82 FR 35254 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rules 404, 506, 806, and 1701

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 144 (July 28, 2017)

Page Range		35254-35256
FR Document		2017-15906
Federal Register, Volume 82 Issue 144 (Friday, July 28, 2017)
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Notices]
[Pages 35254-35256]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15906]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81193; File No. SR-MIAX-2017-35]


Self-Regulatory Organizations; Miami International Securities 
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend MIAX Options Rules 404, 506, 806, and 
1701

July 24, 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 July 19, 2017, Miami International Securities 
Exchange, LLC (``MIAX Options'' or the ``Exchange'') filed with the 
Securities and Exchange Commission (``Commission'') a proposed rule 
change as described in Items I, II, and III below, which Items have 
been prepared by the Exchange. The Commission is publishing this notice 
to solicit comments on the

[[Page 35255]]

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 minor corrective changes 
to Exchange Rule 404, Series of Option Contracts Open for Trading; Rule 
506, Collection and Dissemination of Quotations; Rule 806, Risk 
Analysis of Market Maker Accounts; and Rule 1701, Consolidated Audit 
Trail Compliance Rule--Definitions.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/rule-filings/ at MIAX Options' 
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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Exchange Rules 404, Series of Option 
Contracts Open for Trading; Rule 506, Collection and Dissemination of 
Quotations; Rule 806, Risk Analysis of Market Maker Accounts; and Rule 
1701, Consolidated Audit Trail Compliance Rule--Definitions to make 
minor non-substantive corrective changes.
    First, the Exchange proposes to amend Exchange Rule 404, Series of 
Option Contracts Open for Trading, Interpretation and Policy .08, Mini 
Option Contracts, paragraph (a), to correct typographical errors in the 
last sentence. Currently, the sentence reads, ``[m]ini-option contracts 
may currently be listed on SPDR S&P 500 (SPY), Apple, Inc. (AAPL), SPDR 
Gold Trust (GLD), Alphabet, Inc. (GOOGL) and Amazon.com Inc. (AMZN).'' 
The commas should be removed from ``Apple, Inc.'' and ``Alphabet, 
Inc.,'' and a comma should be inserted in ``Amazon.com Inc.'' 
Therefore, the Exchange proposes to amend this Rule to correctly 
reflect the names of Apple Inc., Alphabet Inc., and Amazon.com, Inc.
    Second, the Exchange proposes to amend Exchange Rule 404, Series of 
Option Contracts Open for Trading, Interpretation and Policy .08, Mini 
Option Contracts, paragraph (b), to correct typographical errors in the 
last sentence. Currently, the sentence reads, ``[f]or example, a call 
series strike price to deliver 10 shares of stock at $125 per share has 
a total deliverable value of $1250, and the strike price will be set at 
125.'' A comma should be inserted in the number ``$1250'' and a dollar 
sign should be inserted before the number ``125.'' Therefore, the 
Exchange proposes to amend this Rule to replace the number ``$1250'' 
with ``$1,250'' and replace the number ``125'' with ``$125.''
    Third, the Exchange proposes to amend Exchange Rule 506(c) to 
convert the Roman numeral list item identifiers to numerical 
identifiers to properly conform to the hierarchical heading scheme used 
throughout the Exchange's rulebook. Paragraphs (i) and (ii) are 
incorrectly numbered and should be numbered (1) and (2). Therefore, the 
Exchange proposes to amend this Rule to correctly number the paragraphs 
as (1) and (2).
    Fourth, the Exchange proposes to amend Exchange Rule 806(b)(3) to 
correct a minor typographical error in the last word of this 
subparagraph. Currently, the section reads, ``[o]ptions prices shall be 
estimated through use of recognized options pricing models such as, but 
not limited to, Black-Scholes and Cox-Reubenstein.'' The word ``Cox-
Reubenstein'' is misspelled and the Exchange proposes to amend this 
Rule to correct the spelling to ``Cox-Rubinstein.''
    Finally, the Exchange proposes to amend Exchange Rule 1701(d) to 
correct a typographical error. Currently, the section reads, ``. . . 
required to be reported under the Compliance Audit Trail . . .'' The 
word ``Compliance'' is incorrect and should be replaced with 
``Consolidated.''
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \3\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \4\ in particular, in that 
they are designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanisms of a free and open market and a national market system and, 
in general, to protect investors and the public interest.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed changes promote just and 
equitable principles of trade and remove impediments to and perfect the 
mechanism of a free and open market and a national market system 
because the proposed rule change corrects minor typographical errors 
and corrects errors in the hierarchical heading scheme to provide 
uniformity in the Exchange's rulebook. The Exchange notes that the 
proposed changes to Exchange Rule 404, Series of Option Contracts Open 
for Trading; Rule 506, Collection and Dissemination of Quotations; Rule 
806, Risk Analysis of Market Maker Accounts; and Rule 1701, 
Consolidated Audit Trail Compliance Rule--Definitions do not alter the 
application of each rule. As such, the proposed amendments would foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities and would remove impediments to and perfect 
the mechanism of a free and open market and a national exchange system. 
In particular, the Exchange believes that the proposed changes will 
provide greater clarity to Members \5\ and the public regarding the 
Exchange's Rules. It is in the public interest for rules to be accurate 
and concise so as to eliminate the potential for confusion.
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    \5\ The term ``Member'' means an individual or organization 
approved to exercise the trading rights associated with a Trading 
Permit. Members are deemed ``members'' under the Exchange Act. See 
Exchange Rule 100.
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

