82_FR_9641 82 FR 9617 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Establish MIAX PEARL Top of Market (“ToM”) and MIAX PEARL Liquidity Feed (“PLF”) Data Products

82 FR 9617 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Establish MIAX PEARL Top of Market (“ToM”) and MIAX PEARL Liquidity Feed (“PLF”) Data Products

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 24 (February 7, 2017)

Page Range9617-9619
FR Document2017-02441

Federal Register, Volume 82 Issue 24 (Tuesday, February 7, 2017)
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Pages 9617-9619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02441]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79913; File No. SR-PEARL-2017-01]


Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Establish MIAX 
PEARL Top of Market (``ToM'') and MIAX PEARL Liquidity Feed (``PLF'') 
Data Products

February 1, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on January 19, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to establish certain market data 
products. 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.

[[Page 9618]]

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 establish the MIAX PEARL Top of Market 
(``ToM'') and MIAX PEARL Liquidity Feed (``PLF'') data products.
    ToM provides market participants with a direct data feed that 
includes the Exchange's best bid and offer, with aggregate size, and 
last sale information, based on order and quoting interest on the 
Exchange. The ToM data feed includes data that is identical to the data 
sent to the processor for the Options Price Reporting Authority 
(``OPRA''). The ToM and OPRA data leave the MIAX PEARL System \3\ at 
the same time, as required under Section 5.2(c)(iii)(B) of the Limited 
Liability Company Agreement of the Options Price Reporting Authority 
LLC (the ``OPRA Plan''), which prohibits the dissemination of 
proprietary information on any more timely basis than the same 
information is furnished to the OPRA system for inclusion in OPRA's 
consolidated dissemination of options information. ToM will also 
contain a feature that provides the number of Priority Customer \4\ 
contracts that are included in the size associated with the Exchange's 
best bid and offer.
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    \3\ The term ``System'' means the automated trading system used 
by the Exchange for the trading of securities. See Exchange Rule 
100.
    \4\ The term ``Priority Customer'' means a person or entity that 
(i) is not a broker or dealer insecurities, and (ii) does not place 
more than 390 orders in listed options per day on average during a 
calendar month for its own beneficial account(s). See Exchange Rule 
100.
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    PLF is a real-time full order book data feed that provides 
information for orders on the MIAX PEARL order book. PLF will provide 
real-time information to enable users to keep track of the simple order 
book for all symbols listed on MIAX PEARL. PLF will provide the 
following real-time data to its users with respect to each order for 
the entire order book: Origin, limit price, side, size, and time-in-
force (e.g., day, GTC). It is a compilation of data for orders residing 
on the Exchange's order book for options traded on the Exchange that 
the Exchange provides through a real-time multi-cast data feed. The 
Exchange updates the information upon receipt of each order or change 
in status to any order resting on the book (e.g., routing, trading, or 
cancelling of the order).
    PLF will provide subscribers with specific order book data that 
should enhance their ability to analyze market conditions, and to 
create and test trading models and analytical strategies. The Exchange 
believes the PLF is a valuable tool that subscribers can use to gain 
comprehensive insight into the limit order book in a particular option.
    The proposed data products provide valuable information that can 
help subscribers make informed investment decisions, and operate in the 
same manner as similar data products offered by the Miami International 
Securities Exchange, LLC (``MIAX Options''), namely the MIAX Options 
Top of Market data product (``MIAX ToM'') \5\ and the MIAX Options 
Order Feed data product (``MOR'').\6\ Each of these proposed data 
products is available to members and non-members, and to both 
professional and non-professional subscribers.
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    \5\ For a complete description of the MIAX Options ToM data 
product, see Securities Exchange Act Release No. 69007 (February 28, 
2013), 78 FR 14617 (March 6, 2013) (SR-MIAX-2013-05); Securities 
Exchange Act Release No. 69518 (May 6, 2013), 78 FR 27462 (May 10, 
2013) (SR-MIAX-2013-18); Securities Exchange Act Release No. 73395 
(October 21, 2014), 79 FR 63979 (October 27, 2014) (SR-MIAX-2014-
53).
    \6\ For a complete description of the MOR data product, see 
Securities Exchange Act Release No. 74759 (April 17, 2015), 80 FR 
22749 (April 23, 2015) (SR-MIAX-2015-28).
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    The Exchange represents that it will make ToM and PLF equally 
available to any market participant that wishes to subscribe to it. The 
Exchange will establish monthly fees for the ToM data product and the 
PLF data product by way of separate proposed rule changes, which the 
Exchange will submit after the ToM and PLF products are established.
2. Statutory Basis
    MIAX PEARL believes that its proposed rule change is consistent 
with Section 6(b) of the Act \7\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \8\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanisms of a free and open market and a national market system and, 
in general, to protect investors and the public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The ToM market data product is designed to promote just and 
equitable principles of trade by providing all subscribers with top of 
market data that includes the Exchange's best bid and offer, with 
aggregate size, and last sale information, based on order and quoting 
interest on the Exchange that should enable them to make informed 
decisions on trading on MIAX PEARL by using the ToM data to assess 
current market conditions that directly affect such decisions.
    The PLF market data product is designed to promote just and 
equitable principles of trade by providing all subscribers with limit 
order book data that should enable them to make informed decisions on 
trading MIAX PEARL options by using the PLF data to assess current 
market conditions that directly affect such decisions.
    The proposed ToM and PLF market data products facilitate 
transactions in securities, remove impediments to and perfect the 
mechanisms of a free and open market and a national market system by 
enhancing the subscriber's ability to make decisions on trading 
strategy and by providing data which should help bring about such 
decisions in a timely manner to the protection of investors and the 
public interest. The market data provided by both ToM and PLF removes 
impediments to, and is designed to further perfect, the mechanisms of a 
free and open market and a national market system by making the MIAX 
PEARL market more transparent and accessible to market participants 
making routing decisions concerning their options orders. The Exchange 
notes that the data provided on each of these data products are similar 
to and provide the same data as provided by data products of MIAX 
Options with respect to options traded on that exchange.\9\ The 
Exchange believes that it is in the public interest to make similar 
information available with respect to options traded on MIAX PEARL.
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    \9\ See supra notes 5 and 6.
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    The proposed ToM and PLF market data products are also designated 
to protect investors and the public interest by providing data to 
subscribers that is already currently available on other

