of                 permitted the Exchange to adopt new
                                                    Reference Room, 100 F Street NE.,                       the Proposed Rule Change                               rules to govern the trading of complex
                                                    Washington, DC 20549, on official                          The Exchange is filing a proposal to                orders (the ‘‘Complex Orders Filing’’).4
                                                    business days between the hours of                      make a technical amendment to                          Among the rules adopted in the
                                                    10:00 a.m. and 3:00 p.m. Copies of these                Exchange Rule 521, Nullification and                   Complex Orders Filing was Rule
                                                    filings also will be available for                      Adjustment of Options Transactions                     521(l)(5), Complex Order Obvious
                                                    inspection and copying at the principal                 including Obvious Errors.                              Errors, which was not included in the
                                                    office of the Exchange. All comments                       The text of the proposed rule change                industry-wide, harmonized rules
                                                    received will be posted without change;
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            is available on the Exchange’s Web site                described above.5 Rule 521(l)(5) governs
                                                                                                            at http://www.miaxoptions.com/rule-                    the handling of complex orders in
                                                    1975, Public Law 94–29 (June 4, 1975), grants the
                                                    Commission flexibility to determine what type of        filings, at MIAX’s principal office, and
                                                    proceeding—either oral or notice and opportunity        at the Commission’s Public Reference                     3 See Securities Exchange Act Release No. 74918

                                                    for written comments—is appropriate for                 Room.                                                  (May 8, 2015), 80 FR 27781 (May 14, 2015) (SR–
                                                    consideration of a particular proposal by a self-                                                              MIAX–2015–35).
                                                                                                                                                                     4 See Securities Exchange Act Release No. 79072
                                                    regulatory organization. See Securities Act
                                                                                                              29 17 CFR 200.30–3(a)(57).
                                                    Amendments of 1975, Senate Comm. on Banking,                                                                   (October 7, 2016), 81 FR 71131 (October 14, 2016)
                                                                                                              1 15 U.S.C. 78s(b)(1).                               (SR–MIAX–2016–26).
                                                    Housing & Urban Affairs, S. Rep. No. 75, 94th
                                                    Cong., 1st Sess. 30 (1975).                               2 17 CFR 240.19b–4.                                    5 See supra note 3.




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                                                                                   Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices                                                     26727

