82_FR_58033 82 FR 57799 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX PEARL Rules 517A, Aggregate Risk Manager for EEMs (“ARM-E”), and 517B, Aggregate Risk Manager for Market Makers (“ARM-M”)

82 FR 57799 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX PEARL Rules 517A, Aggregate Risk Manager for EEMs (“ARM-E”), and 517B, Aggregate Risk Manager for Market Makers (“ARM-M”)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 234 (December 7, 2017)

Page Range57799-57803
FR Document2017-26321

Federal Register, Volume 82 Issue 234 (Thursday, December 7, 2017)
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57799-57803]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26321]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82197; File No. SR-PEARL-2017-37]


Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX 
PEARL Rules 517A, Aggregate Risk Manager for EEMs (``ARM-E''), and 
517B, Aggregate Risk Manager for Market Makers (``ARM-M'')

December 1, 2017.
    Pursuant to the provisions of Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4

[[Page 57800]]

thereunder,\2\ notice is hereby given that on November 28, 2017, MIAX 
PEARL, LLC (``MIAX PEARL'' or ``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 proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rules 517A, 
Aggregate Risk Manager for EEMs (``ARM-E''), and 517B, Aggregate Risk 
Manager for Market Makers (``ARM-M'').
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/rule-filings/pearl at MIAX 
PEARL's principal office, and at the Commission's Public Reference 
Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 517A, ARM-E, to add 
additional detail to subsection (b), and to adopt new rule text in 
Interpretations and Policies .01, to state that immediate-or-cancel 
(``IOC'') Orders \3\ are not EEM ARM Eligible Orders.\4\ The Exchange 
also proposes to amend Exchange Rule 517B, ARM-M, to add additional 
detail to subsection (b), and to adopt new rule text in Interpretations 
and Policies .02, to state that immediate-or-cancel (``IOC'') Orders 
are not MM ARM Eligible Orders.\5\
---------------------------------------------------------------------------

    \3\ An immediate-or-cancel order is an order that is to be 
executed in whole or in part upon receipt. Any portion not so 
executed is cancelled. See Exchange Rule 516(e).
    \4\ See Exchange Rule 517A(a).
    \5\ See Exchange Rule 517B(a).
---------------------------------------------------------------------------

ARM-E
    ARM-E protects MIAX PEARL Electronic Exchange Members (``EEMs'') 
\6\ and assists them in managing risk by maintaining a counting program 
(``EEM Counting Program'') \7\ for each participating EEM who has 
submitted an order in an EEM Specified Option Class \8\ using a 
specified market participant identifier (``MPID'') \9\ of the EEM and 
delivered via the MEO Interface \10\ (an ``EEM ARM Eligible Order''). 
The EEM Counting Program counts the number of contracts executed by an 
EEM from an EEM ARM Eligible Order (the ``EEM ARM Contracts'') within a 
specified time period that has been established by the EEM (the ``EEM 
Specified Time Period'').\11\ The EEM Specified Time Period cannot 
exceed 15 seconds.\12\ The Exchange currently provides that contracts 
executed as a result of an immediate-or-cancel (``IOC'') order 
submitted by such EEM are not included in a specific EEM's EEM Counting 
Program.\13\
---------------------------------------------------------------------------

    \6\ The term ``Electronic Exchange Member'' or ``EEM'' means the 
holder of a Trading Permit who is a Member representing as agent 
Public Customer Orders or Non-Customer Orders on the Exchange and 
those non-Market Maker Members conducting proprietary trading. 
Electronic Exchange Members are deemed ``members'' under the 
Exchange Act. See Exchange Rule 100.
    \7\ See Exchange Rule 517A(a).
    \8\ An ``EEM Specified Option Class'' is a class which the EEM 
has designated as a class to be protected via ARM-E. See Exchange 
Rule 517A(a).
    \9\ The term ``MPID'' means unique market participant 
identifier. See Exchange Rule 100.
    \10\ The term ``MEO Interface'' means a binary order interface 
used for submitting certain order types (as set forth in Rule 516) 
to the MIAX PEARL System. See Exchange Rule 100.
    \11\ See Exchange Rule 517A(a).
    \12\ Id.
    \13\ See Exchange Rule 517A, Interpretations and Policies .01.
---------------------------------------------------------------------------

    The EEM may also establish for each EEM Specified Option Class an 
EEM Allowable Engagement Percentage (the ``EEM Allowable Engagement 
Percentage''),\14\ which is a number of contracts, divided by the size 
of the orders, executed within the Specified Time Period, equal to or 
over which the ARM-E will be triggered. When an execution of an EEM ARM 
Contract from an EEM ARM Eligible Order occurs, the System \15\ will 
look back over the EEM Specified Time Period to determine whether the 
sum of contract executions from such EEM ARM Eligible Order during such 
EEM Specified Time Period triggers the ARM-E.\16\
---------------------------------------------------------------------------

    \14\ See Exchange Rule 517A(c).
    \15\ The term ``System'' means the automated trading system used 
by the Exchange for the trading of securities. See Exchange Rule 
100.
    \16\ See Exchange Rule 517A(c).
---------------------------------------------------------------------------

    The System will engage the ARM-E in a particular EEM Specified 
Option Class when the EEM Counting Program has determined that an EEM 
has executed during the EEM Specified Time Period a number of EEM ARM 
Contracts from an EEM ARM Eligible Order equal to or above their EEM 
Allowable Engagement Percentage. ARM-E will then, until the EEM sends a 
notification to the System of the intent to reengage and submits a new 
order in the EEM Specified Option Class: (i) Automatically cancel the 
EEM ARM Eligible Orders in all series of that particular EEM Specified 
Option Class and (ii) reject new orders by the EEM in all series of 
that particular EEM Specified Option Class submitted using the MEO 
Interface.\17\
---------------------------------------------------------------------------

    \17\ See Exchange Rule 517A(b).
---------------------------------------------------------------------------

    The Exchange now proposes to allow EEMs to submit orders with a 
time in force of immediate-or-cancel to the Exchange during the time 
that the ARM-E is engaged by amending Interpretations and Policies .01 
to adopt new rule text to state, ``[i]mmediate-or-Cancel (``IOC'') 
Orders submitted by an EEM using the MEO Interface are not EEM ARM 
Eligible Orders.'' The Exchange also proposes to remove the existing 
text in Interpretations and Policies .01 in its entirety which states, 
``[t]he System does not include in a specific EEM's EEM Counting 
Program contacts executed as a result of an immediate-or-cancel 
(``IOC'') order submitted by such EEM.'' By adopting text that 
explicitly states that IOC orders submitted by an EEM using the MEO 
Interface are not EEM ARM Eligible Orders, there is no longer a need to 
indicate that contracts executed as a result of an IOC order submitted 
by an EEM are not included in the Counting Program, as only EEM ARM 
Eligible Orders will be included in the EEM Counting Program.
    Additionally, Rule 517A(b) provides that when the ARM-E is engaged, 
the System will, (i) automatically cancel the EEM ARM Eligible Orders 
in all series of that particular EEM Specified Option Class and (ii) 
reject new orders by the EEM in all series of that particular EEM 
Specified Option Class submitted using the MEO Interface. The Exchange 
now proposes to amend subsection (b)(ii) to state that the System will 
reject EEM ARM Eligible Orders submitted by the EEM, thereby allowing 
IOC orders to be submitted to the Exchange for trading when ARM-E is 
engaged.

