82_FR_52112 82 FR 51897 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule

82 FR 51897 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 215 (November 8, 2017)

Page Range51897-51899
FR Document2017-24252

Federal Register, Volume 82 Issue 215 (Wednesday, November 8, 2017)
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51897-51899]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24252]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81998; File No. SR-MIAX-2017-45]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Its Fee Schedule

November 2, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 30, 2017, Miami International Securities Exchange LLC 
(``MIAX Options'' or ``Exchange'') filed with the Securities and 
Exchange Commission (``Commission'') the proposed rule change as 
described in Items I, II, and III below, which Items have been prepared 
by the Exchange. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Options Fee 
Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/rule-filings, at MIAX's 
principal office, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the list of MIAX Select Symbols \3\ 
contained in the Priority Customer Rebate Program (the ``Program'') \4\ 
of the Exchange's Fee Schedule to 1. delete the symbol ``SUNE'' 
associated with SunEdison, Inc. (``SunEdison'') and 2. replace the 
symbol ``BBRY'' with ``BB'' associated with BlackBerry Limited 
(``BlackBerry'').
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    \3\ The term ``MIAX Select Symbols'' means options overlying 
AAL, AAPL, AIG, AMAT, AMD, AMZN, BA, BABA, BBRY, BIDU, BP, C, CAT, 
CBS, CELG, CLF, CVX, DAL, EBAY, EEM, FB, FCX, GE, GILD, GLD, GM, 
GOOGL, GPRO, HAL, HTZ, INTC, IWM, JCP, JNJ, JPM, KMI, KO, MO, MRK, 
NFLX, NOK, NQ, ORCL, PBR, PFE, PG, QCOM, QQQ, RIG, S, SPY, SUNE, T, 
TSLA, USO, VALE, VXX, WBA, WFC, WMB, WY, X, XHB, XLE, XLF, XLP, XOM, 
and XOP.
    \4\ See section 1)a)iii) of the Fee Schedule for a complete 
description of the Program.
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    The Exchange initially created the list of MIAX Select Symbols on 
March 1, 2014,\5\ and has added and removed option classes from that 
list since that

[[Page 51898]]