                                                    situations where one or more                            the Exchange believes that it is                       any burden on competition that is not
                                                    components of a complex order is                        appropriate to establish one single rule               necessary or appropriate in furtherance
                                                    eligible to be adjusted or nullified under              regarding Obvious Errors in complex                    of the purposes of the Act. The
                                                    Rule 521(c)(4), Adjust or Bust.6                        orders. Accordingly, the Exchange                      proposed rule change will have no
                                                       Since the industry-wide adoption of                  proposes to delete current Rule 521(l)(5)              impact on competition as it is not
                                                    the harmonized rules, the options                       from its Rules.                                        designed to address any competitive
                                                    exchanges have been working together                       The Exchange notes that NYSE Arca,                  issues but rather to add additional
                                                    to identify ways to improve the process                 Inc. (‘‘NYSEArca’’) also deleted its                   clarity to, and remedy possible conflicts
                                                    related to the adjustment and                           comparable provision from its Rule 6.87                in, the Exchange’s Rules.
                                                    nullification of erroneous options                      (specifically, Rule 6.87(c)(5)) when it                   The Exchange does not believe that
                                                    transactions as it relates to complex                   filed to adopt harmonized rules for the                the proposed rule changes will impose
                                                    orders and stock-option orders.7 The                    handling of Obvious Errors in complex                  any burden on intermarket competition
                                                    goal of the process that the options                    orders.10                                              as the Rules apply equally to all
                                                    exchanges have undertaken is to further                                                                        Exchange Members.
                                                    harmonize rules related to the                          2. Statutory Basis
                                                                                                                                                                   C. Self-Regulatory Organization’s
                                                    adjustment and nullification of                            MIAX believes that its proposed rule                Statement on Comments on the
                                                    erroneous options transactions.                         change is consistent with Section 6(b) of              Proposed Rule Change Received From
                                                    Accordingly, as the culmination of this                 the Act 11 in general, and furthers the                Members, Participants, or Others
                                                    coordinated effort, the exchanges that                  objectives of Section 6(b)(5) of the Act 12
                                                    offer complex orders and/or stock-                      in particular, in that it is designed to                 Written comments were neither
                                                    option orders (including the Exchange)                  prevent fraudulent and manipulative                    solicited nor received.
                                                    universally adopted new provisions that                 acts and practices, to promote just and                III. Date of Effectiveness of the
                                                    the options exchanges collectively                      equitable principles of trade, to foster               Proposed Rule Change and Timing for
                                                    believe will improve the handling of                    cooperation and coordination with                      Commission Action
                                                    erroneous options transactions that                     persons engaged in facilitating                           Because the proposed rule change
                                                    result from the execution of complex                    transactions in securities, to remove                  does not (i) significantly affect the
                                                    orders and stock-option orders.8                        impediments to and perfect the                         protection of investors or the public
                                                                                                            mechanisms of a free and open market                   interest; (ii) impose any significant
                                                    Proposal                                                and a national market system and, in                   burden on competition; and (iii) become
                                                       These harmonized provisions are set                  general, to protect investors and the                  operative for 30 days from the date on
                                                    forth in recently-adopted Interpretations               public interest.                                       which it was filed, or such shorter time
                                                    and Policies .03 to Rule 521.9                             The Exchange believes the proposed                  as the Commission may designate, it has
                                                    Interpretations and Policies .03 to Rule                rule change promotes just and equitable                become effective pursuant to Section
                                                    521 should have replaced current Rule                   principles of trade and removes                        19(b)(3)(A) of the Act 14 and Rule 19b–
                                                    521(l)(5) as the controlling Rule                       impediments to and perfects the                        4(f)(6) thereunder.15
                                                    governing the manner in which the                       mechanism of a free and open market                       A proposed rule change filed
                                                    Exchange handles Obvious Errors in                      and a national market system because it                pursuant to Rule 19b–4(f)(6) under the
                                                    complex orders on the Exchange. The                     eliminates a potentially conflicting                   Act 16 normally does not become
                                                    Exchange, however, inadvertently                        section from Rule 521 that was                         operative for 30 days after the date of its
                                                    omitted the deletion of Rule 521(l)(5)                  erroneously left intact in the Complex                 filing. However, Rule 19b–4(f)(6)(iii) 17
                                                    from its Rules in the Complex Obvious                   Obvious Error Filing.                                  permits the Commission to designate a
                                                    Error Filing. Accordingly, the Exchange                    In particular, the Exchange believes                shorter time if such action is consistent
                                                    is proposing herein to delete obsolete                  that the proposed rule change will                     with the protection of investors and the
                                                    Rule 521(l)(5) from its Rules as a                      provide consistency and clarity to                     public interest. The Exchange has asked
                                                    technical matter.                                       Members 13 and the public, regarding                   the Commission to waive the 30-day
                                                       The proposed deletion of Rule                        the Exchange’s Rules. Moreover, the                    operative delay so that the current
                                                    521(l)(5) is intended to avoid the                      proposed rule change eliminates a rule                 conflict between Rule 521(l)(5) and
                                                    possibility of confusion between Rule                   that could possibly be in conflict with                Interpretations and Policies .03 to Rule
                                                    521(l)(5) and Interpretations and                       another Exchange rule and with the                     521 may be promptly removed from the
                                                    Policies .03 to Rule 521, and to                        harmonized rules. The Exchange                         Exchange’s Rules, which the Exchange
                                                    eliminate any potential conflict in the                 believes therefore that it is in the public            stated would avoid any potential
                                                    Exchange’s Rules in this regard.                        interest for rules to be accurate and                  confusion among participants using its
                                                    Interpretations and Policies .03 tracks                 concise so as to eliminate the potential               facilities. The Commission believes the
                                                    the harmonized rules of the exchanges                   for confusion.                                         waiver of the operative delay is
                                                    that offer and trade complex orders, and                                                                       consistent with the protection of
                                                                                                            B. Self-Regulatory Organization’s
                                                                                                            Statement on Burden on Competition                     investors and the public interest.
                                                      6 If it is determined that an Obvious Error has                                                              Therefore, the Commission hereby
                                                    occurred, the Exchange shall take one of the actions      The Exchange does not believe that
                                                    listed in Rule 521(c)(4). Upon taking final action,                                                            waives the operative delay and
                                                    the Exchange shall promptly notify both parties to      the proposed rule change will impose
                                                    the trade electronically or via telephone. See                                                                   14 15  U.S.C. 78s(b)(3)(A).
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Exchange Rule 521(c)(4).                                  10 See Securities Exchange Act Release No. 80496       15 17  CFR 240.19b–4(f)(6). As required under Rule
                                                       7 See Exchange Rule 518(a)(5) (defining complex      (April 20, 2017), 82 FR 19282 (April 26, 2017) (SR–    19b–4(f)(6)(iii), the Exchange provided the
                                                    orders and stock-option orders).                        NYSEArca–2017–42).                                     Commission with written notice of its intent to file
                                                       8 Exchanges that do not offer complex orders and/      11 15 U.S.C. 78f(b).                                 the proposed rule change, along with a brief
                                                    or stock-option orders did not adopt these new            12 15 U.S.C. 78f(b)(5).                              description and the text of the proposed rule
                                                    provisions.                                               13 The term ‘‘Member’’ means an individual or        change, at least five business days prior to the date
                                                       9 See Securities Exchange Act Release No. 80284      organization approved to exercise the trading rights   of filing of the proposed rule change, or such
                                                    (March 21, 2017), 82 FR 15251 (March 27, 2017)          associated with a Trading Permit. Members are          shorter time as designated by the Commission.
                                                                                                                                                                     16 17 CFR 240.19b–4(f)(6).
                                                    (SR–MIAX–2017–13) (the ‘‘Complex Obvious Error          deemed ‘‘members’’ under the Exchange Act. See
                                                    Filing’’).                                              Exchange Rule 100.                                       17 17 CFR 240.19b–4(f)(6)(iii).