[[Page 9619]]

competing exchanges which are similar to MIAX PEARL \10\ and will 
enable MIAX PEARL to compete with such other exchanges, thereby 
offering market participants with additional data in order to seek the 
market center with the best price and the most liquidity on which to 
execute their transactions, all to the benefit of investors and the 
public interest, and to the marketplace as a whole.
---------------------------------------------------------------------------

    \10\ ISE Gemini, LLC (``Gemini'') is a maker-taker pricing model 
exchange similar to MIAX PEARL and has similar data products to ToM 
and PLF available to Gemini's users, including the ISE Gemini TOP 
Quote and ISE Gemini Order Feed. See ISE Gemini Fee Schedule 
Sections V.A (ISE Gemini Order Feed) and V.B (ISE Gemini TOP Quote); 
see Securities Exchange Act Release No. 71087 (December 17, 2013), 
78 FR 77545 (December 23, 2013) (SR-Topaz-2013-17).
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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. On the contrary, the 
Exchange believes that the new market data products will enhance 
competition in the U.S. options markets by providing users of MIAX 
PEARL market data products that are similar to that which are currently 
provided on other competing options exchanges.\11\
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    \11\ Id.
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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 \12\ and Rule 19b-4(f)(6) \13\ 
thereunder.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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.
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    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Exchange has noted that waiving the operative delay would 
enable the Exchange to make the ToM and PLF market data products 
available to subscribers at the time of the launch of trading on the 
Exchange, which is scheduled for February 6, 2017. The Exchange has 
further argued that this would enable the Exchange to better compete 
with other exchanges by offering market participants additional data in 
order to seek the market center with the best prices and the most 
liquidity on which to execute their transactions. The Commission 
believes that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest, because such waiver 
will enable the Exchange to begin offering these data products at the 
time of the launch of trading on the Exchange. In addition, as noted by 
the Exchange, the proposal is consistent with the rules of other self-
regulatory organizations previously approved by the Commission.\14\ For 
these reasons, the Commission designates the proposed rule change as 
operative upon filing.\15\
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    \14\ See supra notes 5 and 6.
    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-PEARL-2017-01 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-2017-01. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-PEARL-2017-01 and should be 
submitted on or before February 28, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02441 Filed 2-6-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices                                                  9617