time.\6\ On April 26, 2016, the New York Stock Exchange announced that 
it was delisting SunEdison since it was no longer suitable for listing. 
SunEdison had announced on the same day that it and certain of its 
domestic and international subsidiaries had filed voluntary petitions 
for reorganization under Chapter 11 of the U.S. Bankruptcy Code.\7\
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    \5\ See Securities Exchange Act Release No. 71700 (March 12, 
2014), 79 FR 15188 (March 18, 2014) (SR-MIAX-2014-13).
    \6\ See Securities Exchange Act Release Nos. 8109 (June 26, 
2017), 82 FR 29962 (June 30, 2017) (SR-MIAX-2017-29); 79301 
(November 14, 2016), 81 FR 81854 (November 18, 2016) (SR-MIAX-2016-
42); 74291(February 18, 2015), 80 FR 9841 (February 24, 2015) (SR-
MIAX-2015-09); 74288 (February 18, 2015), 80 FR 9837 (February 24, 
2015) (SR-MIAX-2015-08); 73328 (October 9, 2014), 79 FR 62230 
(October 16, 2014) (SR-MIAX-2014-50); 72567 (July 8, 2014), 79 FR 
40818 (July 14, 2014) (SR-MIAX-2014-34); 72356 (June 10, 2014), 79 
FR 34384 (June 16, 2014) (SR-MIAX-2014-26); 71700 (March 12, 2014), 
79 FR 15188 (March 18, 2014) (SR-MIAX-2014-13).
    \7\ See the press release located at http://ir.theice.com/press/press-releases/nyse-regulation/2016/042116suspensionrelease.
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    As a result, the Exchange delisted SunEdison options. Accordingly, 
the Exchange is amending its Fee Schedule to delete the symbol SUNE 
from the list of MIAX Select Symbols contained in the Program to 
correspond with the delisting. This amendment is intended to eliminate 
any potential confusion and to make it clear to market participants 
that SunEdison will not be a MIAX Select Symbol contained in the 
Program as SunEdison options are no longer listed on the Exchange.
    BlackBerry recently announced that it was transferring its listing 
from the Nasdaq Global Select Market to the New York Stock Exchange 
and, as a result, BlackBerry changed its symbol from ``BBRY'' and is 
now trading under the new symbol ``BB'' effective October 16, 2017.\8\ 
The Exchange is amending its Fee Schedule to change BlackBerry's symbol 
in the MIAX Select Symbols from ``BBRY'' to ``BB'' to correspond with 
this change. This amendment is designed to ensure that there is no 
confusion amongst market participants that BlackBerry, under its new 
ticker, will continue to remain in the MIAX Selected Symbols.
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    \8\ See the press release located at https://us.blackberry.com/company/newsroom/press?id=21b4315.
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2. Statutory Basis
    The Exchange believes that its proposal to amend its fee schedule 
is consistent with Section 6(b) of the Act \9\ in general, and furthers 
the objectives of Section 6(b)(4) of the Act,\10\ in that it is an 
equitable allocation of reasonable fees and other charges among 
Exchange members and other persons using its facilities, and 6(b)(5) of 
the Act,\11\ 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.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
    \11\ 15 U.S.C. 78f(b)(1) and (b)(5).
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    In particular, the proposal to delete the symbol SUNE from the list 
of MIAX Select Symbols contained in the Program and to change the 
symbol from BBRY to BB is consistent with Section 6(b)(4) of the Act 
because the proposed changes will allow for continued benefit to 
investors by providing them an updated list of MIAX Select Symbols 
contained in the Program on the Fee Schedule. In particular, the 
proposal to change the BlackBerry symbol to its new designation is 
consistent with the Act because the proposed change is merely updating 
the corresponding symbol to allow for BlackBerry to continue to remain 
in the MIAX Select Symbols.
    The Exchange believes that the proposal to amend an option class 
that qualifies for the credit for transactions in MIAX Select Symbols 
is fair, equitable and not unreasonably discriminatory. The Exchange 
believes that the Program itself is reasonably designed because it 
incentivizes providers of Priority Customer \12\ order flow to send 
that Priority Customer order flow to the Exchange in order to receive a 
credit in a manner that enables the Exchange to improve its overall 
competitiveness and strengthen its market quality for all market 
participants. The Program, which provides increased incentives in 
certain tiers in high volume select symbols, is also reasonably 
designed to increase the competitiveness of the Exchange with other 
options exchanges that also offer increased incentives to higher volume 
symbols.
---------------------------------------------------------------------------

    \12\ The term ``Priority Customer'' means a person or entity 
that 1. is not a broker or dealer in securities, and 2. does not 
place more than 390 orders in listed options per day on average 
during a calendar month for its own beneficial account(s). See 
Exchange Rule 100.
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    The Exchange also believes that its proposal is consistent with 
Section 6(b)(5) of the Act because it will apply equally to all 
Priority Customer orders in MIAX Select Symbols in the Program. All 
similarly situated Priority Customer orders in MIAX Select Symbols are 
subject to the same rebate schedule, and access to the Exchange is 
offered on terms that are not unfairly discriminatory.

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
rule change is a not a competitive filing but rather is designed to 
update the list of MIAX Select Symbols contained in the Program in 
order to avoid potential confusion on the part of market participants.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act,\13\ and Rule 19b-4(f)(2) \14\ thereunder. 
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.
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    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).
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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-2017-45 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.