[[Page 57801]]

ARM-M
    ARM-M protects MIAX PEARL Market Makers \18\ and assists them in 
managing risk by maintaining a counting program (``MM Counting 
Program'') for each Market Maker who has submitted an order in an 
option class (an ``MM Option Class'') delivered via the MEO Interface 
(an ``MM ARM Eligible Order'').\19\ The MM Counting Program counts the 
number of contracts executed by a Market Maker from an MM ARM Eligible 
Order (the ``MM ARM Contracts'') within a specified time period that 
has been established by the Market Maker or as a default setting, as 
defined below (the ``MM Specified Time Period'').\20\ The MM Specified 
Time Period cannot exceed 15 seconds whether established by the Market 
Maker or as a default setting.\21\ The Exchange currently provides that 
contracts executed as a result of an immediate-or-cancel (``IOC'') 
order submitted by such MM are not included in a specific MM's MM 
Counting Program.\22\
---------------------------------------------------------------------------

    \18\ The term ``Market Maker'' or ``MM'' means a Member 
registered with the Exchange for the purpose of making markets in 
options contracts traded on the Exchange and that is vested with the 
rights and responsibilities specified in Chapter VI of the MIAX 
PEARL Rules. See Exchange Rule 100.
    \19\ See Exchange Rule 517B(a).
    \20\ Id.
    \21\ Id.
    \22\ See Exchange Rule 517B, Interpretations and Policies .02.
---------------------------------------------------------------------------

    The Market Maker may also establish for each MM Option Class an MM 
Allowable Engagement Percentage. When an execution of an MM ARM 
Contract from an MM ARM Eligible Order occurs, the System will look 
back over the MM Specified Time Period to determine whether the sum of 
contract executions from such MM ARM Eligible Order during such MM 
Specified Time Period triggers the ARM-M.\23\
---------------------------------------------------------------------------

    \23\ See Exchange Rule 517B(c).
---------------------------------------------------------------------------

    The System will engage the ARM-M in a particular MM Option Class 
when the MM Counting Program has determined that a Market Maker has 
executed during the MM Specified Time Period a number of MM ARM 
Contracts from an MM ARM Eligible Order equal to or above their MM 
Allowable Engagement Percentage. The ARM-M will then, until the Market 
Maker sends a notification to the System of the intent to reengage and 
submits a new order in the MM Option Class: (i) Automatically cancel 
the MM ARM Eligible Orders in all series of that particular MM Option 
Class and (ii) reject new orders by the Market Maker in all series of 
that particular MM Option Class submitted using the MEO Interface.\24\
---------------------------------------------------------------------------

    \24\ See Exchange Rule 517B(b).
---------------------------------------------------------------------------

    The Exchange now proposes to allow Market Makers to submit orders 
with a time in force of immediate-or-cancel to the Exchange during the 
time that the ARM-M is engaged by amending Interpretations and Policies 
.02 to state, ``[i]mmediate-or-Cancel (``IOC'') Orders submitted by a 
Market Maker using the MEO Interface are not MM ARM Eligible Orders.'' 
The Exchange also proposes to remove the existing text in 
Interpretations and Policies .02 in its entirety which states, ``[t]he 
System does not include in a specific MM's MM Counting Program contacts 
executed as a result of an immediate-or-cancel (``IOC'') order 
submitted by such MM.'' By adopting text that explicitly states that 
IOC orders submitted by a Market Maker using the MEO Interface are not 
MM ARM Eligible Orders, there is no longer a need to indicate contracts 
executed as a result of an IOC order submitted by a Market Maker are 
not included in the Counting Program, as only MM ARM Eligible Orders 
will be included in the MM Counting Program.
    Additionally, Rule 517B(b) provides that when the ARM-M is engaged, 
the System will (i) automatically cancel the MM ARM Eligible Orders in 
all series of that particular MM Option Class and (ii) reject new 
orders by the Market Maker in all series of that particular MM Option 
Class submitted using the MEO Interface. The Exchange now proposes to 
amend subsection (b)(ii) to state that the System will reject new MM 
ARM Eligible Orders submitted by the Market Maker, thereby allowing IOC 
orders to be submitted to the Exchange for trading when ARM-M is 
engaged.
    ARM-E and ARM-M are designed to mitigate the exposure risk of 
resting orders on the Exchange. In the Exchange's experience an IOC 
order is an order that is designed to target specific, identifiable 
liquidity resting on the Book \25\ that the entering Member desires to 
trade with. Thus, a Member entering an IOC order does not require the 
risk management protection of either the ARM-E or ARM-M, as the Member 
entering the IOC order has made an affirmative decision to attempt to 
execute that transaction. The Exchange believes Members should not be 
prevented from submitting these types of orders to the Exchange during 
the time that the Aggregate Risk Manager is engaged as contracts 
executed using these types of orders are not included in either the EEM 
or MM Counting Program.\26\
---------------------------------------------------------------------------

    \25\ The term ``Book'' means the electronic book of buy and sell 
orders and quotes maintained by the System. See Exchange Rule 100.
    \26\ See supra note 11 and 19.
---------------------------------------------------------------------------

    The Exchange believes this proposal will allow Members to continue 
to be protected from the risks that the Aggregate Risk Manager is 
designed to mitigate, and also allow Members to continue to submit 
certain orders which Members desire to submit even during the time that 
the Aggregate Risk Manager is engaged. The Exchange believes allowing 
Members the ability to send IOC orders to the Exchange will improve 
liquidity and order execution on the Exchange.
    The Exchange notes that the proposed rule change is similar to a 
rule that is currently operative on the Exchange's affiliate, MIAX 
Options Exchange (``MIAX Options''). Specifically, Interpretations and 
Policies .01 to MIAX Options Rule 612, Aggregate Risk Manager, states 
that eQuotes \27\ will remain in the System available for trading when 
the Aggregate Risk Manager is engaged. IOC Orders on MIAX PEARL are 
analogous to eQuotes on MIAX Options as eQuotes also have limited time-
in-force durations. For example, eQuotes on MIAX Options \28\ may be 
Auction or Cancel (``AOC''),\29\ Opening Only (``OPG''),\30\ Immediate 
or Cancel (``IOC''),\31\ or Fill or Kill (``FOK'').\32\ MIAX PEARL and 
MIAX

[[Page 57802]]

Options have a number of common Members and where feasible the Exchange 
strives to provide consistency between the markets so as to avoid 
confusion among Members.
---------------------------------------------------------------------------

    \27\ An eQuote is a quote with a specific time in force that 
does not automatically cancel and replace a previous Standard quote 
or eQuote. An eQuote can be cancelled by the Market Maker at any 
time, or can be replaced by another eQuote that contains specific 
instructions to cancel an existing eQuote. See MIAX Options Exchange 
Rule 517(a)(2).
    \28\ MIAX Options provides for a Day eQuote in its rules, 
however this type of eQuote has not yet been enabled for trading on 
the MIAX Options Exchange. See MIAX Options Exchange Rule 517(a)(i).
    \29\ An Auction or Cancel or ``AOC'' eQuote is a quote submitted 
by a Market Maker to provide liquidity in a specific Exchange 
process . . . with a time in force that corresponds with the 
duration of that event and will automatically expire at the end of 
that event. See MIAX Options Exchange Rule 517(a)(2)(ii). The 
Exchange notes the current length of an auction on MIAX Options is 
100 milliseconds and that the duration of an auction may be no less 
than 100 milliseconds and no more than 1 second. See MIAX Options 
Exchange Rule 515A(a)(2)(i)(C).
    \30\ An opening only or ``OPG'' eQuote is a quote that can be 
submitted by a Market Maker only during the Opening . . . OPG 
eQuotes will automatically expire at the end of the Opening Process. 
See MIAX Options Exchange Rule 517(a)(2)(iii).
    \31\ An immediate or cancel or ``IOC'' eQuote is an eQuote 
submitted by a Market Maker that must be matched with another quote 
or order for an execution in whole or in part upon receipt into the 
System. Any portion of the IOC eQuote not executed will be 
immediately canceled. See MIAX Options Exchange Rule 517(a)(2)(iv).
    \32\ A fill or kill or ``FOK'' eQuote is an eQuote submitted by 
a Market Maker that must be matched with another quote or order for 
an execution in its entirety at a single price upon receipt into the 
System or will be immediately cancelled. See MIAX Options Exchange 
Rule 517(a)(a)(v).
---------------------------------------------------------------------------