                                             closely correlated than the SPX would                   notice is filed, or the date further                  http://www.theocc.com/components/
                                             mitigate risk because it would enhance                  information requested by the                          docs/legal/rules_and_bylaws/sr_occ_17_
                                             the accuracy of margin requirements in                  Commission is received, if the                        801.pdf.
                                             STANS.                                                  Commission notifies the clearing agency                 All comments received will be posted
                                                Under the proposed change, a floor of                in writing that it does not object to the
                                             the sample variance would be                                                                                  without change; the Commission does
                                                                                                     proposed change and authorizes the
                                             introduced with respect to each scale                                                                         not edit personal identifying
                                                                                                     clearing agency to implement the
                                             factor. The sample variance floor would                 proposed change on an earlier date,                   information from submissions. You
                                             mitigate pro-cyclicality risk in the                    subject to any conditions imposed by                  should submit only information that
                                             relevant return scenarios because it                    the Commission.                                       you wish to make available publicly.
                                             would potentially result in the                           OCC shall post notice on its Web site                 All submissions should refer to File
                                             collection of more margin during                        of proposed changes that are                          Number SR–OCC–2017–801 and should
                                             periods of relatively lower market                      implemented.                                          be submitted on or before February 28,
                                             volatility. In the absence of using the                   The proposal shall not take effect                  2017.
                                             sample variance as a floor, the margin                  until all regulatory actions required
                                             collected could drop significantly                      with respect to the proposal are                        By the Commission.
                                             during periods of low volatility and                    completed.                                            Eduardo A. Aleman,
                                             then dramatically increase when,                                                                              Assistant Secretary.
                                                                                                     IV. Solicitation of Comments
                                             between monthly updates to a pending                                                                          [FR Doc. 2017–02443 Filed 2–6–17; 8:45 am]
                                             time series, market events cause                          Interested persons are invited to
                                                                                                                                                           BILLING CODE 8011–01–P
                                             increases in the variance of the                        submit written data, views and
                                             underlying data set for the scale factor.               arguments concerning the foregoing,
                                                OCC would also implement                             including whether the advance notice is               SECURITIES AND EXCHANGE
                                             processing changes that would update                    consistent with the Act. Comments may
                                                                                                                                                           COMMISSION
                                             the statistical models for common                       be submitted by any of the following
                                             factors related to Treasury securities on               methods:
                                             a daily basis. These model changes                                                                            [Release No. 34–79913; File No. SR–
                                                                                                     Electronic Comments                                   PEARL–2017–01]
                                             would allow OCC to monitor and
                                             respond to material changes in the                        • Use the Commission’s Internet
                                                                                                     comment form (http://www.sec.gov/                     Self-Regulatory Organizations; MIAX
                                             volatility of Treasury securities while
                                             also mitigating pro-cyclicality. The                    rules/sro.shtml); or                                  PEARL, LLC; Notice of Filing and
                                             proposed enhancements would promote                       • Send an email to rule-comments@                   Immediate Effectiveness of a Proposed
                                             a more accurate approach to margining                   sec.gov. Please include File Number SR–               Rule Change To Establish MIAX
                                             within STANS, as it relates to Treasury                 OCC–2017–801 on the subject line.                     PEARL Top of Market (‘‘ToM’’) and
                                             securities, particularly when markets                   Paper Comments                                        MIAX PEARL Liquidity Feed (‘‘PLF’’)
                                             are volatile because the daily statistical                                                                    Data Products
                                                                                                        • Send paper comments in triplicate
                                             updates would mitigate the risk that the
                                                                                                     to Secretary, Securities and Exchange                 February 1, 2017.
                                             model would become stale between
                                                                                                     Commission, 100 F Street NE.,                            Pursuant to Section 19(b)(1) of the
                                             monthly updates.
                                                For the foregoing reasons, OCC                       Washington, DC 20549.                                 Securities Exchange Act of 1934
                                             believes that the proposed change                       All submissions should refer to File                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                             would enhance OCC’s management of                       Number SR–OCC–2017–801. This file                     notice is hereby given that on January
                                             risk and reduce the nature or level of                  number should be included on the                      19, 2017, MIAX PEARL, LLC (‘‘MIAX
                                             risk presented to OCC.                                  subject line if email is used. To help the
                                                                                                                                                           PEARL’’ or ‘‘Exchange’’) filed with the
                                                                                                     Commission process and review your
                                             III. Date of Effectiveness of the Advance                                                                     Securities and Exchange Commission
                                                                                                     comments more efficiently, please use
                                             Notice and Timing for Commission                                                                              (‘‘Commission’’) a proposed rule change
                                                                                                     only one method. The Commission will
                                             Action                                                  post all comments on the Commission’s                 as described in Items I, II, and III, below,
                                                                                                     Internet Web site (http://www.sec.gov/                which Items have been prepared by the
                                                The proposed change may be
                                             implemented if the Commission does                      rules/sro.shtml). Copies of the                       Exchange. The Commission is
                                             not object to the proposed change                       submission, all subsequent                            publishing this notice to solicit
                                             within 60 days of the later of (i) the date             amendments, all written statements                    comments on the proposed rule change
                                             the proposed change was filed with the                  with respect to the advance notice that               from interested persons.
                                             Commission or (ii) the date any                         are filed with the Commission, and all                I. Self-Regulatory Organization’s
                                             additional information requested by the                 written communications relating to the                Statement of the Terms of Substance of
                                             Commission is received. OCC shall not                   advance notice between the                            the Proposed Rule Change
                                             implement the proposed change if the                    Commission and any person, other than
                                             Commission has any objection to the                     those that may be withheld from the                      The Exchange is filing a proposal to
                                             proposed change.                                        public in accordance with the                         establish certain market data products.
                                                The Commission may extend the                        provisions of 5 U.S.C. 552, will be                   The text of the proposed rule change is
                                             period for review by an additional 60                   available for Web site viewing and                    available on the Exchange’s Web site at
                                             days if the proposed change raises novel                printing in the Commission’s Public                   http://www.miaxoptions.com/rule-
Lhorne on DSK30JT082PROD with NOTICES