[[Page 35256]]

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

    Pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) 
\7\ thereunder, the Exchange has designated this proposal as one that 
effects a change that: (i) Does not significantly affect the protection 
of investors or the public interest; (ii) does not impose any 
significant burden on competition; and (iii) by its terms, does not 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate if consistent with the 
protection of investors and the public interest.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-MIAX-2017-35 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2017-35. 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-2017-35, and should be 
submitted on or before August 18, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-15906 Filed 7-27-17; 8:45 am]
 BILLING CODE 8011-01-P
35254 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Notices

believes that allowing non-routable All submissions should refer to File Process and avoid introducing
DAY market orders to queue for the Number SR–IEX–2017–11. This file unnecessary technical complexities. The
Opening Process may accommodate number should be included on the Commission does not believe that any of
market participants that use DAY subject line if email is used. To help the the changes proposed in Amendment
market orders on other exchanges and Commission process and review your No. 3 introduce novel concepts, but
therein may help promote the orderly comments more efficiently, please use rather add detail to better reflect in the
submission of those orders to the only one method. The Commission will proposed rule text how the proposed
Exchange in advance of the Regular post all comments on the Commission’s Opening Process would work for non-
Market Session. Internet Web site (http://www.sec.gov/ IEX-listed securities, and also reconciles
Further, the Commission believes that rules/sro.shtml). Copies of the the proposed Opening Process with the
the components of the proposal that are submission, all subsequent tick-size requirements of the Tick Size
designed to address what would occur amendments, all written statements Pilot. Accordingly, for the reasons noted
if a disruption prevents the execution of with respect to the proposed rule above, the Commission finds good cause
the opening process,58 and what would change that are filed with the for approving the proposed rule change,
occur if a security is subject to a halt, Commission, and all written as modified by Amendment No. 3, on an
suspension, or pause in trading during communications relating to the accelerated basis, pursuant to Section
the Pre-Market Session,59 set forth proposed rule change between the 19(b)(2) of the Act.62
procedures that are reasonably designed Commission and any person, other than
to protect investors and the public those that may be withheld from the VI. Conclusion
interest, and remove impediments to public in accordance with the It is therefore ordered, pursuant to
and perfect the mechanism of a national provisions of 5 U.S.C. 552, will be Section 19(b)(2) of the Act,63 that the
market system, consistent with Section available for Web site viewing and proposed rule change (SR–IEX–2017–
6(b)(5) of the Act.60 printing in the Commission’s Public 11), as modified by Amendment No. 3
Finally, the Commission notes that Reference Room, 100 F Street NE.,
thereto, be, and hereby is, approved on
another national securities exchange Washington, DC 20549 on official
an accelerated basis.
conducts an opening process for non- business days between the hours of
listed securities,61 and the Commission 10:00 a.m. and 3:00 p.m. Copies of such For the Commission, by the Division of
filing also will be available for Trading and Markets, pursuant to delegated
received no comments on the authority.64
Exchange’s proposed rule change. inspection and copying at the principal
office of the Exchange. All comments Eduardo A. Aleman,
IV. Solicitation of Comments on received will be posted without change; Assistant Secretary.
Amendment No. 3 the Commission does not edit personal [FR Doc. 2017–15908 Filed 7–27–17; 8:45 am]
Interested persons are invited to identifying information from BILLING CODE 8011–01–P
submit written data, views, and submissions. You should submit only
arguments concerning whether information that you wish to make
Amendment No. 3 is consistent with the available publicly. All submissions SECURITIES AND EXCHANGE
Act. Comments may be submitted by should refer to File Number SR–IEX– COMMISSION
any of the following methods: 2017–11, and should be submitted on or
before August 18, 2017. [Release No. 34–81193; File No. SR–MIAX–
Electronic Comments 2017–35]
V. Accelerated Approval of Proposed
• Use the Commission’s Internet
Rule Change, as Modified by Self-Regulatory Organizations; Miami
comment form (http://www.sec.gov/ Amendment No. 3
rules/sro.shtml); or International Securities Exchange,
• Send an email to rule-comments@ The Commission finds good cause to LLC; Notice of Filing and Immediate
sec.gov. Please include File Number SR– approve the proposed rule change, as Effectiveness of a Proposed Rule
IEX–2017–11 on the subject line. modified by Amendment No. 3, prior to Change To Amend MIAX Options Rules
the thirtieth day after the date of 404, 506, 806, and 1701
Paper Comments publication of the notice of Amendment
• Send paper comments in triplicate No. 3 in the Federal Register. The July 24, 2017.
to Brent J. Fields, Secretary, Securities Commission believes that the proposed Pursuant to the provisions of Section
and Exchange Commission, 100 F Street changes to the description of the process 19(b)(1) of the Securities Exchange Act
NE., Washington, DC 20549–1090. for determining the Opening Match of 1934 (‘‘Act’’) 1 and Rule 19b–4
Price that were included in Amendment thereunder,2 notice is hereby given that
Regular Market Session, and are rejected if No. 3 add clarity to the price on July 19, 2017, Miami International
submitted during the Pre-Market (or Post-Market) determination process without Securities Exchange, LLC (‘‘MIAX
Session. See Notice, supra note 3, at 19763. materially changing the proposal from
58 See proposed Rule 11.231(d). Options’’ or the ‘‘Exchange’’) filed with
59 See proposed Rule 11.231(e).
what the Exchange originally filed. the Securities and Exchange
60 The Commission believes that the other
Additionally, the Commission believes Commission (‘‘Commission’’) a
components of the proposal, including proposed that the proposed addition of a rounding proposed rule change as described in
Rule 11.231(f) and the minor conforming change to process for the Cross Tie Breaker to Items I, II, and III below, which Items
asabaliauskas on DSKBBXCHB2PROD with NOTICES