    The Exchange will announce the implementation date of the proposed 
rule change by Regulatory Circular to be published no later than 60 
days following the operative date of the proposed rule. The 
implementation date will be no later than 60 days following the 
issuance of the Regulatory Circular.
2. Statutory Basis
    MIAX PEARL believes that its proposed rule change is consistent 
with Section 6(b) of the Act \33\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \34\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in, securities, to remove impediments to and 
perfect the mechanisms of a free and open market and a national market 
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78f(b).
    \34\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that its proposal would promote just and 
equitable principles of trade by permitting Members to use an order 
type that is not an ARM Eligible Order during the time that the ARM is 
engaged. Additionally, the Exchange believes this proposal will promote 
just and equitable principles of trade by allowing Members to continue 
to be protected from the risks that the Aggregate Risk Manager is 
designed to mitigate, and also allow Members to continue to submit 
certain orders which Members desire to submit even during the time the 
Aggregate Risk Manager is engaged. ARM-E and ARM-M are designed to 
mitigate the exposure risk of resting orders. An IOC order is an order 
that is designed to target specific, identifiable liquidity resting on 
the Book that the entering Member desires to trade with and thus the 
Member entering the IOC order does not require the risk management 
protection of either the ARM-E or ARM-M, as the Member entering the IOC 
order has made an affirmative decision to attempt to execute that 
transaction. Therefore, the Exchange believes Members should not be 
prevented from submitting these types of Orders to the Exchange during 
the time that the Aggregate Risk Manager is engaged. The Exchange 
believes allowing Members the ability to send IOC orders to the 
Exchange while the Aggregate Risk Manager is engaged promotes just and 
equitable principles of trade by improving liquidity and order 
execution on the Exchange.
    The Exchange believes its proposal will result in increased 
liquidity on the Exchange which will contribute to the operation of a 
fair and orderly market. The proposed treatment of IOC orders during 
the time that the ARM is engaged is substantially similar to the 
treatment of eQuotes on the Exchange's affiliate, MIAX Options.\35\
---------------------------------------------------------------------------

    \35\ See MIAX Options Rule 612, Interpretations and Policies 
.01.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes that 
the proposed rule change will foster competition on the Exchange by 
providing EEMs and Market Makers with the ability to submit IOC orders 
during the time that the ARM is engaged and compete for executions.
    The Exchange does not believe the proposed rule change will impact 
inter-market competition as the proposal is not designed to address 
competitive issue and is limited in scope to the behavior of Members of 
the Exchange.
    For the reasons stated, the Exchange does not believe that the 
proposed rule change will impose any burden on competition not 
necessary or appropriate in furtherance of the purposes of the Act, and 
believes the proposed change will enhance competition.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate, it has become effective 
pursuant to 19(b)(3)(A) of the Act \36\ and Rule 19b-4(f)(6) \37\ 
thereunder.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78s(b)(3)(A).
    \37\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-PEARL-2017-37 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-PEARL-2017-37. 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

[[Page 57803]]

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 react 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-
PEARL-2017-37 and should be submitted on or before December 28, 2017.
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\38\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-26321 Filed 12-6-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices                                                 57799

                                                deadline for same-day settling                          competition. Post-implementation of the                comments more efficiently, please use
                                                instructions with the deadline for other                accelerated trade guaranty,32 NSCC no                  only one method. The Commission will
                                                same-day settling non-ETF activity and                  longer processes next-day settling                     post all comments on the Commission’s
                                                streamline the processing of same-day                   instructions differently than other                    Internet Web site (http://www.sec.gov/
                                                settling items for NSCC and its                         instructions when they are submitted to                rules/sro.shtml). Copies of the
                                                Members.                                                NSCC. As such, NSCC believes that                      submission, all subsequent
                                                   At the same time, NSCC believes that                 deleting this repetitive language would                amendments, all written statements
                                                allowing instructions for same-day                      promote clarity and accuracy and enable                with respect to the proposed rule
                                                settlement that are received by NSCC by                 Members to readily understand how                      change that are filed with the
                                                the designated cut-off time may impose                  such instructions are processed when                   Commission, and all written
                                                a burden on competition because ETF                     submitted to NSCC.                                     communications relating to the
                                                agents and ETF sponsors (and third                                                                             proposed rule change between the
                                                party service providers they use) may                   (C) Clearing Agency’s Statement on
                                                                                                                                                               Commission and any person, other than
                                                have to make coding changes; these                      Comments on the Proposed Rule
                                                                                                                                                               those that may be withheld from the
                                                potential coding changes would be                       Change Received From Members,
                                                                                                                                                               public in accordance with the
                                                different than the coding changes                       Participants, or Others
                                                                                                                                                               provisions of 5 U.S.C. 552, will be
                                                related to the enhanced input and                         NSCC has not received or solicited                   available for Web site viewing and
                                                output files described above. However,                  any written comments relating to this                  printing in the Commission’s Public
                                                NSCC believes that any burden on                        proposal. NSCC will notify the                         Reference Room, 100 F Street NE.,
                                                competition that may result from this                   Commission of any written comments                     Washington, DC 20549 on official
                                                proposed change would be necessary                      received by NSCC.                                      business days between the hours of
                                                and appropriate in furtherance of the                                                                          10:00 a.m. and 3:00 p.m. Copies of the
                                                Act.29 As described above, under the                    III. Date of Effectiveness of the
                                                                                                        Proposed Rule Change, and Timing for                   filing also will be available for
                                                proposal, NSCC would be able to                                                                                inspection and copying at the principal
                                                receive creation and redemption                         Commission Action
                                                                                                                                                               office of NSCC and on DTCC’s Web site
                                                instructions for same-day settlement                       Within 45 days of the date of                       (http://dtcc.com/legal/sec-rule-
                                                until the designated cut-off time of                    publication of this notice in the Federal              filings.aspx). All comments received
                                                11:30 a.m. ET. NSCC believes this                       Register or within such longer period                  will be posted without change. Persons
                                                proposed change would be necessary in                   up to 90 days (i) as the Commission may                submitting comments are cautioned that
                                                furtherance of the Act because it would                 designate if it finds such longer period               we do not redact or edit personal
                                                allow NSCC to align this deadline for                   to be appropriate and publishes its                    identifying information from comment
                                                same-day settling instructions with the                 reasons for so finding or (ii) as to which             submissions. You should submit only
                                                deadline for other same-day settling                    the self-regulatory organization                       information that you wish to make
                                                non-ETF activity and would streamline                   consents, the Commission will:                         available publicly. All submissions
                                                the processing of same-day settling                        (A) By order approve or disapprove                  should refer to File Number SR–NSCC–
                                                items for both NSCC and its Members.30                  such proposed rule change, or                          2017–019 and should be submitted on
                                                Furthermore, NSCC believes this                            (B) institute proceedings to determine              or before December 28, 2017.
                                                proposed change would be appropriate                    whether the proposed rule change
                                                in furtherance of the Act because any                   should be disapproved.                                   For the Commission, by the Division of
                                                same-day settling instructions that are                                                                        Trading and Markets, pursuant to delegated
                                                not received by the designated cut-off                  IV. Solicitation of Comments                           authority.33
                                                time could still be settled outside of                    Interested persons are invited to                    Eduardo A. Aleman,
                                                NSCC (which is what happens today).                     submit written data, views and                         Assistant Secretary.
                                                Because same-day settling instructions                  arguments concerning the foregoing,                    [FR Doc. 2017–26319 Filed 12–6–17; 8:45 am]
                                                that are received after the deadline                    including whether the proposed rule                    BILLING CODE 8011–01–P
                                                would not be assigned a new settlement                  change is consistent with the Act.
                                                date under the proposal, Members                        Comments may be submitted by any of
                                                would still be able to settle these same-               the following methods:                                 SECURITIES AND EXCHANGE
                                                day settling instructions that day,                                                                            COMMISSION
                                                                                                        Electronic Comments
                                                outside of NSCC. Therefore, NSCC
                                                believes that any burden on competition                   • Use the Commission’s Internet                      [Release No. 34–82197; File No. SR–
                                                derived from the proposed change to                     comment form (http://www.sec.gov/                      PEARL–2017–37]
                                                allow instructions for same-day                         rules/sro.shtml); or
                                                settlement that are received by NSCC by                   • Send an email to rule-comments@                    Self-Regulatory Organizations; MIAX
                                                the designated cut-off time would be                    sec.gov. Please include File Number SR–                PEARL, LLC; Notice of Filing and
                                                necessary and appropriate as permitted                  NSCC–2017–019 on the subject line.                     Immediate Effectiveness of a Proposed
                                                by Section 17A(b)(3)(I) of the Act.31                                                                          Rule Change To Amend MIAX PEARL
                                                                                                        Paper Comments
                                                   In addition, regarding next-day                                                                             Rules 517A, Aggregate Risk Manager
                                                settling creates and redeems, NSCC                        • Send paper comments in triplicate                  for EEMs (‘‘ARM–E’’), and 517B,
                                                believes that the proposed technical                    to Secretary, Securities and Exchange                  Aggregate Risk Manager for Market
                                                correction to remove the language                       Commission, 100 F Street NE.,                          Makers (‘‘ARM–M’’)
                                                                                                        Washington, DC 20549.
sradovich on DSK3GMQ082PROD with NOTICES