                                             or complex issues, subject to the                       Reference Room, 100 F Street NE.,                     filings/pearl, at MIAX PEARL’s
                                             Commission or the Board of Governors                    Washington, DC 20549 on official                      principal office, and at the
                                             of the Federal Reserve System providing                 business days between the hours of                    Commission’s Public Reference Room.
                                             the clearing agency with prompt written                 10:00 a.m. and 3:00 p.m. Copies of the
                                             notice of the extension. A proposed                     filing also will be available for
                                             change may be implemented in less                       inspection and copying at the principal                 1 15   U.S.C. 78s(b)(1).
                                             than 60 days from the date the advance                  office of OCC and on OCC’s Web site at                  2 17   CFR 240.19b–4.



                                        VerDate Sep<11>2014   14:31 Feb 06, 2017   Jkt 241001   PO 00000   Frm 00059   Fmt 4703   Sfmt 4703   E:\FR\FM\07FEN1.SGM    07FEN1


                                             9618                         Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices

                                             II. Self-Regulatory Organization’s                      following real-time data to its users with            manipulative acts and practices, to
                                             Statement of the Purpose of, and                        respect to each order for the entire order            promote just and equitable principles of
                                             Statutory Basis for, the Proposed Rule                  book: Origin, limit price, side, size, and            trade, to foster cooperation and
                                             Change                                                  time-in-force (e.g., day, GTC). It is a               coordination with persons engaged in
                                               In its filing with the Commission, the                compilation of data for orders residing               facilitating transactions in securities, to
                                             Exchange included statements                            on the Exchange’s order book for                      remove impediments to and perfect the
                                                                                                     options traded on the Exchange that the               mechanisms of a free and open market
                                             concerning the purpose of and basis for
                                                                                                     Exchange provides through a real-time                 and a national market system and, in
                                             the proposed rule change and discussed
                                                                                                     multi-cast data feed. The Exchange                    general, to protect investors and the
                                             any comments it received on the
                                                                                                     updates the information upon receipt of               public interest.
                                             proposed rule change. The text of these                                                                          The ToM market data product is
                                             statements may be examined at the                       each order or change in status to any
                                                                                                     order resting on the book (e.g., routing,             designed to promote just and equitable
                                             places specified in Item IV below. The                                                                        principles of trade by providing all
                                             Exchange has prepared summaries, set                    trading, or cancelling of the order).
                                                                                                        PLF will provide subscribers with                  subscribers with top of market data that
                                             forth in sections A, B, and C below, of                                                                       includes the Exchange’s best bid and
                                             the most significant aspects of such                    specific order book data that should
                                                                                                     enhance their ability to analyze market               offer, with aggregate size, and last sale
                                             statements.                                                                                                   information, based on order and quoting
                                                                                                     conditions, and to create and test
                                             A. Self-Regulatory Organization’s                       trading models and analytical strategies.             interest on the Exchange that should
                                             Statement of the Purpose of, and                        The Exchange believes the PLF is a                    enable them to make informed decisions
                                             Statutory Basis for, the Proposed Rule                  valuable tool that subscribers can use to             on trading on MIAX PEARL by using the
                                             Change                                                  gain comprehensive insight into the                   ToM data to assess current market
                                                                                                     limit order book in a particular option.              conditions that directly affect such
                                             1. Purpose                                                                                                    decisions.
                                                                                                        The proposed data products provide
                                                The Exchange proposes to establish                   valuable information that can help                       The PLF market data product is
                                             the MIAX PEARL Top of Market                            subscribers make informed investment                  designed to promote just and equitable
                                             (‘‘ToM’’) and MIAX PEARL Liquidity                      decisions, and operate in the same                    principles of trade by providing all
                                             Feed (‘‘PLF’’) data products.                           manner as similar data products offered               subscribers with limit order book data
                                                ToM provides market participants                     by the Miami International Securities                 that should enable them to make
                                             with a direct data feed that includes the               Exchange, LLC (‘‘MIAX Options’’),                     informed decisions on trading MIAX
                                             Exchange’s best bid and offer, with                     namely the MIAX Options Top of                        PEARL options by using the PLF data to