[[Page 51899]]


All submissions should refer to File Number SR-MIAX-2017-45. 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-2017-45 and should be 
submitted on or before November 29, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24252 Filed 11-7-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices                                                  51897

                                               their purchases of other products sold                     rules/sro.shtml). Copies of the                       Commission is publishing this notice to
                                               by the Exchange.                                           submission, all subsequent                            solicit comments on the proposed rule
                                                 For all of the reasons set forth above,                  amendments, all written statements                    change from interested persons.
                                               the Exchange does not believe that the                     with respect to the proposed rule
                                                                                                                                                                I. Self-Regulatory Organization’s
                                               proposed rule changes will impose any                      change that are filed with the
                                                                                                          Commission, and all written                           Statement of the Terms of Substance of
                                               burden on competition not necessary or
                                                                                                          communications relating to the                        the Proposed Rule Change
                                               appropriate in furtherance of the
                                               purposes of the Act.                                       proposed rule change between the                         The Exchange is filing a proposal to
                                                                                                          Commission and any person, other than                 amend the MIAX Options Fee Schedule
                                               C. Self-Regulatory Organization’s
                                                                                                          those that may be withheld from the                   (the ‘‘Fee Schedule’’).
                                               Statement on Comments on the                               public in accordance with the
                                               Proposed Rule Change Received From                         provisions of 5 U.S.C. 552, will be                      The text of the proposed rule change
                                               Members, Participants, or Others                           available for Web site viewing and                    is available on the Exchange’s Web site
                                                 No written comments were either                          printing in the Commission’s Public                   at http://www.miaxoptions.com/rule-
                                               solicited or received.                                     Reference Room, 100 F Street NE.,                     filings, at MIAX’s principal office, and
                                                                                                          Washington, DC 20549, on official                     at the Commission’s Public Reference
                                               III. Date of Effectiveness of the                                                                                Room.
                                                                                                          business days between the hours of
                                               Proposed Rule Change and Timing for
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the                II. Self-Regulatory Organization’s
                                               Commission Action
                                                                                                          filing also will be available for                     Statement of the Purpose of, and
                                                  The foregoing rule change has become                    inspection and copying at the principal               Statutory Basis for, the Proposed Rule
                                               effective pursuant to Section                              office of the Exchange. All comments                  Change
                                               19(b)(3)(A)(ii) of the Act.17                              received will be posted without change.
                                                  At any time within 60 days of the                       Persons submitting comments are                         In its filing with the Commission, the
                                               filing of the proposed rule change, the                    cautioned that we do not redact or edit               Exchange included statements
                                               Commission summarily may                                   personal identifying information from                 concerning the purpose of and basis for
                                               temporarily suspend such rule change if                    comment submissions. You should                       the proposed rule change and discussed
                                               it appears to the Commission that such                     submit only information that you wish                 any comments it received on the
                                               action is: (i) Necessary or appropriate in                 to make available publicly. All                       proposed rule change. The text of these
                                               the public interest; (ii) for the protection               submissions should refer to File                      statements may be examined at the
                                               of investors; or (iii) otherwise in                        Number SR–NASDAQ–2017–113 and                         places specified in Item IV below. The
                                               furtherance of the purposes of the Act.                    should be submitted on or before                      Exchange has prepared summaries, set
                                               If the Commission takes such action, the                   November 29, 2017.                                    forth in sections A, B, and C below, of
                                               Commission shall institute proceedings                       For the Commission, by the Division of              the most significant aspects of such
                                               to determine whether the proposed rule                     Trading and Markets, pursuant to delegated            statements.
                                               should be approved or disapproved.                         authority.18
                                                                                                                                                                A. Self-Regulatory Organization’s