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                                                    26728                          Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices

                                                    designates the proposal operative upon                  business days between the hours of                     eliminating the recovery rate risk charge
                                                    filing.18                                               10:00 a.m. and 3:00 p.m. Copies of the                 as a component of the margin
                                                       At any time within 60 days of the                    filing also will be available for                      methodology, as it applies to index CDS.
                                                    filing of the proposed rule change, the                 inspection and copying at the principal                LCH SA, however, does not propose to
                                                    Commission summarily may                                office of the Exchange. All comments                   alter the recovery rate risk charge as a
                                                    temporarily suspend such rule change if                 received will be posted without change;                component of the margin methodology,
                                                    it appears to the Commission that such                  the Commission does not edit personal                  as it applies to single name CDS. The
                                                    action is necessary or appropriate in the               identifying information from                           proposed rule change also seeks to make
                                                    public interest, for the protection of                  submissions. You should submit only                    minor updates and clarifications to the
                                                    investors, or otherwise in furtherance of               information that you wish to make                      Reference Guide.4
                                                    the purposes of the Act. If the                         available publicly. All submissions
                                                    Commission takes such action, the                       should refer to File Number SR–MIAX–                      With respect to the portion of the
                                                    Commission shall institute proceedings                  2017–25 and should be submitted on or                  proposed rule change that eliminates
                                                    to determine whether the proposed rule                  before June 29, 2017.                                  the recovery rate risk charge as a margin
                                                    change should be approved or                                                                                   component for index CDS positions,
                                                                                                              For the Commission, by the Division of
                                                    disapproved.                                            Trading and Markets, pursuant to delegated             LCH SA believes that recovery rate risk
                                                    IV. Solicitation of Comments                            authority.19                                           is irrelevant to index CDS in normal
                                                                                                            Eduardo A. Aleman,                                     market conditions and it therefore
                                                      Interested persons are invited to                                                                            should not need to charge margin to
                                                    submit written data, views, and                         Assistant Secretary.
                                                                                                            [FR Doc. 2017–11869 Filed 6–7–17; 8:45 am]
                                                                                                                                                                   address it. In support, LCH SA
                                                    arguments concerning the foregoing,
                                                                                                                                                                   represents that ‘‘[the] market convention
                                                    including whether the proposed rule                     BILLING CODE 8011–01–P
                                                                                                                                                                   is to assume a pre-defined recovery rate
                                                    change is consistent with the Act.
                                                    Comments may be submitted by any of                                                                            for pricing an index CDS, such as a CDS
                                                    the following methods:                                  SECURITIES AND EXCHANGE                                on iTraxx indices.’’ 5 Therefore,
                                                                                                            COMMISSION                                             according to LCH SA, there is no need
                                                    Electronic Comments                                                                                            to charge margin for an adverse recovery
                                                                                                            [Release No. 34–80848; File No. SR–LCH
                                                      • Use the Commission’s Internet                       SA–2017–003]
                                                                                                                                                                   rate movement for an index CDS
                                                    comment form (http://www.sec.gov/                                                                              position because, pursuant to market
                                                    rules/sro.shtml); or                                    Self-Regulatory Organizations; LCH                     convention for pricing an index CDS in
                                                      • Send an email to rule-comments@                     SA; Order Approving Proposed Rule                      normal market conditions, the rate will
                                                    sec.gov. Please include File Number SR–                 Change Relating to Recovery Risk                       not move. Moreover, LCH SA
                                                    MIAX–2017–25 on the subject line.                       Margin                                                 characterizes any drop in the recovery
                                                    Paper Comments                                                                                                 rate for index CDS as a stress loss, and
                                                                                                            June 2, 2017.
                                                      • Send paper comments in triplicate                                                                          states that applying a margin charge to
                                                    to Brent J. Fields, Secretary, Securities               I. Introduction                                        address this risk ‘‘would be trying to
                                                    and Exchange Commission, 100 F Street                      On April 4, 2017, Banque Centrale de                capture a stress loss incurred in a
                                                    NE., Washington, DC 20549–1090.                         Compensation, which conducts                           Clearing Member’s portfolio should the
                                                    All submissions should refer to File                    business under the name LCH SA (‘‘LCH                  pre-defined recovery rate for these index
                                                    Number SR–MIAX–2017–25. This file                       SA’’), filed with the Securities and                   CDS change, which is not consistent
                                                    number should be included on the                        Exchange Commission (‘‘Commission’’),                  with market convention in normal
                                                    subject line if email is used. To help the              pursuant to Section 19(b)(1) of the                    market conditions.’’ 6 Furthermore,
                                                    Commission process and review your                      Securities Exchange Act of 1934                        while LCH SA does expect deviations
                                                    comments more efficiently, please use                   (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a              from this market convention in extreme
                                                    only one method. The Commission will                    proposed rule change (SR–LCH SA–                       market conditions, LCH SA believes that
                                                    post all comments on the Commission’s                   2017–003) to revise its margin                         these deviations—and any resultant
                                                    Internet Web site (http://www.sec.gov/                  methodology with respect to credit                     recovery rate risk on the affected index
                                                    rules/sro.shtml). Copies of the                         default swaps (‘‘CDS’’) in the Reference               CDS positions—should not be addressed
                                                    submission, all subsequent                              Guide: CDS Margin Framework                            through its margin framework but rather
                                                    amendments, all written statements                      (‘‘Reference Guide’’). The proposed rule               ‘‘would be captured by LCH SA’s stress
                                                    with respect to the proposed rule                       change was published for comment in                    scenarios used to size the Default
                                                    change that are filed with the                          the Federal Register on April 19, 2017.3               Fund.’’ 7 Therefore, LCH SA maintains
                                                    Commission, and all written                             The Commission received no comment                     that elimination of recovery rate risk
                                                    communications relating to the                          letters regarding the proposed change.                 charge from its margin framework is
                                                    proposed rule change between the                        For the reasons discussed below, the                   appropriate and consistent with
                                                    Commission and any person, other than                   Commission is approving the proposed                   applicable provisions of the Exchange
                                                    those that may be withheld from the                     rule change.                                           Act and Commission Rules promulgated
                                                    public in accordance with the                                                                                  thereunder.
                                                                                                            II. Description of the Proposed Rule
                                                    provisions of 5 U.S.C. 552, will be
                                                                                                            Change
                                                    available for Web site viewing and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    printing in the Commission’s Public                       The proposed rule change seeks to                      4 LCH SA has proposed changes to the Reference