the language used to reference LULD Price Bands prevent certain Tick Size Pilot securities have been prepared by the Exchange.
in Rule 11.190(a)(2), are consistent with the Act. from trading in an impermissible
61 See, e.g., BZX Rule 11.24. The Commission The Commission is publishing this
notes that the BZX opening process for non-listed
increment eliminates a potential conflict notice to solicit comments on the
securities is largely similar to what the Exchange between the Tick Size Pilot and the
has proposed, but differs in that it is designed to Opening Process. Moreover, the 62 15 U.S.C. 78s(b)(2).
match eligible orders at the midpoint of the NBBO Commission believes that applying the 63 Id.
whereas the Exchange’s proposed Opening Match,
while bound by the Away Protected NBBO, could
rounding process to all non-IEX-listed 64 17 CFR 200.30–3(a)(12).
occur at a price other than the midpoint of the securities will allow for consistent 1 15 U.S.C. 78s(b)(1).
Away Protected NBBO. handling of securities in the Opening 2 17 CFR 240.19b–4.

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35256 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Notices

C. Self-Regulatory Organization’s only one method. The Commission will below, which Items have been prepared
Statement on Comments on the post all comments on the Commission’s by the Exchange. The Commission is
Proposed Rule Change Received From Internet Web site (http://www.sec.gov/ publishing this notice to solicit
Members, Participants, or Others rules/sro.shtml). Copies of the comments on the proposed rule change
Written comments were neither submission, all subsequent from interested persons.
solicited nor received. amendments, all written statements
with respect to the proposed rule I. Self-Regulatory Organization’s
III. Date of Effectiveness of the change that are filed with the Statement of the Terms of Substance of
Proposed Rule Change and Timing for Commission, and all written the Proposed Rule Change
Commission Action communications relating to the The Exchange filed a proposal to list
Pursuant to Section 19(b)(3)(A) of the proposed rule change between the and trade shares of the Aptus Fortified
Act 6 and Rule 19b–4(f)(6) 7 thereunder, Commission and any person, other than Value ETF (the ‘‘Fund’’), a series of ETF
the Exchange has designated this those that may be withheld from the Series Solutions (the ‘‘Trust’’), under
proposal as one that effects a change public in accordance with the Rule 14.11(c) (‘‘Index Fund Shares’’).
that: (i) Does not significantly affect the provisions of 5 U.S.C. 552, will be The text of the proposed rule change
protection of investors or the public available for Web site viewing and is available at the Exchange’s Web site
interest; (ii) does not impose any printing in the Commission’s Public at www.bats.com, at the principal office
significant burden on competition; and Reference Room, 100 F Street NE., of the Exchange, and at the
(iii) by its terms, does not become Washington, DC 20549, on official Commission’s Public Reference Room.
operative for 30 days after the date of business days between the hours of
II. Self-Regulatory Organization’s
the filing, or such shorter time as the 10:00 a.m. and 3:00 p.m. Copies of the
Statement of the Purpose of, and
Commission may designate if consistent filing also will be available for
Statutory Basis for, the Proposed Rule
with the protection of investors and the inspection and copying at the principal
Change
public interest. office of the Exchange. All comments
At any time within 60 days of the received will be posted without change; In its filing with the Commission, the
filing of the proposed rule change, the the Commission does not edit personal Exchange included statements
Commission summarily may identifying information from concerning the purpose of and basis for
temporarily suspend such rule change if submissions. You should submit only the proposed rule change and discussed
it appears to the Commission that such information that you wish to make any comments it received on the