                                               IV. Solicitation of Comments                               Eduardo A. Aleman,                                    Statement of the Purpose of, and
                                                                                                          Assistant Secretary.                                  Statutory Basis for, the Proposed Rule
                                                 Interested persons are invited to
                                                                                                          [FR Doc. 2017–24254 Filed 11–7–17; 8:45 am]           Change
                                               submit written data, views, and
                                                                                                          BILLING CODE 8011–01–P
                                               arguments concerning the foregoing,                                                                              1. Purpose
                                               including whether the proposed rule
                                               change is consistent with the Act.                                                                                  The Exchange proposes to amend the
                                                                                                          SECURITIES AND EXCHANGE
                                               Comments may be submitted by any of                                                                              list of MIAX Select Symbols 3 contained
                                                                                                          COMMISSION
                                               the following methods:                                                                                           in the Priority Customer Rebate Program
                                                                                                          [Release No. 34–81998; File No. SR–MIAX–              (the ‘‘Program’’) 4 of the Exchange’s Fee
                                               Electronic Comments                                        2017–45]                                              Schedule to 1. delete the symbol
                                                 • Use the Commission’s Internet                                                                                ‘‘SUNE’’ associated with SunEdison,
                                               comment form (http://www.sec.gov/                          Self-Regulatory Organizations; Miami                  Inc. (‘‘SunEdison’’) and 2. replace the
                                               rules/sro.shtml); or                                       International Securities Exchange LLC;                symbol ‘‘BBRY’’ with ‘‘BB’’ associated
                                                 • Send an email to rule-comments@                        Notice of Filing and Immediate                        with BlackBerry Limited
                                               sec.gov. Please include File Number SR–                    Effectiveness of a Proposed Rule
                                                                                                                                                                (‘‘BlackBerry’’).
                                               NASDAQ–2017–113 on the subject line.                       Change To Amend Its Fee Schedule
                                                                                                                                                                   The Exchange initially created the list
                                               Paper Comments                                             November 2, 2017.                                     of MIAX Select Symbols on March 1,
                                                                                                             Pursuant to Section 19(b)(1) of the                2014,5 and has added and removed
                                                  • Send paper comments in triplicate                     Securities Exchange Act of 1934
                                               to Secretary, Securities and Exchange                                                                            option classes from that list since that
                                                                                                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               Commission, 100 F Street NE.,                              notice is hereby given that on October                  3 The term ‘‘MIAX Select Symbols’’ means
                                               Washington, DC 20549–1090.                                 30, 2017, Miami International Securities              options overlying AAL, AAPL, AIG, AMAT, AMD,
                                               All submissions should refer to File                       Exchange LLC (‘‘MIAX Options’’ or                     AMZN, BA, BABA, BBRY, BIDU, BP, C, CAT, CBS,
                                               Number SR–NASDAQ–2017–113. This                            ‘‘Exchange’’) filed with the Securities               CELG, CLF, CVX, DAL, EBAY, EEM, FB, FCX, GE,
                                               file number should be included on the                                                                            GILD, GLD, GM, GOOGL, GPRO, HAL, HTZ, INTC,
                                                                                                          and Exchange Commission                               IWM, JCP, JNJ, JPM, KMI, KO, MO, MRK, NFLX,
                                               subject line if email is used. To help the                 (‘‘Commission’’) the proposed rule
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                                                                                NOK, NQ, ORCL, PBR, PFE, PG, QCOM, QQQ, RIG,
                                               Commission process and review your                         change as described in Items I, II, and               S, SPY, SUNE, T, TSLA, USO, VALE, VXX, WBA,
                                               comments more efficiently, please use                      III below, which Items have been                      WFC, WMB, WY, X, XHB, XLE, XLF, XLP, XOM,
                                               only one method. The Commission will                                                                             and XOP.
                                                                                                          prepared by the Exchange. The                           4 See section 1)a)iii) of the Fee Schedule for a
                                               post all comments on the Commission’s                                                                            complete description of the Program.
                                               Internet Web site (http://www.sec.gov/                       18 17 CFR 200.30–3(a)(12).                            5 See Securities Exchange Act Release No. 71700
                                                                                                            1 15 U.S.C. 78s(b)(1).                              (March 12, 2014), 79 FR 15188 (March 18, 2014)
                                                 17 15   U.S.C. 78s(b)(3)(A)(ii).                           2 17 CFR 240.19b–4.                                 (SR–MIAX–2014–13).