                                                    Reference Room, 100 F Street NE.,                       amend the Reference Guide by                           Guide to (i) correct a hyperlink and (ii) add a cross
                                                                                                                                                                   reference and hyperlink to the general inputs
                                                    Washington, DC 20549, on official                                                                              considered by LCH SA in constructing the CDS
                                                                                                              19 17 CFR 200.30–3(a)(12).
                                                                                                              1 15
                                                                                                                                                                   pricing for European and U.S. dollar denominated
                                                      18 For purposes only of waiving the 30-day                   U.S.C. 78s(b)(1).
                                                                                                              2 17 CFR 240.19b–4.
                                                                                                                                                                   contracts. See Notice, 82 FR at 18489.
                                                    operative delay, the Commission has also                                                                         5 Id.
                                                    considered the proposed rule’s impact on                  3 Securities Exchange Act Release No. 34–80450
                                                                                                                                                                     6 Id.
                                                    efficiency, competition, and capital formation. See     (April 13, 2017), 82 FR 18488 (April 19, 2017) (SR–
                                                    15 U.S.C. 78c(f).                                       LCH SA–2017–003) (the ‘‘Notice’’).                       7 Id.




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Document Created: 2018-11-14 10:07:06
Document Modified: 2018-11-14 10:07:06
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 26726 

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