                                             aggregate size, and last sale information,              Market data product (‘‘MIAX ToM’’) 5                  assess current market conditions that
                                             based on order and quoting interest on                  and the MIAX Options Order Feed data                  directly affect such decisions.
                                             the Exchange. The ToM data feed                                                                                  The proposed ToM and PLF market
                                                                                                     product (‘‘MOR’’).6 Each of these
                                             includes data that is identical to the                                                                        data products facilitate transactions in
                                                                                                     proposed data products is available to
                                             data sent to the processor for the                                                                            securities, remove impediments to and
                                                                                                     members and non-members, and to both
                                             Options Price Reporting Authority                                                                             perfect the mechanisms of a free and
                                                                                                     professional and non-professional
                                             (‘‘OPRA’’). The ToM and OPRA data                                                                             open market and a national market
                                                                                                     subscribers.
                                             leave the MIAX PEARL System 3 at the                                                                          system by enhancing the subscriber’s
                                                                                                        The Exchange represents that it will
                                             same time, as required under Section                                                                          ability to make decisions on trading
                                                                                                     make ToM and PLF equally available to
                                             5.2(c)(iii)(B) of the Limited Liability                                                                       strategy and by providing data which
                                                                                                     any market participant that wishes to
                                             Company Agreement of the Options                                                                              should help bring about such decisions
                                                                                                     subscribe to it. The Exchange will
                                             Price Reporting Authority LLC (the                                                                            in a timely manner to the protection of
                                                                                                     establish monthly fees for the ToM data
                                             ‘‘OPRA Plan’’), which prohibits the                                                                           investors and the public interest. The
                                                                                                     product and the PLF data product by
                                             dissemination of proprietary                                                                                  market data provided by both ToM and
                                                                                                     way of separate proposed rule changes,
                                             information on any more timely basis                                                                          PLF removes impediments to, and is
                                                                                                     which the Exchange will submit after
                                                                                                                                                           designed to further perfect, the
                                             than the same information is furnished                  the ToM and PLF products are
                                                                                                                                                           mechanisms of a free and open market
                                             to the OPRA system for inclusion in                     established.
                                                                                                                                                           and a national market system by making
                                             OPRA’s consolidated dissemination of
                                                                                                     2. Statutory Basis                                    the MIAX PEARL market more
                                             options information. ToM will also
                                                                                                       MIAX PEARL believes that its                        transparent and accessible to market
                                             contain a feature that provides the
                                                                                                     proposed rule change is consistent with               participants making routing decisions
                                             number of Priority Customer 4 contracts
                                                                                                     Section 6(b) of the Act 7 in general, and             concerning their options orders. The
                                             that are included in the size associated
                                                                                                     furthers the objectives of Section 6(b)(5)            Exchange notes that the data provided
                                             with the Exchange’s best bid and offer.
                                                                                                     of the Act 8 in particular, in that it is             on each of these data products are
                                                PLF is a real-time full order book data
                                                                                                     designed to prevent fraudulent and                    similar to and provide the same data as
                                             feed that provides information for
                                                                                                                                                           provided by data products of MIAX
                                             orders on the MIAX PEARL order book.
                                                                                                                                                           Options with respect to options traded
                                             PLF will provide real-time information                    5 For a complete description of the MIAX Options