action is necessary or appropriate in the available publicly. All submissions proposed rule change. The text of these
public interest, for the protection of should refer to File Number SR–MIAX– statements may be examined at the
investors, or otherwise in furtherance of 2017–35, and should be submitted on or places specified in Item IV below. The
the purposes of the Act. If the before August 18, 2017. Exchange has prepared summaries, set
Commission takes such action, the For the Commission, by the Division of forth in Sections A, B, and C below, of
Commission shall institute proceedings Trading and Markets, pursuant to delegated the most significant parts of such
to determine whether the proposed rule authority.8 statements.
should be approved or disapproved. Eduardo A. Aleman, (A) Self-Regulatory Organization’s
Assistant Secretary. Statement of the Purpose of, and
IV. Solicitation of Comments
[FR Doc. 2017–15906 Filed 7–27–17; 8:45 am] Statutory Basis for, the Proposed Rule
Interested persons are invited to BILLING CODE 8011–01–P Change
submit written data, views, and
arguments concerning the foregoing, 1. Purpose
including whether the proposed rule SECURITIES AND EXCHANGE The Exchange proposes to list and
change is consistent with the Act. COMMISSION trade the Shares under Rule 14.11(c)(3),
Comments may be submitted by any of which governs the listing and trading of
[Release No. 34–81191; File No. SR–
the following methods: Index Fund Shares on the Exchange.3
BatsBZX–2017–46]
Electronic Comments The Fund will be an index-based
Self-Regulatory Organizations; Bats exchange traded fund (‘‘ETF’’). The
• Use the Commission’s Internet BZX Exchange, Inc.; Notice of Filing of Exchange is submitting this proposed
comment form (http://www.sec.gov/ a Proposed Rule Change to Rule rule change because the Index, as
rules/sro.shtml); or 14.11(c), Index Fund Shares, To List defined below, does not meet all of the
• Send an email to rule-comments@
and Trade Shares of the Aptus ‘‘generic’’ listing requirements of Rule
sec.gov. Please include File Number SR–
Fortified Value ETF, a Series of ETF 14.11(c)(3)(A)(i), applicable to the
MIAX–2017–35 on the subject line.
Series Solutions listing of Index Fund Shares based upon
Paper Comments an index of ‘‘U.S. Component Stocks.’’ 4
July 24, 2017.
• Send paper comments in triplicate Specifically, Rule 14.11(c)(3)(A)(i) sets
Pursuant to Section 19(b)(1) of the forth the requirements to be met by
to Secretary, Securities and Exchange Securities Exchange Act of 1934
Commission, 100 F Street NE., components of an index or portfolio of
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
Washington, DC 20549–1090. U.S. Component Stocks. Because the
notice is hereby given that on July 10,
asabaliauskas on DSKBBXCHB2PROD with NOTICES

All submissions should refer to File 2017, Bats BZX Exchange, Inc. 3 The Commission originally approved BZX Rule
Number SR–MIAX–2017–35. This file (‘‘Exchange’’ or ‘‘BZX’’) filed with the 14.11(c) in Securities Exchange Act Release No.
number should be included on the Securities and Exchange Commission 65225 (August 30, 2011), 76 FR 55148 (September
subject line if email is used. To help the (‘‘Commission’’) the proposed rule 6, 2011) (SR–BATS–2011–018).
4 As defined in Rule 14.11(c)(1)(D), the term ‘‘U.S.
Commission process and review your change as described in Items I and II
Component Stock’’ shall mean an equity security
comments more efficiently, please use that is registered under Sections 12(b) or 12(g) of
8 17 CFR 200.30–3(a)(12). the Act, or an American Depositary receipt, the
6 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). underlying equity security of which is registered
7 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4. under Sections 12(b) or 12(g) of the Act.

VerDate Sep<11>2014 18:50 Jul 27, 2017 Jkt 241001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\28JYN1.SGM 28JYN1
Document Created: 2017-07-28 03:09:55
Document Modified: 2017-07-28 03:09:55
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 35254