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                                               51898                    Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices

                                               time.6 On April 26, 2016, the New York                  facilities, and 6(b)(5) of the Act,11 in that         terms that are not unfairly
                                               Stock Exchange announced that it was                    it is designed to prevent fraudulent and              discriminatory.
                                               delisting SunEdison since it was no                     manipulative acts and practices, to
                                                                                                                                                             B. Self-Regulatory Organization’s
                                               longer suitable for listing. SunEdison                  promote just and equitable principles of
                                                                                                                                                             Statement on Burden on Competition
                                               had announced on the same day that it                   trade, to foster cooperation and
                                               and certain of its domestic and                         coordination with persons engaged in                    The Exchange does not believe that
                                               international subsidiaries had filed                    facilitating transactions in securities, to           the proposed rule change will result in
                                               voluntary petitions for reorganization                  remove impediments to and perfect the                 any burden on competition that is not
                                               under Chapter 11 of the U.S.                            mechanisms of a free and open market                  necessary or appropriate in furtherance
                                               Bankruptcy Code.7                                       and a national market system and, in                  of the purposes of the Act. The
                                                  As a result, the Exchange delisted                   general, to protect investors and the                 proposed rule change is a not a
                                               SunEdison options. Accordingly, the                     public interest.                                      competitive filing but rather is designed
                                               Exchange is amending its Fee Schedule                      In particular, the proposal to delete              to update the list of MIAX Select
                                               to delete the symbol SUNE from the list                 the symbol SUNE from the list of MIAX                 Symbols contained in the Program in
                                               of MIAX Select Symbols contained in                     Select Symbols contained in the                       order to avoid potential confusion on
                                               the Program to correspond with the                      Program and to change the symbol from                 the part of market participants.
                                               delisting. This amendment is intended                   BBRY to BB is consistent with Section                 C. Self-Regulatory Organization’s
                                               to eliminate any potential confusion and                6(b)(4) of the Act because the proposed               Statement on Comments on the
                                               to make it clear to market participants                 changes will allow for continued benefit              Proposed Rule Change Received From
                                               that SunEdison will not be a MIAX                       to investors by providing them an                     Members, Participants, or Others
                                               Select Symbol contained in the Program                  updated list of MIAX Select Symbols
                                               as SunEdison options are no longer                                                                              Written comments were neither
                                                                                                       contained in the Program on the Fee                   solicited nor received.
                                               listed on the Exchange.                                 Schedule. In particular, the proposal to
                                                  BlackBerry recently announced that it                change the BlackBerry symbol to its new               III. Date of Effectiveness of the
                                               was transferring its listing from the                   designation is consistent with the Act                Proposed Rule Change and Timing for
                                               Nasdaq Global Select Market to the New                                                                        Commission Action
                                                                                                       because the proposed change is merely
                                               York Stock Exchange and, as a result,
                                                                                                       updating the corresponding symbol to                     The foregoing rule change has become
                                               BlackBerry changed its symbol from
                                                                                                       allow for BlackBerry to continue to                   effective pursuant to Section
                                               ‘‘BBRY’’ and is now trading under the
                                                                                                       remain in the MIAX Select Symbols.                    19(b)(3)(A)(ii) of the Act,13 and Rule
                                               new symbol ‘‘BB’’ effective October 16,