                                                                                                     ToM data product, see Securities Exchange Act         on that exchange.9 The Exchange
                                             to enable users to keep track of the
                                                                                                     Release No. 69007 (February 28, 2013), 78 FR 14617    believes that it is in the public interest
                                             simple order book for all symbols listed                (March 6, 2013) (SR–MIAX–2013–05); Securities         to make similar information available
                                             on MIAX PEARL. PLF will provide the                     Exchange Act Release No. 69518 (May 6, 2013), 78
                                                                                                     FR 27462 (May 10, 2013) (SR–MIAX–2013–18);
                                                                                                                                                           with respect to options traded on MIAX
                                                3 The term ‘‘System’’ means the automated            Securities Exchange Act Release No. 73395 (October    PEARL.
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                                             trading system used by the Exchange for the trading     21, 2014), 79 FR 63979 (October 27, 2014) (SR–           The proposed ToM and PLF market
                                             of securities. See Exchange Rule 100.                   MIAX–2014–53).                                        data products are also designated to
                                                                                                       6 For a complete description of the MOR data
                                                4 The term ‘‘Priority Customer’’ means a person
                                                                                                                                                           protect investors and the public interest
                                             or entity that (i) is not a broker or dealer            product, see Securities Exchange Act Release No.
                                                                                                     74759 (April 17, 2015), 80 FR 22749 (April 23,        by providing data to subscribers that is
                                             insecurities, and (ii) does not place more than 390
                                             orders in listed options per day on average during      2015) (SR–MIAX–2015–28).                              already currently available on other
                                                                                                       7 15 U.S.C. 78f(b).
                                             a calendar month for its own beneficial account(s).
                                             See Exchange Rule 100.                                    8 15 U.S.C. 78f(b)(5).                                9 See   supra notes 5 and 6.



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                                                                            Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices                                                 9619

                                             competing exchanges which are similar                     filing. The Exchange has noted that                  Commission, 100 F Street NE.,
                                             to MIAX PEARL 10 and will enable                          waiving the operative delay would                    Washington, DC 20549–1090.
                                             MIAX PEARL to compete with such                           enable the Exchange to make the ToM
                                             other exchanges, thereby offering market                  and PLF market data products available               All submissions should refer to File
                                             participants with additional data in                      to subscribers at the time of the launch             Number SR–PEARL–2017–01. This file
                                             order to seek the market center with the                  of trading on the Exchange, which is                 number should be included on the
                                             best price and the most liquidity on                      scheduled for February 6, 2017. The                  subject line if email is used. To help the
                                             which to execute their transactions, all                  Exchange has further argued that this                Commission process and review your
                                             to the benefit of investors and the public                would enable the Exchange to better                  comments more efficiently, please use
                                             interest, and to the marketplace as a                     compete with other exchanges by                      only one method. The Commission will
                                             whole.                                                    offering market participants additional              post all comments on the Commission’s
                                                                                                       data in order to seek the market center              Internet Web site (http://www.sec.gov/
                                             B. Self-Regulatory Organization’s
                                             Statement on Burden on Competition                        with the best prices and the most                    rules/sro.shtml). Copies of the
                                                                                                       liquidity on which to execute their                  submission, all subsequent
                                               The Exchange does not believe that                      transactions. The Commission believes                amendments, all written statements
                                             the proposed rule change will impose                      that waiving the 30-day operative delay              with respect to the proposed rule
                                             any burden on competition that is not                     is consistent with the protection of                 change that are filed with the
                                             necessary or appropriate in furtherance                   investors and the public interest,                   Commission, and all written
                                             of the purposes of the Act. On the                        because such waiver will enable the                  communications relating to the
                                             contrary, the Exchange believes that the                  Exchange to begin offering these data
                                             new market data products will enhance                                                                          proposed rule change between the
                                                                                                       products at the time of the launch of                Commission and any person, other than
                                             competition in the U.S. options markets                   trading on the Exchange. In addition, as
                                             by providing users of MIAX PEARL                                                                               those that may be withheld from the
                                                                                                       noted by the Exchange, the proposal is               public in accordance with the
                                             market data products that are similar to                  consistent with the rules of other self-
                                             that which are currently provided on                                                                           provisions of 5 U.S.C. 552, will be
                                                                                                       regulatory organizations previously                  available for Web site viewing and
                                             other competing options exchanges.11                      approved by the Commission.14 For                    printing in the Commission’s Public
                                             C. Self-Regulatory Organization’s                         these reasons, the Commission
                                                                                                                                                            Reference Room, 100 F Street NE.,
                                             Statement on Comments on the                              designates the proposed rule change as
                                                                                                                                                            Washington, DC 20549, on official
                                             Proposed Rule Change Received From                        operative upon filing.15
                                                                                                                                                            business days between the hours of
                                             Members, Participants, or Others                             At any time within 60 days of the
                                                                                                       filing of the proposed rule change, the              10:00 a.m. and 3:00 p.m. Copies of the
                                               Written comments were neither                                                                                filing also will be available for
                                             solicited nor received.                                   Commission summarily may
                                                                                                       temporarily suspend such rule change if              inspection and copying at the principal
                                             III. Date of Effectiveness of the                         it appears to the Commission that such               office of the Exchange. All comments
                                             Proposed Rule Change and Timing for                       action is necessary or appropriate in the            received will be posted without change;
                                             Commission Action                                         public interest, for the protection of               the Commission does not edit personal
                                                Because the foregoing proposed rule                    investors, or otherwise in furtherance of            identifying information from
                                             change does not: (i) Significantly affect                 the purposes of the Act. If the                      submissions. You should submit only
                                             the protection of investors or the public                 Commission takes such action, the                    information that you wish to make
                                             interest; (ii) impose any significant                     Commission shall institute proceedings               available publicly. All submissions
                                             burden on competition; and (iii) become                   to determine whether the proposed rule               should refer to File Number SR–
                                             operative for 30 days after the date of                   should be approved or disapproved.                   PEARL–2017–01 and should be
                                             the filing, or such shorter time as the                                                                        submitted on or before February 28,
                                                                                                       IV. Solicitation of Comments
                                             Commission may designate, it has                                                                               2017.
                                             become effective pursuant to 19(b)(3)(A)                    Interested persons are invited to
                                                                                                                                                              For the Commission, by the Division of
                                             of the Act 12 and Rule 19b–4(f)(6) 13                     submit written data, views, and
                                                                                                                                                            Trading and Markets, pursuant to delegated
                                             thereunder.                                               arguments concerning the foregoing,
                                                                                                                                                            authority.16
                                                The Exchange has asked the                             including whether the proposed rule
                                             Commission to waive the 30-day                            change is consistent with the Act.                   Eduardo A. Aleman,
                                             operative delay so that the proposal may                  Comments may be submitted by any of                  Assistant Secretary.
                                             become operative immediately upon                         the following methods:                               [FR Doc. 2017–02441 Filed 2–6–17; 8:45 am]
                                                                                                                                                            BILLING CODE 8011–01–P
                                               10 ISE  Gemini, LLC (‘‘Gemini’’) is a maker-taker
                                                                                                       Electronic Comments
                                             pricing model exchange similar to MIAX PEARL                • Use the Commission’s Internet
                                             and has similar data products to ToM and PLF
                                             available to Gemini’s users, including the ISE
                                                                                                       comment form (http://www.sec.gov/
                                             Gemini TOP Quote and ISE Gemini Order Feed. See           rules/sro.shtml); or
                                             ISE Gemini Fee Schedule Sections V.A (ISE Gemini            • Send an email to rule-comments@
                                             Order Feed) and V.B (ISE Gemini TOP Quote); see           sec.gov. Please include File Number SR–
                                             Securities Exchange Act Release No. 71087
                                             (December 17, 2013), 78 FR 77545 (December 23,            PEARL–2017–01 on the subject line.
                                             2013) (SR–Topaz–2013–17).
                                               11 Id.
                                                                                                       Paper Comments
                                               12 15 U.S.C. 78s(b)(3)(A).
                                                                                                         • Send paper comments in triplicate
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                                               13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                       to Secretary, Securities and Exchange
                                             4(f)(6) requires a self-regulatory organization to give
                                             the Commission written notice of its intent to file
                                                                                                         14 Seesupra notes 5 and 6.
                                             the proposed rule change at least five business days
                                             prior to the date of filing of the proposed rule            15 Forpurposes only of waiving the 30-day
                                             change, or such shorter time as designated by the         operative delay, the Commission has considered the
                                             Commission. The Exchange has satisfied this               proposed rule’s impact on efficiency, competition,
                                             requirement.                                              and capital formation. See 15 U.S.C. 78c(f).           16 17   CFR 200.30–3(a)(12).



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Document Created: 2017-02-07 00:28:00
Document Modified: 2017-02-07 00:28:00
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 9617 

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