                                                stating that next-day settling creates and                                                                     December 1, 2017.
                                                redeems are required to be submitted by                 All submissions should refer to File
                                                such cut-off time on T would not have                   Number SR–NSCC–2017–019. This file                       Pursuant to the provisions of Section
                                                any impact or impose any burden on                      number should be included on the                       19(b)(1) of the Securities Exchange Act
                                                                                                        subject line if email is used. To help the             of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                  29 15 U.S.C. 78q–1(b)(3)(I).                          Commission process and review your
                                                  30 Supra note 10.                                                                                              33 17   CFR 200.30–3(a)(12).
                                                  31 15 U.S.C. 78q–1(b)(3)(I).                            32 Supra   note 12.                                    1 15   U.S.C. 78s(b)(1).



                                           VerDate Sep<11>2014   18:50 Dec 06, 2017   Jkt 244001   PO 00000   Frm 00097    Fmt 4703   Sfmt 4703   E:\FR\FM\07DEN1.SGM    07DEN1


                                                57800                      Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices

                                                thereunder,2 notice is hereby given that                (‘‘IOC’’) Orders are not MM ARM                    Eligible Order during such EEM
                                                on November 28, 2017, MIAX PEARL,                       Eligible Orders.5                                  Specified Time Period triggers the
                                                LLC (‘‘MIAX PEARL’’ or ‘‘Exchange’’)                                                                       ARM–E.16
                                                                                                        ARM–E
                                                filed with the Securities and Exchange                                                                        The System will engage the ARM–E in
                                                Commission (‘‘Commission’’) a                               ARM–E protects MIAX PEARL                      a particular EEM Specified Option Class
                                                proposed rule change as described in                    Electronic Exchange Members                        when the EEM Counting Program has
                                                Items I, II, and III below, which Items                 (‘‘EEMs’’) 6 and assists them in                   determined that an EEM has executed
                                                have been prepared by the Exchange.                     managing risk by maintaining a                     during the EEM Specified Time Period
                                                The Commission is publishing this                       counting program (‘‘EEM Counting                   a number of EEM ARM Contracts from
                                                notice to solicit comments on the                       Program’’) 7 for each participating EEM            an EEM ARM Eligible Order equal to or
                                                proposed rule change from interested                    who has submitted an order in an EEM               above their EEM Allowable Engagement
                                                persons.                                                Specified Option Class using a 8
                                                                                                                                                           Percentage. ARM–E will then, until the
                                                                                                        specified market participant identifier            EEM sends a notification to the System
                                                I. Self-Regulatory Organization’s                       (‘‘MPID’’) of the EEM and delivered via of the intent to reengage and submits a
                                                                                                                      9
                                                Statement of the Terms of Substance of                  the MEO Interface 10 (an ‘‘EEM ARM
                                                the Proposed Rule Change                                                                                   new order in the EEM Specified Option
                                                                                                        Eligible Order’’). The EEM Counting                Class: (i) Automatically cancel the EEM
                                                   The Exchange is filing a proposal to                 Program counts the number of contracts ARM Eligible Orders in all series of that
                                                amend Exchange Rules 517A, Aggregate                    executed by an EEM from an EEM ARM particular EEM Specified Option Class
                                                Risk Manager for EEMs (‘‘ARM–E’’), and                  Eligible Order (the ‘‘EEM ARM                      and (ii) reject new orders by the EEM in
                                                517B, Aggregate Risk Manager for                        Contracts’’) within a specified time               all series of that particular EEM
                                                Market Makers (‘‘ARM–M’’).                              period that has been established by the            Specified Option Class submitted using
                                                   The text of the proposed rule change                 EEM (the ‘‘EEM Specified Time                      the MEO Interface.17
                                                is available on the Exchange’s Web site                 Period’’).11 The EEM Specified Time
                                                                                                                                                              The Exchange now proposes to allow
                                                at http://www.miaxoptions.com/rule-                     Period cannot exceed 15 seconds.12 The
                                                                                                                                                           EEMs to submit orders with a time in
                                                filings/pearl at MIAX PEARL’s principal                 Exchange currently provides that
                                                                                                        contracts executed as a result of an               force of immediate-or-cancel to the
                                                office, and at the Commission’s Public                                                                     Exchange during the time that the
                                                Reference Room.                                         immediate-or-cancel (‘‘IOC’’) order
                                                                                                        submitted by such EEM are not                      ARM–E is engaged by amending
                                                II. Self-Regulatory Organization’s                      included in a specific EEM’s EEM                   Interpretations and Policies .01 to adopt
                                                Statement of the Purpose of, and                        Counting Program.         13                       new rule text to state, ‘‘[i]mmediate-or-
                                                Statutory Basis for, the Proposed Rule                      The EEM may also establish for each            Cancel (‘‘IOC’’) Orders submitted by an
                                                Change                                                  EEM Specified Option Class an EEM                  EEM using the MEO Interface are not
                                                                                                        Allowable Engagement Percentage (the               EEM ARM Eligible Orders.’’ The
                                                  In its filing with the Commission, the
                                                                                                        ‘‘EEM Allowable Engagement                         Exchange also proposes to remove the
                                                Exchange included statements