                                               2017.8 The Exchange is amending its                        The Exchange believes that the                     19b–4(f)(2) 14 thereunder. At any time
                                               Fee Schedule to change BlackBerry’s                     proposal to amend an option class that                within 60 days of the filing of the
                                               symbol in the MIAX Select Symbols                       qualifies for the credit for transactions             proposed rule change, the Commission
                                               from ‘‘BBRY’’ to ‘‘BB’’ to correspond                   in MIAX Select Symbols is fair,                       summarily may temporarily suspend
                                               with this change. This amendment is                     equitable and not unreasonably                        such rule change if it appears to the
                                               designed to ensure that there is no                     discriminatory. The Exchange believes                 Commission that such action is
                                               confusion amongst market participants                   that the Program itself is reasonably                 necessary or appropriate in the public
                                               that BlackBerry, under its new ticker,                  designed because it incentivizes                      interest, for the protection of investors,
                                               will continue to remain in the MIAX                     providers of Priority Customer 12 order               or otherwise in furtherance of the
                                               Selected Symbols.                                       flow to send that Priority Customer                   purposes of the Act. If the Commission
                                                                                                       order flow to the Exchange in order to                takes such action, the Commission shall
                                               2. Statutory Basis                                      receive a credit in a manner that enables             institute proceedings to determine
                                                  The Exchange believes that its                       the Exchange to improve its overall                   whether the proposed rule should be
                                               proposal to amend its fee schedule is                   competitiveness and strengthen its                    approved or disapproved.
                                               consistent with Section 6(b) of the Act 9               market quality for all market                         IV. Solicitation of Comments
                                               in general, and furthers the objectives of              participants. The Program, which
                                               Section 6(b)(4) of the Act,10 in that it is             provides increased incentives in certain                Interested persons are invited to
                                               an equitable allocation of reasonable                   tiers in high volume select symbols, is               submit written data, views, and
                                               fees and other charges among Exchange                   also reasonably designed to increase the              arguments concerning the foregoing,
                                               members and other persons using its                     competitiveness of the Exchange with                  including whether the proposed rule
                                                                                                       other options exchanges that also offer               change is consistent with the Act.
                                                  6 See Securities Exchange Act Release Nos. 8109      increased incentives to higher volume                 Comments may be submitted by any of
                                               (June 26, 2017), 82 FR 29962 (June 30, 2017) (SR–       symbols.                                              the following methods:
                                               MIAX–2017–29); 79301 (November 14, 2016), 81 FR
                                               81854 (November 18, 2016) (SR–MIAX–2016–42);               The Exchange also believes that its                Electronic Comments
                                               74291(February 18, 2015), 80 FR 9841 (February 24,      proposal is consistent with Section                     • Use the Commission’s Internet
                                               2015) (SR–MIAX–2015–09); 74288 (February 18,            6(b)(5) of the Act because it will apply              comment form (http://www.sec.gov/
                                               2015), 80 FR 9837 (February 24, 2015) (SR–MIAX–         equally to all Priority Customer orders
                                               2015–08); 73328 (October 9, 2014), 79 FR 62230                                                                rules/sro.shtml); or
                                               (October 16, 2014) (SR–MIAX–2014–50); 72567             in MIAX Select Symbols in the Program.                  • Send an email to rule-comments@
                                               (July 8, 2014), 79 FR 40818 (July 14, 2014) (SR–        All similarly situated Priority Customer              sec.gov. Please include File Number SR–
                                               MIAX–2014–34); 72356 (June 10, 2014), 79 FR             orders in MIAX Select Symbols are
                                               34384 (June 16, 2014) (SR–MIAX–2014–26); 71700                                                                MIAX–2017–45 on the subject line.
                                               (March 12, 2014), 79 FR 15188 (March 18, 2014)
                                                                                                       subject to the same rebate schedule, and
                                               (SR–MIAX–2014–13).                                      access to the Exchange is offered on                  Paper Comments
ethrower on DSK3G9T082PROD with NOTICES




