82 FR 51312 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rules 700, 1322, and 517

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 212 (November 3, 2017)

[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51312-51313]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23922]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81976; File No. SR-MIAX-2017-43]


Self-Regulatory Organizations; Miami International Securities 
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend MIAX Options Rules 700, 1322, and 517

October 30, 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 October 16, 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 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 minor corrective changes 
to Exchange Rule 700, Exercise of Option Contracts; Rule 1322, Options 
Communications; and Rule 517, Quote Types Defined.
    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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Exchange Rule 700, Exercise of 
Option Contracts; Rule 1322, Options Communications; and Rule 517, 
Quote Types Defined, to make minor non-substantive corrective changes.
    First, the Exchange proposes to amend Exchange Rule 700 to remove a 
duplicate item identifier. The Exchange recently amended Rule 700 by 
adding new paragraph (h).\3\ However, the Exchange inadvertently 
numbered the paragraph as (h) when it should have been numbered as (l). 
The Exchange is not proposing any change to the wording of the Rule or 
to its application. The Exchange is only proposing to amend Rule 700(h) 
to be renumbered to Rule 700(l).
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    \3\ See Securities Exchange Act Release No. 81739 (September 27, 
2017), 82 FR 46111 (October 3, 2017) (SR-MIAX-2017-39).
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    Second, the Exchange proposes to amend Exchange Rule 1322, Options 
Communications to make minor corrective changes to the numerical list 
item identifiers to properly conform to the hierarchical heading scheme 
used throughout the Exchange's rulebook. Paragraph (a) currently reads, 
``Definitions. For purposes of this Rule and any interpretation 
thereof, `options communications' consist of:.'' The language after the 
word ``Definition'' should be in a separate sub-paragraph, therefore, 
the Exchange proposes to amend this Rule to move the language after the 
word ``Definition'' to sub-paragraph (a)(1). Accordingly, sub-
paragraphs (a)(1) through (a)(3) will be renumbered as (a)(1)(i) 
through (a)(1)(iii); sub-paragraph (a)(4) will be renumbered as (a)(2); 
sub-paragraphs (a)(4)(1) through (a)(4)(3) will be renumbered as 
(a)(2)(i) through (a)(2)(iii); sub-paragraph (a)(5) will be renumbered 
as (a)(3); sub-paragraphs (a)(5)(A) through (a)(5)(F) will be 
renumbered as (a)(3)(i) through (a)(3)(vi); sub-paragraphs (h)(i) 
through (h)(viii) will be renumbered as (h)(1) through (h)(8); and 
finally, the reference to Rule (a)(4) located in current Rule (a)(5) 
will be renumbered to reference Rule (a)(2).
    Finally, the Exchange proposes to amend Exchange Rule 517(a)(2)(i) 
to correct a typographical error. Currently, the second to last 
sentence reads ``[i]f the Exchange determines to establish a limit, it 
will be no more ten Day eQuotes on the same side of an individual 
option.'' The word ``than'' is missing between the words ``more'' and 
``ten.'' Therefore, the Exchange proposes to amend the sentence to read 
``[i]f the Exchange determines to establish a limit, it will be no more 
than ten Day eQuotes on the same side of an individual option.''
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \4\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \5\ 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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    \4\ 15 U.S.C. 78f(b).
    \5\ 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

[[Page 51313]]

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 700, Exercise of 
Option Contracts; Rule 1322, Options Communications; and Rule 517, 
Quote Types Defined 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 \6\ 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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    \6\ 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 it is not designed to address any 
competitive issues but rather is 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.

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 \7\ and Rule 19b-4(f)(6) 
\8\ 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.\9\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
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. The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

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-2017-43 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-2017-43. 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. Persons submitting 
comments are cautioned that we do not redact or edit personal 
identifying information from comment submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-MIAX-2017-43 and should be 
submitted on or before November 24, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23922 Filed 11-2-17; 8:45 am]
BILLING CODE 8011-01-P