                                                                                                        Percentage’’),14 which is a number of              existing text in Interpretations and
                                                concerning the purpose of and basis for
                                                                                                        contracts, divided by the size of the              Policies .01 in its entirety which states,
                                                the proposed rule change and discussed
                                                                                                        orders, executed within the Specified              ‘‘[t]he System does not include in a
                                                any comments it received on the
                                                proposed rule change. The text of these                 Time Period, equal to or over which the specific EEM’s EEM Counting Program
                                                                                                        ARM–E will be triggered. When an                   contacts executed as a result of an
                                                statements may be examined at the
                                                                                                        execution of an EEM ARM Contract                   immediate-or-cancel (‘‘IOC’’) order
                                                places specified in Item IV below. The
                                                                                                        from an EEM ARM Eligible Order                     submitted by such EEM.’’ By adopting
                                                Exchange has prepared summaries, set
                                                forth in sections A, B, and C below, of                 occurs, the System 15 will look back over text that explicitly states that IOC orders
                                                                                                        the EEM Specified Time Period to                   submitted by an EEM using the MEO
                                                the most significant aspects of such
                                                                                                        determine whether the sum of contract              Interface are not EEM ARM Eligible
                                                statements.
                                                                                                        executions from such EEM ARM                       Orders, there is no longer a need to
                                                A. Self-Regulatory Organization’s                                                                          indicate that contracts executed as a
                                                Statement of the Purpose of, and                           5 See Exchange Rule 517B(a).                    result of an IOC order submitted by an
                                                Statutory Basis for, the Proposed Rule                     6 The term ‘‘Electronic Exchange Member’’ or    EEM are not included in the Counting
                                                Change                                                  ‘‘EEM’’ means the holder of a Trading Permit who   Program, as only EEM ARM Eligible
                                                                                                        is a Member representing as agent Public Customer  Orders will be included in the EEM
                                                1. Purpose                                              Orders or Non-Customer Orders on the Exchange
                                                                                                        and those non-Market Maker Members conducting
                                                                                                                                                           Counting Program.
                                                  The Exchange proposes to amend                        proprietary trading. Electronic Exchange Members      Additionally, Rule 517A(b) provides
                                                Exchange Rule 517A, ARM–E, to add                       are deemed ‘‘members’’ under the Exchange Act.     that when the ARM–E is engaged, the
                                                additional detail to subsection (b), and                See Exchange Rule 100.                             System will, (i) automatically cancel the
                                                                                                           7 See Exchange Rule 517A(a).
                                                to adopt new rule text in Interpretations                                                                  EEM ARM Eligible Orders in all series
                                                                                                           8 An ‘‘EEM Specified Option Class’’ is a class
                                                and Policies .01, to state that immediate-              which the EEM has designated as a class to be      of that particular EEM Specified Option
                                                or-cancel (‘‘IOC’’) Orders 3 are not EEM                protected via ARM–E. See Exchange Rule 517A(a).    Class and (ii) reject new orders by the
                                                ARM Eligible Orders.4 The Exchange                         9 The term ‘‘MPID’’ means unique market         EEM in all series of that particular EEM
                                                also proposes to amend Exchange Rule                    participant identifier. See Exchange Rule 100.     Specified Option Class submitted using
                                                                                                           10 The term ‘‘MEO Interface’’ means a binary
                                                517B, ARM–M, to add additional detail                                                                      the MEO Interface. The Exchange now
                                                                                                        order interface used for submitting certain order
                                                to subsection (b), and to adopt new rule                types (as set forth in Rule 516) to the MIAX PEARL proposes to amend subsection (b)(ii) to
                                                text in Interpretations and Policies .02,                                                                  state that the System will reject EEM
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        System. See Exchange Rule 100.
                                                to state that immediate-or-cancel                          11 See Exchange Rule 517A(a).                   ARM Eligible Orders submitted by the
                                                                                                           12 Id.
                                                                                                                                                           EEM, thereby allowing IOC orders to be
                                                  2 17 CFR 240.19b–4.                                      13 See Exchange Rule 517A, Interpretations and
                                                                                                                                                           submitted to the Exchange for trading
                                                  3 An immediate-or-cancel order is an order that is    Policies .01.
                                                                                                                                                           when ARM–E is engaged.
                                                to be executed in whole or in part upon receipt.           14See Exchange Rule 517A(c).
                                                Any portion not so executed is cancelled. See             15 The term ‘‘System’’ means the automated
                                                Exchange Rule 516(e).                                   trading system used by the Exchange for the trading     16 See   Exchange Rule 517A(c).
                                                  4 See Exchange Rule 517A(a).                          of securities. See Exchange Rule 100.                   17 See   Exchange Rule 517A(b).



                                           VerDate Sep<11>2014   18:50 Dec 06, 2017   Jkt 244001   PO 00000   Frm 00098   Fmt 4703   Sfmt 4703   E:\FR\FM\07DEN1.SGM     07DEN1


                                                                           Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices                                                   57801