                                                  7 See the press release located at http://
                                                                                                                                                               • Send paper comments in triplicate
                                               ir.theice.com/press/press-releases/nyse-regulation/       11 15 U.S.C. 78f(b)(1) and (b)(5).                  to Brent J. Fields, Secretary, Securities
                                               2016/042116suspensionrelease.                             12 The  term ‘‘Priority Customer’’ means a person
                                                  8 See the press release located at https://
                                                                                                                                                             and Exchange Commission, 100 F Street
                                                                                                       or entity that 1. is not a broker or dealer in
                                               us.blackberry.com/company/newsroom/                     securities, and 2. does not place more than 390
                                                                                                                                                             NE., Washington, DC 20549–1090.
                                               press?id=21b4315.                                       orders in listed options per day on average during
                                                  9 15 U.S.C. 78f(b).                                                                                          13 15   U.S.C. 78s(b)(3)(A)(ii).
                                                                                                       a calendar month for its own beneficial account(s).
                                                  10 15 U.S.C. 78f(b)(4).                              See Exchange Rule 100.                                  14 17   CFR 240.19b–4(f)(2).



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                                                                        Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices                                                    51899

                                               All submissions should refer to File                    notice is hereby given that on October                commenced, an Auction may not be
                                               Number SR–MIAX–2017–45. This file                       26, 2017, Nasdaq PHLX LLC (‘‘Phlx’’ or                cancelled and would proceed as
                                               number should be included on the                        ‘‘Exchange’’) filed with the Securities               described herein. To initiate the
                                               subject line if email is used. To help the              and Exchange Commission (‘‘SEC’’ or                   Auction, the Initiating Member must
                                               Commission process and review your                      ‘‘Commission’’) the proposed rule                     mark the PIXL Order for Auction
                                               comments more efficiently, please use                   change as described in Items I, II, and               processing, and specify either: (a) A
                                               only one method. The Commission will                    III, below, which Items have been                     single price at which it seeks to execute
                                               post all comments on the Commission’s                   prepared by the Exchange. The                         the PIXL Order (a ‘‘stop price’’); (b) that
                                               Internet Web site (http://www.sec.gov/                  Commission is publishing this notice to               it is willing to automatically match as
                                               rules/sro.shtml). Copies of the                         solicit comments on the proposed rule                 principal or as agent on behalf of an
                                               submission, all subsequent                              change from interested persons.                       Initiating Order the price and size of all
                                               amendments, all written statements
                                                                                                       I. Self-Regulatory Organization’s                     PIXL Auction Notifications (‘‘PAN’’)
                                               with respect to the proposed rule
                                                                                                       Statement of the Terms of Substance of                responses, and trading interest (‘‘auto-
                                               change that are filed with the
                                                                                                       the Proposed Rule Change                              match’’) in which case the PIXL Order
                                               Commission, and all written
                                               communications relating to the                             The Exchange proposes to amend                     will be stopped at the better of the
                                               proposed rule change between the                        Rule 1080(n) related to Phlx’s Price                  NBBO or the Reference BBO 3 on the
                                               Commission and any person, other than                   Improvement XL (‘‘PIXL’’) auction.                    Initiating Order side; 4 or (c) that it is
                                               those that may be withheld from the                        The text of the proposed rule change               willing to either: (i) Stop the entire
                                               public in accordance with the                           is available on the Exchange’s Web site               order at a single stop price and auto-
                                               provisions of 5 U.S.C. 552, will be                     at http://nasdaqphlx.cchwallstreet.com/               match PAN responses and trading
                                               available for Web site viewing and                      , at the principal office of the Exchange,            interest at a price or prices that improve
                                               printing in the Commission’s Public                     and at the Commission’s Public                        the stop price to a specified price (a ‘‘No
                                               Reference Room, 100 F Street NE.,                       Reference Room.                                       Worse Than’’ or ‘‘NWT’’ price); (ii) stop
                                               Washington, DC 20549, on official                       II. Self-Regulatory Organization’s                    the entire order at a single stop price
                                               business days between the hours of                      Statement of the Purpose of, and                      and auto-match all PAN responses and
                                               10:00 a.m. and 3:00 p.m. Copies of the                  Statutory Basis for, the Proposed Rule                trading interest at or better than the stop
                                               filing also will be available for                       Change                                                price; or (iii) stop the entire order at the
                                               inspection and copying at the principal                                                                       better of the NBBO or Reference BBO on
                                               office of the Exchange. All comments                       In its filing with the Commission, the
                                                                                                       Exchange included statements                          the Initiating Order side, and auto-
                                               received will be posted without change.                                                                       match PAN responses and trading
                                               Persons submitting comments are                         concerning the purpose of and basis for
                                                                                                       the proposed rule change and discussed                interest at a price or prices that improve
                                               cautioned that we do not redact or edit                                                                       the stop price up to the NWT price. In
                                               personal identifying information from                   any comments it received on the
                                                                                                       proposed rule change. The text of these               all cases, if the PBBO on the same side
                                               comment submissions. You should                                                                               of the market as the PIXL Order
                                               submit only information that you wish                   statements may be examined at the
                                                                                                       places specified in Item IV below. The                represents a limit order on the book, the
                                               to make available publicly. All                                                                               stop price must be at least one
                                               submissions should refer to File                        Exchange has prepared summaries, set
                                                                                                       forth in sections A, B, and C below, of               minimum price improvement increment
                                               Number SR–MIAX–2017–45 and should
                                                                                                       the most significant aspects of such                  better than the booked limit order’s
                                               be submitted on or before November 29,
                                               2017.                                                   statements.                                           limit price. Once the Initiating Member
                                                                                                                                                             has submitted a PIXL Order for
                                                 For the Commission, by the Division of                A. Self-Regulatory Organization’s                     processing as described herein, such
                                               Trading and Markets, pursuant to delegated              Statement of the Purpose of, and
                                               authority.15                                                                                                  PIXL Order may not be modified or
                                                                                                       Statutory Basis for, the Proposed Rule
                                               Eduardo A. Aleman,
                                                                                                                                                             cancelled.5
                                                                                                       Change
                                               Assistant Secretary.                                                                                          Proposed PIXL Amendment
                                                                                                       1. Purpose
                                               [FR Doc. 2017–24252 Filed 11–7–17; 8:45 am]
                                               BILLING CODE 8011–01–P
                                                                                                          The Exchange proposes to amend the                    At this time, the Exchange proposes to
                                                                                                       PIXL rule at 1080(n) to: 1. Include a                 add a paragraph to Rule
                                                                                                       surrender provision; 2. update a                      1080(n)(ii)(A)(1) stating that, when
                                               SECURITIES AND EXCHANGE                                 reference to the NBBO to provide                      starting an Auction, the Initiating
                                               COMMISSION                                              specificity to the rule; and 3. correct a             Member may submit the Initiating Order
                                                                                                       typographical error, update a cross-                  with a designation of ‘‘surrender’’ to
                                               [Release No. 34–81999; File No. SR–Phlx–                reference and relocate rule text.
                                               2017–85]                                                                                                      other PIXL participants (‘‘Surrender’’),
                                                                                                       Surrender                                             which will result in the Initiating
                                               Self-Regulatory Organizations; Nasdaq                                                                         Member forfeiting priority and trade
                                                                                                         The Exchange proposes to adopt a
                                               PHLX LLC; Notice of Filing and                                                                                allocation privileges which he or she is
                                                                                                       surrender provision within Rule 1080(n)
                                               Immediate Effectiveness of Proposed                                                                           otherwise entitled to as per subsection
                                                                                                       for its PIXL auction similar to the
                                               Rule Change To Amend the Price
                                                                                                       surrender provision that is applicable to
                                               Improvement XL Auction                                                                                           3 The Reference BBO shall mean the internal best
                                                                                                       Nasdaq BX, Inc.’s (‘‘BX’’) surrender                  bid and offer on Phlx.
                                               November 2, 2017.                                       provision in the BX price improvement
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                                                                                4 This is accomplished by marking the Initiating

                                                  Pursuant to Section 19(b)(1) of the                  auction (‘‘PRISM’’) at Chapter VI,                    Order with a market price.
                                               Securities Exchange Act of 1934                         Section 9.                                               5 Under no circumstances will the Initiating

                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                       Member receive an allocation percentage, at the
                                                                                                       Current PIXL                                          final price point, of more than 50% with one
                                                                                                                                                             competing quote, order or PAN response or 40%
                                                 15 17 CFR 200.30–3(a)(12).                               By way of background, today, only                  with multiple competing quotes, orders or PAN
                                                 1 15 U.S.C. 78s(b)(1).                                one PIXL Auction may be conducted at                  responses when competing quotes, orders or PAN
                                                 2 17 CFR 240.19b–4.                                   a time in any given series. Once                      responses have contracts available for execution.



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Document Created: 2017-11-08 01:20:59
Document Modified: 2017-11-08 01:20:59
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 51897 

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