                                                ARM–M                                                   particular MM Option Class submitted                  either the EEM or MM Counting
                                                                                                        using the MEO Interface.24                            Program.26
                                                   ARM–M protects MIAX PEARL                               The Exchange now proposes to allow                    The Exchange believes this proposal
                                                Market Makers 18 and assists them in                    Market Makers to submit orders with a                 will allow Members to continue to be
                                                managing risk by maintaining a                          time in force of immediate-or-cancel to               protected from the risks that the
                                                counting program (‘‘MM Counting                         the Exchange during the time that the                 Aggregate Risk Manager is designed to
                                                Program’’) for each Market Maker who                    ARM–M is engaged by amending                          mitigate, and also allow Members to
                                                has submitted an order in an option                     Interpretations and Policies .02 to state,            continue to submit certain orders which
                                                class (an ‘‘MM Option Class’’) delivered                ‘‘[i]mmediate-or-Cancel (‘‘IOC’’) Orders              Members desire to submit even during
                                                via the MEO Interface (an ‘‘MM ARM                      submitted by a Market Maker using the                 the time that the Aggregate Risk
                                                Eligible Order’’).19 The MM Counting                    MEO Interface are not MM ARM Eligible                 Manager is engaged. The Exchange
                                                Program counts the number of contracts                  Orders.’’ The Exchange also proposes to               believes allowing Members the ability to
                                                executed by a Market Maker from an                      remove the existing text in                           send IOC orders to the Exchange will
                                                MM ARM Eligible Order (the ‘‘MM                         Interpretations and Policies .02 in its               improve liquidity and order execution
                                                ARM Contracts’’) within a specified                     entirety which states, ‘‘[t]he System                 on the Exchange.
                                                time period that has been established by                does not include in a specific MM’s MM                   The Exchange notes that the proposed
                                                the Market Maker or as a default setting,               Counting Program contacts executed as                 rule change is similar to a rule that is
                                                as defined below (the ‘‘MM Specified                    a result of an immediate-or-cancel                    currently operative on the Exchange’s
                                                Time Period’’).20 The MM Specified                      (‘‘IOC’’) order submitted by such MM.’’               affiliate, MIAX Options Exchange
                                                Time Period cannot exceed 15 seconds                    By adopting text that explicitly states               (‘‘MIAX Options’’). Specifically,
                                                whether established by the Market                       that IOC orders submitted by a Market                 Interpretations and Policies .01 to MIAX
                                                Maker or as a default setting.21 The                    Maker using the MEO Interface are not                 Options Rule 612, Aggregate Risk
                                                Exchange currently provides that                        MM ARM Eligible Orders, there is no                   Manager, states that eQuotes 27 will
                                                contracts executed as a result of an                    longer a need to indicate contracts                   remain in the System available for
                                                immediate-or-cancel (‘‘IOC’’) order                     executed as a result of an IOC order                  trading when the Aggregate Risk
                                                submitted by such MM are not included                   submitted by a Market Maker are not                   Manager is engaged. IOC Orders on
                                                in a specific MM’s MM Counting                          included in the Counting Program, as                  MIAX PEARL are analogous to eQuotes
                                                Program.22                                              only MM ARM Eligible Orders will be                   on MIAX Options as eQuotes also have
                                                                                                        included in the MM Counting Program.                  limited time-in-force durations. For
                                                   The Market Maker may also establish                                                                        example, eQuotes on MIAX Options 28
                                                                                                           Additionally, Rule 517B(b) provides
                                                for each MM Option Class an MM                                                                                may be Auction or Cancel (‘‘AOC’’),29
                                                                                                        that when the ARM–M is engaged, the
                                                Allowable Engagement Percentage.                                                                              Opening Only (‘‘OPG’’),30 Immediate or
                                                                                                        System will (i) automatically cancel the
                                                When an execution of an MM ARM                                                                                Cancel (‘‘IOC’’),31 or Fill or Kill
                                                                                                        MM ARM Eligible Orders in all series of
                                                Contract from an MM ARM Eligible                                                                              (‘‘FOK’’).32 MIAX PEARL and MIAX
                                                                                                        that particular MM Option Class and (ii)
                                                Order occurs, the System will look back
                                                                                                        reject new orders by the Market Maker
                                                over the MM Specified Time Period to                                                                            26 See   supra note 11 and 19.
                                                                                                        in all series of that particular MM
                                                determine whether the sum of contract                                                                           27 An   eQuote is a quote with a specific time in
                                                                                                        Option Class submitted using the MEO
                                                executions from such MM ARM Eligible                                                                          force that does not automatically cancel and replace
                                                                                                        Interface. The Exchange now proposes                  a previous Standard quote or eQuote. An eQuote
                                                Order during such MM Specified Time                     to amend subsection (b)(ii) to state that             can be cancelled by the Market Maker at any time,
                                                Period triggers the ARM–M.23                            the System will reject new MM ARM                     or can be replaced by another eQuote that contains
                                                   The System will engage the ARM–M                     Eligible Orders submitted by the Market               specific instructions to cancel an existing eQuote.
                                                                                                                                                              See MIAX Options Exchange Rule 517(a)(2).
                                                in a particular MM Option Class when                    Maker, thereby allowing IOC orders to                    28 MIAX Options provides for a Day eQuote in its
                                                the MM Counting Program has                             be submitted to the Exchange for trading              rules, however this type of eQuote has not yet been
                                                determined that a Market Maker has                      when ARM–M is engaged.                                enabled for trading on the MIAX Options Exchange.
                                                executed during the MM Specified Time                      ARM–E and ARM–M are designed to                    See MIAX Options Exchange Rule 517(a)(i).
                                                                                                                                                                 29 An Auction or Cancel or ‘‘AOC’’ eQuote is a
                                                Period a number of MM ARM Contracts                     mitigate the exposure risk of resting
                                                                                                                                                              quote submitted by a Market Maker to provide
                                                from an MM ARM Eligible Order equal                     orders on the Exchange. In the                        liquidity in a specific Exchange process . . . with
                                                to or above their MM Allowable                          Exchange’s experience an IOC order is                 a time in force that corresponds with the duration
                                                Engagement Percentage. The ARM–M                        an order that is designed to target                   of that event and will automatically expire at the
                                                will then, until the Market Maker sends                 specific, identifiable liquidity resting on           end of that event. See MIAX Options Exchange Rule
                                                                                                                                                              517(a)(2)(ii). The Exchange notes the current length
                                                a notification to the System of the intent              the Book 25 that the entering Member                  of an auction on MIAX Options is 100 milliseconds
                                                to reengage and submits a new order in                  desires to trade with. Thus, a Member                 and that the duration of an auction may be no less
                                                the MM Option Class: (i) Automatically                  entering an IOC order does not require                than 100 milliseconds and no more than 1 second.
                                                cancel the MM ARM Eligible Orders in                    the risk management protection of either              See MIAX Options Exchange Rule 515A(a)(2)(i)(C).
                                                                                                                                                                 30 An opening only or ‘‘OPG’’ eQuote is a quote
                                                all series of that particular MM Option                 the ARM–E or ARM–M, as the Member                     that can be submitted by a Market Maker only
                                                Class and (ii) reject new orders by the                 entering the IOC order has made an                    during the Opening . . . OPG eQuotes will
                                                Market Maker in all series of that                      affirmative decision to attempt to                    automatically expire at the end of the Opening
                                                                                                        execute that transaction. The Exchange                Process. See MIAX Options Exchange Rule
                                                                                                                                                              517(a)(2)(iii).
                                                   18 The term ‘‘Market Maker’’ or ‘‘MM’’ means a       believes Members should not be                           31 An immediate or cancel or ‘‘IOC’’ eQuote is an
                                                Member registered with the Exchange for the             prevented from submitting these types                 eQuote submitted by a Market Maker that must be
                                                purpose of making markets in options contracts          of orders to the Exchange during the                  matched with another quote or order for an
sradovich on DSK3GMQ082PROD with NOTICES




                                                traded on the Exchange and that is vested with the
                                                rights and responsibilities specified in Chapter VI     time that the Aggregate Risk Manager is               execution in whole or in part upon receipt into the
                                                                                                        engaged as contracts executed using                   System. Any portion of the IOC eQuote not
                                                of the MIAX PEARL Rules. See Exchange Rule 100.
                                                                                                                                                              executed will be immediately canceled. See MIAX
                                                   19 See Exchange Rule 517B(a).                        these types of orders are not included in             Options Exchange Rule 517(a)(2)(iv).
                                                   20 Id.
                                                                                                                                                                 32 A fill or kill or ‘‘FOK’’ eQuote is an eQuote
                                                   21 Id.                                                 24 SeeExchange Rule 517B(b).                        submitted by a Market Maker that must be matched
                                                   22 See Exchange Rule 517B, Interpretations and         25 Theterm ‘‘Book’’ means the electronic book of    with another quote or order for an execution in its
                                                Policies .02.                                           buy and sell orders and quotes maintained by the      entirety at a single price upon receipt into the
                                                   23 See Exchange Rule 517B(c).                        System. See Exchange Rule 100.                                                                   Continued




                                           VerDate Sep<11>2014   18:50 Dec 06, 2017   Jkt 244001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\07DEN1.SGM     07DEN1


                                                57802                      Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices

                                                Options have a number of common                         types of Orders to the Exchange during                become effective pursuant to 19(b)(3)(A)
                                                Members and where feasible the                          the time that the Aggregate Risk                      of the Act 36 and Rule 19b–4(f)(6) 37
                                                Exchange strives to provide consistency                 Manager is engaged. The Exchange                      thereunder.
                                                between the markets so as to avoid                      believes allowing Members the ability to                 At any time within 60 days of the
                                                confusion among Members.                                send IOC orders to the Exchange while                 filing of the proposed rule change, the
                                                  The Exchange will announce the                        the Aggregate Risk Manager is engaged                 Commission summarily may
                                                implementation date of the proposed                     promotes just and equitable principles                temporarily suspend such rule change if
                                                rule change by Regulatory Circular to be                of trade by improving liquidity and                   it appears to the Commission that such
                                                published no later than 60 days                         order execution on the Exchange.                      action is necessary or appropriate in the
                                                following the operative date of the                        The Exchange believes its proposal                 public interest, for the protection of
                                                proposed rule. The implementation date                  will result in increased liquidity on the             investors, or otherwise in furtherance of
                                                will be no later than 60 days following                 Exchange which will contribute to the                 the purposes of the Act. If the
                                                the issuance of the Regulatory Circular.                operation of a fair and orderly market.               Commission takes such action, the
                                                                                                        The proposed treatment of IOC orders                  Commission shall institute proceedings
                                                2. Statutory Basis
                                                                                                        during the time that the ARM is engaged               to determine whether the proposed rule
                                                   MIAX PEARL believes that its                         is substantially similar to the treatment             should be approved or disapproved.
                                                proposed rule change is consistent with                 of eQuotes on the Exchange’s affiliate,
                                                Section 6(b) of the Act 33 in general, and                                                                    IV. Solicitation of Comments
                                                                                                        MIAX Options.35
                                                furthers the objectives of Section 6(b)(5)                                                                      Interested persons are invited to
                                                of the Act 34 in particular, in that it is              B. Self-Regulatory Organization’s                     submit written data, views, and
                                                designed to prevent fraudulent and                      Statement on Burden on Competition                    arguments concerning the foregoing,
                                                manipulative acts and practices, to                        The Exchange does not believe that                 including whether the proposed rule
                                                promote just and equitable principles of                the proposed rule change will impose                  change is consistent with the Act.
                                                trade, to foster cooperation and                        any burden on competition that is not                 Comments may be submitted by any of
                                                coordination with persons engaged in                    necessary or appropriate in furtherance               the following methods:
                                                regulating, clearing, settling, processing              of the purposes of the Act. The
                                                information with respect to, and                                                                              Electronic Comments
                                                                                                        Exchange believes that the proposed
                                                facilitating transactions in, securities, to            rule change will foster competition on                  • Use the Commission’s Internet
                                                remove impediments to and perfect the                   the Exchange by providing EEMs and                    comment form (http://www.sec.gov/
                                                mechanisms of a free and open market                    Market Makers with the ability to                     rules/sro.shtml); or
                                                and a national market system and, in                    submit IOC orders during the time that                  • Send an email to rule-comments@
                                                general, to protect investors and the                   the ARM is engaged and compete for                    sec.gov. Please include File Number SR–
                                                public interest.                                        executions.                                           PEARL–2017–37 on the subject line.
                                                   The Exchange believes that its                          The Exchange does not believe the                  Paper Comments
                                                proposal would promote just and                         proposed rule change will impact inter-
                                                equitable principles of trade by                        market competition as the proposal is                   • Send paper comments in triplicate
                                                permitting Members to use an order                      not designed to address competitive                   to Secretary, Securities and Exchange
                                                type that is not an ARM Eligible Order                  issue and is limited in scope to the                  Commission, 100 F Street NE.,
                                                during the time that the ARM is                         behavior of Members of the Exchange.                  Washington, DC 20549–1090.
                                                engaged. Additionally, the Exchange                        For the reasons stated, the Exchange               All submissions should refer to File
                                                believes this proposal will promote just                does not believe that the proposed rule               Number SR–PEARL–2017–37. This file
                                                and equitable principles of trade by                    change will impose any burden on                      number should be included on the
                                                allowing Members to continue to be                      competition not necessary or                          subject line if email is used. To help the
                                                protected from the risks that the                       appropriate in furtherance of the                     Commission process and review your
                                                Aggregate Risk Manager is designed to                   purposes of the Act, and believes the                 comments more efficiently, please use
                                                mitigate, and also allow Members to                     proposed change will enhance                          only one method. The Commission will
                                                continue to submit certain orders which                 competition.                                          post all comments on the Commission’s
                                                Members desire to submit even during                                                                          Internet Web site (http://www.sec.gov/
                                                the time the Aggregate Risk Manager is                  C. Self-Regulatory Organization’s
                                                                                                                                                              rules/sro.shtml). Copies of the
                                                engaged. ARM–E and ARM–M are                            Statement on Comments on the
                                                                                                                                                              submission, all subsequent
                                                designed to mitigate the exposure risk of               Proposed Rule Change Received From
                                                                                                                                                              amendments, all written statements
                                                resting orders. An IOC order is an order                Members, Participants, or Others
                                                                                                                                                              with respect to the proposed rule
                                                that is designed to target specific,                      Written comments were neither                       change that are filed with the
                                                identifiable liquidity resting on the                   solicited nor received.                               Commission, and all written
                                                Book that the entering Member desires                   III. Date of Effectiveness of the                     communications relating to the
                                                to trade with and thus the Member                       Proposed Rule Change and Timing for                   proposed rule change between the
                                                entering the IOC order does not require                 Commission Action                                     Commission and any person, other than
                                                the risk management protection of either                                                                      those that may be withheld from the
                                                the ARM–E or ARM–M, as the Member                         Because the foregoing proposed rule                 public in accordance with the
                                                entering the IOC order has made an                      change does not: (i) Significantly affect             provisions of 5 U.S.C. 552, will be
                                                affirmative decision to attempt to                      the protection of investors or the public
sradovich on DSK3GMQ082PROD with NOTICES




                                                execute that transaction. Therefore, the                interest; (ii) impose any significant                   36 15  U.S.C. 78s(b)(3)(A).
                                                Exchange believes Members should not                    burden on competition; and (iii) become                 37 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                be prevented from submitting these                      operative for 30 days after the date of               4(f)(6) requires a self-regulatory organization to give
                                                                                                        the filing, or such shorter time as the               the Commission written notice of its intent to file
                                                                                                                                                              the proposed rule change at least five business days
                                                System or will be immediately cancelled. See MIAX       Commission may designate, it has                      prior to the date of filing of the proposed rule
                                                Options Exchange Rule 517(a)(a)(v).                                                                           change, or such shorter time as designated by the
                                                  33 15 U.S.C. 78f(b).                                    35 See MIAX Options Rule 612, Interpretations       Commission. The Exchange has satisfied this
                                                  34 15 U.S.C. 78f(b)(5).                               and Policies .01.                                     requirement.



                                           VerDate Sep<11>2014   18:50 Dec 06, 2017   Jkt 244001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\07DEN1.SGM    07DEN1


                                                                           Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices                                                    57803

                                                available for Web site viewing and                      ‘‘Rulebook’’) and CDS Clearing                        Proposed Rule Change. The text of these
                                                printing in the Commission’s Public                     Procedures (the ‘‘Procedures’’) to make               statements may be examined at the
                                                Reference Room, 100 F Street NE.,                       conforming and clarifying changes                     places specified in Item IV below. LCH
                                                Washington, DC 20549, on official                       necessary to implement certain                        SA has prepared summaries, set forth in
                                                business days between the hours of                      provisions of the Markets in Financial                sections A, B, and C below, of the most
                                                10:00 a.m. and 3:00 p.m. Copies of the                  Instruments Regulation (‘‘MiFIR’’) 3 that             significant aspects of such statements.
                                                filing also will be available for                       are applicable to central counterparties
                                                inspection and copying at the principal                                                                       A. Clearing Agency’s Statement of the
                                                                                                        (‘‘CCPs’’) authorized under the
                                                office of the Exchange. All comments                                                                          Purpose of, and Statutory Basis for, the
                                                                                                        European Markets Infrastructure
                                                received will be posted without change.                                                                       Proposed Rule Change
                                                                                                        Regulation (‘‘EMIR’’) 4 (each such CCP,
                                                Persons submitting comments are                         an ‘‘authorized CCP’’). In particular, the            1. Purpose
                                                cautioned that we do not react or edit                  Proposed Rule Change implements                       a. Overview
                                                personal identifying information from                   Article 29 of MiFIR, which requires
                                                comment submissions. You should                         authorized CCPs to establish effective                   As noted above, the principal purpose
                                                submit only information that you wish                   systems, procedures and arrangements                  of the Proposed Rule Change is to
                                                to make available publicly. All                         to ensure that transactions in cleared                amend LCH SA’s Rulebook and
                                                submissions should refer to File                        derivatives transactions are submitted                Procedures to implement the provisions
                                                Number SR–PEARL–2017–37 and                             and accepted for clearing on a straight-              of MiFIR applicable to authorized CCPs
                                                should be submitted on or before                        through processing (‘‘STP’’) basis, and               and the Indirect Clearing RTS. MiFIR
                                                December 28, 2017.                                      Article 30 of MiFIR, which requires                   takes effect January 3, 2018 and it is
                                                  For the Commission, by the Division of                authorized CCPs to establish indirect                 expected that the Indirect Clearing RTS
                                                Trading and Markets, pursuant to delegated              clearing arrangements with respect to                 will take effect on the same date.
                                                authority.38                                            exchange-traded derivatives (‘‘ETDs’’)                   Specifically, Article 29 of MiFIR
                                                Eduardo A. Aleman,                                      that are of ‘‘equivalent effect’’ to the              requires authorized CCPs to establish
                                                Assistant Secretary.                                    corresponding requirements under                      effective systems, procedures and
                                                [FR Doc. 2017–26321 Filed 12–6–17; 8:45 am]             EMIR.                                                 arrangements to ensure that transactions
                                                BILLING CODE 8011–01–P                                     Regulatory technical standards have                in cleared derivatives are submitted and
                                                                                                        also been adopted to set more specific                accepted for clearing on a straight-
                                                                                                        requirements that authorized CCPs must                through processing basis. Article 4 of
                                                SECURITIES AND EXCHANGE                                 meet to comply with MiFIR. The                        EMIR and the Indirect Clearing RTS set
                                                COMMISSION                                              regulatory technical standards for                    out specific compliance requirements
                                                                                                        straight-through processing (‘‘RTS 26’’)              for entities that participate in ‘‘indirect
                                                [Release No. 34–82194; File No. SR–LCH
                                                SA–2017–010]                                            were adopted in late 2016.5 More                      clearing arrangements’’ in connection
                                                                                                        recently, the European Commission                     with OTC derivatives. As an authorized
                                                Self-Regulatory Organizations; LCH                      adopted regulatory technical standards,               CCP, LCH SA is required to amend its
                                                SA; Notice of Filing of Proposed Rule                   which align the indirect clearing                     rules and procedures to give effect to
                                                Change, Security-Based Swap                             requirements under EMIR and MiFIR                     these provisions of MiFIR and the
                                                Submission, or Advance Notice                           (‘‘Indirect Clearing RTS’’).6                         Indirect Clearing RTS.
                                                Relating to the Implementation of the                   II. Clearing Agency’s Statement of the                   Set out below is an explanation of the
                                                Markets in Financial Instruments                        Purpose of, and Statutory Basis for, the              relevant provisions of RTS 26 and the
                                                Regulation                                              Proposed Rule Change                                  Indirect Clearing RTS followed in each
                                                December 1, 2017.                                          In its filing with the Commission,                 case by a description of the amendments
                                                   Pursuant to Section 19(b)(1) of the                  LCH SA included statements concerning                 LCH SA has made to its Rulebook and
                                                Securities Exchange Act of 1934                         the purpose of and basis for the                      Procedures to give effect to each RTS.
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Proposed Rule Change and discussed                    Capitalized terms not otherwise defined
                                                notice is hereby given that on November                 any comments it received on the                       herein have the meanings ascribed to
                                                21, 2017, Banque Centrale de                                                                                  them in the Rulebook.
                                                Compensation, which conducts                              3 Regulation (EU) No 600/2014 of the European
                                                                                                                                                              b. Straight-Through Processing
                                                business under the name LCH SA (‘‘LCH                   Parliament and of the Council of 15 May 2014 on
                                                                                                        markets in financial instruments and amending           RTS 26 establishes the specific
                                                SA’’), filed with the Securities and                    Regulation (EU) No 648/2012.
                                                Exchange Commission (‘‘Commission’’)                      4 Regulation (EU) No 648/2012 of the European
                                                                                                                                                              requirements with which authorized
                                                the proposed rule change (‘‘Proposed                    Parliament and of the Council of 4 July 2012 on       CCPs, trading venues 7 and clearing
                                                Rule Change’’) described in Items I, II                 OTC derivatives, central counterparties and trade
                                                and III below, which Items have been                    reporting.                                              7 The term ‘‘trading venue’’ as used in RTS 26
                                                                                                          5 Commission Delegated Regulation (EU) 2017/
                                                primarily prepared by LCH SA. The                                                                             refers to EU-based venues only (i.e., regulated
                                                                                                        582 of 29.6.2016 supplementing Regulation (EU) No     markets, multilateral trading facilities and
                                                Commission is publishing this notice to                 600/2014 of the European Parliament and of the        organized trading facilities). Accordingly, third-
                                                solicit comments on the Proposed Rule                   Council with regard to regulatory technical           country venues (e.g., U.S. swap execution facilities,
                                                Change from interested persons.                         standards specifying the obligation to clear          security-based swap execution facilities, designated
                                                                                                        derivatives traded on regulated markets and timing    contract markets and national securities exchanges)
                                                I. Clearing Agency’s Statement of the                   of acceptance for clearing.                           are not required to comply with the RTS 26
                                                Terms of Substance of the Proposed                        6 Commission Delegated Regulation (EU) of           provisions applicable to trading venues.
sradovich on DSK3GMQ082PROD with NOTICES




                                                Rule Change                                             22.9.2017 amending Commission Delegated               Notwithstanding this definition, the STP
                                                                                                        Regulation (EU) No 149/2013 with regard to            amendments described herein will apply with
                                                   LCH SA is proposing to amend its (i)                 regulatory technical standards on indirect clearing   respect to all derivatives transactions concluded on
                                                CDS Clearing Rulebook (the                              arrangements. A separate, but identical, set of RTS   swap execution facilities and designated contract
                                                                                                        apply to indirect clearing of exchange-traded         markets registered with the U.S. Commodity
                                                                                                        derivatives. See, Commission Delegated Regulation     Futures Trading Commission (‘‘CFTC’’) and the
                                                  38 17 CFR 200.30–3(a)(12).                            (EU) of 22.9.2017 supplementing Regulation (EU)       definition of the term ‘‘Trading Venue’’ has been
                                                  1 15 U.S.C. 78s(b)(1).                                No 600/2014 with regard to regulatory technical       amended accordingly. See, Section 1.1.1 of the
                                                  2 17 CFR 240.19b–4.                                   standards on indirect clearing arrangements.          Rulebook.



                                           VerDate Sep<11>2014   18:50 Dec 06, 2017   Jkt 244001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\07DEN1.SGM   07DEN1



Document Created: 2017-12-07 00:34:49
Document Modified: 2017-12-07 00:34:49
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 57799 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR