83_FR_10585 83 FR 10538 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 403, Withdrawal of Approval of Underlying Securities

83 FR 10538 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 403, Withdrawal of Approval of Underlying Securities

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 47 (March 9, 2018)

Page Range10538-10540
FR Document2018-04792

Federal Register, Volume 83 Issue 47 (Friday, March 9, 2018)
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10538-10540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04792]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82814; File No. SR-MIAX-2018-07]


Self-Regulatory Organizations; Miami International Securities 
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Exchange Rule 403, Withdrawal of Approval 
of Underlying Securities

March 6, 2018.
    Pursuant to the provisions of Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice 
is hereby given that on February 21, 2018, Miami International 
Securities Exchange, LLC (``MIAX Options'' or the ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') a proposed 
rule change as described in Items I, II, and III below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 403, 
Withdrawal of Approval of Underlying Securities, to allow the Exchange 
to delist an option class if open for trading on another national 
securities exchange, and to not open for trading or restrict securities 
with open interest to closing transactions, if open for trading solely 
on the Exchange.
    The text of the proposed rule change is available on the Exchange's 
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options' 
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange seeks to amend Rule 403 to add Interpretations and 
Policies .02, to allow the Exchange to delist an option class if it is 
open for trading on another securities exchange; restrict option series 
to closing transactions when an option class is open for trading solely 
on the Exchange and the underlying security continues to meet the 
requirements for approval; restrict series with open interest to 
closing transactions, provided that, opening transactions by Market 
Makers executed to accommodate closing transactions of other market 
participants may be permitted; and to delist the option class when all 
series within that class have expired. The Exchange believes the 
ability to restrict option series to closing transactions when an 
option class is

[[Page 10539]]

open for trading solely on the Exchange and the underlying security 
continues to meet the requirements for approval will allow the Exchange 
to delist option series in a timely and efficient manner. The Exchange 
believes the proposed rule amendment is necessary in connection with 
the listing and trading of option classes that are open for trading 
solely on the Exchange, including, but not limited to, exclusively 
listed cash-settled index option products.\3\ The proposed rule change 
is based on a proposal recently submitted by Cboe Exchange, Inc. 
(``Cboe'').\4\
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    \3\ See Securities Exchange Act Release No. 81371 (August 10, 
2017), 82 FR 38942 (August 16, 2017) (SR-MIAX-2017-39).
    \4\ See Securities Exchange Act Release No. 82346 (December 18, 
2017), 82 FR 60778 (December 22, 2017) (SR-CBOE-2017-076).
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    Currently, whenever the Exchange determines that an underlying 
security previously approved for Exchange options transactions does not 
meet the then current requirements for continuance of such approval or 
for any other reason should no longer be approved, the Exchange will 
not open for trading any additional series of options of the class 
covering that underlying security and may prohibit any opening 
transactions in series of options of that class previously opened 
(except that opening transactions by Market Makers executed to 
accommodate closing transactions of other market participants may be 
permitted). The Exchange seeks to add Interpretations and Policies .02 
to provide that when an option class is trading on another exchange, 
MIAX Options may delist such option class immediately, regardless of 
whether the option class continues to meet the requirements for 
approval. When an option class that no longer meets the requirements 
for approval is trading solely on the Exchange, the Exchange may not 
add any additional series, may restrict series with open interest to 
closing transactions, and may delist any series without open interest. 
However, when an option class continues to meet the requirements for 
approval and is trading solely on the Exchange, the Exchange may not 
restrict series with open interest to closing transactions; instead, 
the Exchange may only delist series with no open interest and determine 
to not open for trading any additional series in that option class, and 
may delist the option class when all series within that class have 
expired.
    There are various business reasons why the Exchange may choose to 
no longer list an option class (e.g., lack of trading interest, lack of 
market-making interest, etc.). The Exchange believes restricting such 
classes to closing transactions will allow open interest to be closed 
in a timelier and more efficient manner. When seeking to delist an 
option class the Exchange believes that restricting series to closing 
transactions is a better way to transition the class to a delisted 
state than the current method of not adding additional series and 
allowing market participants to continue to add new positions in the 
existing series. Restricting trading to closing transactions encourages 
market participants to close transactions, which helps to limit any 
potential negative effects associated with delisting a class. For 
example, restricting trading to closing transactions helps prevent 
market participants from adding new positions that cannot be rolled 
into the following expiration (a common options strategy).
    The Exchange notes that this proposal is consistent with the manner 
in which Rule 403 operates in relation to option classes with 
underlying securities that no longer meet the requirements for 
approval--additional series are not added, series with open interest 
are restricted to closing only, and series without open interest are 
delisted. As proposed, when the Exchange seeks to delist an option 
class with an underlying security that continues to meet the 
requirements for approval the Exchange will not open additional series 
in the option class and will restrict trading to closing transactions.
    Allowing Market Makers to facilitate closing transactions of other 
market participants will help market participants close positions in 
classes that will be delisted by the Exchange, which helps to protect 
investors and the public interest. It is reasonable to restrict series 
to closing only pursuant to current Rule 403 when underlying securities 
no longer meet requirements for approval. The Exchange believes it is 
also reasonable to restrict series to closing when the options class no 
longer satisfies business justifications for listing the class.
    The Exchange will announce the implementation date of the proposed 
rule change by Regulatory Circular to be published no later than 90 
days following the operative date of the proposed rule. The 
implementation date will be no later than 90 days following the 
issuance of the Regulatory Circular.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \5\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \6\ 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. Additionally, 
the Exchange believes the proposed rule change is consistent with 
Section 6(b)(5) \7\ requirements that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
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    In particular, when seeking to delist an option class--whether or 
not the underlying security continues to meet the requirements for 
approval--the Exchange believes that restricting series to closing 
transactions is a better way to transition the class to a delisted 
state than the current method of not adding additional series and 
allowing market participants to continue to add new positions in the 
existing series. Restricting trading to closing transactions encourages 
market participants to close transactions, which helps to limit any 
potential negative effects associated with delisting a class and helps 
to protect customers and the public interest.
    The Exchange notes that this proposal is consistent with the manner 
in which Rule 403 operates in relation to option classes with 
underlying securities that no longer meet the requirements for 
approval--additional series are not added, series with open interest 
are restricted to closing only, and series without open interest are 
delisted. As proposed, when the Exchange seeks to delist an option 
class with an underlying security that continues to meet the 
requirements for approval the Exchange will not open additional series 
in the option class and will restrict trading to closing transactions. 
Also consistent with current Rule 403, opening transactions by Market 
Makers executed to accommodate closing transactions of other market 
participants may be permitted. Allowing Market Makers and market 
participants to facilitate closing transactions will help close 
positions in classes that will be delisted by the Exchange, which helps 
to protect investors and the public interest. It is reasonable to 
restrict series to closing only pursuant to current Rule 403 when 
underlying securities no

[[Page 10540]]

longer meet requirements for approval. The Exchange believes it is also 
reasonable to restrict series to closing when the option class no 
longer satisfies business justifications for listing the class.
    The Exchange also believes the proposed changes promote just and 
equitable principles of trade and remove impediments to and perfect the 
mechanism of a free and open market and a national market system 
because the proposed rule is designed to allow the Exchange to 
facilitate transactions in products solely listed on the Exchange in a 
uniform manner. Additionally, the proposed amendment would foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities and would remove impediments to and perfect 
the mechanism of a free and open market and a national exchange system 
because the proposed amendment would make the rules of Exchange 
consistent with other options exchanges which trade index options.\8\ 
In particular, the Exchange believes that the proposed changes will 
provide greater clarity to Members \9\ and the public regarding the 
Exchange's Rules as they pertain to index options. It is in the public 
interest for rules to be uniform and consistent across options 
exchanges so as to eliminate the potential for confusion.
---------------------------------------------------------------------------

    \8\ See supra note 4.
    \9\ The term ``Member'' means an individual or organization 
approved to exercise the trading rights associated with a Trading 
Permit. Members are deemed ``members'' under the Exchange Act. See 
Exchange Rule 100.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    MIAX Options does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
consistent with the manner in which Rule 403 operates in relation to 
option classes with underlying securities that no longer meet the 
requirements for approval--additional series are not added, series with 
open interest are restricted to closing only, and series without open 
interest are delisted. Also consistent with current Rule 403, opening 
transactions by Market Makers executed to accommodate closing 
transactions of other market participants may be permitted. Allowing 
Market Makers to facilitate closing transactions of other market 
participants will help close positions in classes that will be delisted 
by the Exchange, which helps to protect investors and the public 
interest and does not impose any burden on competition that is not 
necessary or appropriate in furtherance of the purposes of the Act. 
Additionally, the proposed rule change is consistent with the rules of 
other options exchanges that currently list for trading index options, 
therefore, the Exchange believes that this proposed rule change will 
add clarity and uniformity to the rule governing index options.
    The Exchange does not believe that the proposed rule change will 
impose any burden on intermarket competition as the Rules apply equally 
to all Exchange Members.

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

    Written comments were neither solicited nor received.

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

    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 \10\ and Rule 19b-4(f)(6) \11\ 
thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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 rule-comments@sec.gov. Please include 
File Number SR-MIAX-2018-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2018-07. 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 website (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 website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-MIAX-2018-07, and should be submitted on 
or before March 30, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-04792 Filed 3-8-18; 8:45 am]
 BILLING CODE P



                                             10538                            Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices

                                             operative delay. The Exchange stated                    submission, all subsequent                            have been prepared by the Exchange.
                                             that waiver of the operative delay is                   amendments, all written statements                    The Commission is publishing this
                                             consistent with the protection of                       with respect to the proposed rule                     notice to solicit comments on the
                                             investors and the public interest                       change that are filed with the                        proposed rule change from interested
                                             because it would allow the Exchange to                  Commission, and all written                           persons.
                                             implement the proposed rule change                      communications relating to the
                                             upon effectiveness, thus immediately                    proposed rule change between the                      I. Self-Regulatory Organization’s
                                             increasing transparency and creating                    Commission and any person, other than                 Statement of the Terms of Substance of
                                             consistency regarding the rules                         those that may be withheld from the                   the Proposed Rule Change
                                             governing clearly erroneous executions                  public in accordance with the                            The Exchange is filing a proposal to
                                             among Primary Listing Exchanges. The                    provisions of 5 U.S.C. 552, will be                   amend Exchange Rule 403, Withdrawal
                                             Commission believes that waiving the                    available for website viewing and                     of Approval of Underlying Securities, to
                                             30-day operative delay is consistent                    printing in the Commission’s Public                   allow the Exchange to delist an option
                                             with the protection of investors and the                Reference Room, 100 F Street, NE,                     class if open for trading on another
                                             public interest. Accordingly, the                       Washington, DC 20549 on official                      national securities exchange, and to not
                                             Commission hereby waives the                            business days between the hours of                    open for trading or restrict securities
                                             operative delay and designates the                      10:00 a.m. and 3:00 p.m. Copies of such               with open interest to closing
                                             proposal as operative upon filing.28                    filing also will be available for                     transactions, if open for trading solely
                                                At any time within 60 days of the                    inspection and copying at the principal               on the Exchange.
                                             filing of the proposed rule change, the                 office of the Exchange. All comments                     The text of the proposed rule change
                                             Commission summarily may                                received will be posted without change.               is available on the Exchange’s website at
                                             temporarily suspend such rule change if                 Persons submitting comments are                       http://www.miaxoptions.com/rule-
                                             it appears to the Commission that such                  cautioned that we do not redact or edit               filings/ at MIAX Options’ principal
                                             action is necessary or appropriate in the               personal identifying information from                 office, and at the Commission’s Public
                                             public interest, for the protection of                  comment submissions. You should                       Reference Room.
                                             investors, or otherwise in furtherance of               submit only information that you wish
                                             the purposes of the Act. If the                         to make available publicly. All                       II. Self-Regulatory Organization’s
                                             Commission takes such action, the                       submissions should refer to File                      Statement of the Purpose of, and
                                             Commission shall institute proceedings                  Number SR–IEX–2018–05, and should                     Statutory Basis for, the Proposed Rule
                                             to determine whether the proposed rule                  be submitted on or before March 30,                   Change
                                             should be approved or disapproved.                      2018.                                                   In its filing with the Commission, the
                                             IV. Solicitation of Comments                              For the Commission, by the Division of              Exchange included statements
                                                                                                     Trading and Markets, pursuant to delegated            concerning the purpose of and basis for
                                               Interested persons are invited to                     authority.29                                          the proposed rule change and discussed
                                             submit written data, views, and                         Eduardo A. Aleman,                                    any comments it received on the
                                             arguments concerning the foregoing,                                                                           proposed rule change. The text of these
                                                                                                     Assistant Secretary.
                                             including whether the proposed rule                                                                           statements may be examined at the
                                                                                                     [FR Doc. 2018–04793 Filed 3–8–18; 8:45 am]
                                             change is consistent with the Act.                                                                            places specified in Item IV below. The
                                                                                                     BILLING CODE 8011–01–P
                                             Comments may be submitted by any of                                                                           Exchange has prepared summaries, set
                                             the following methods:                                                                                        forth in sections A, B, and C below, of
                                             Electronic Comments                                     SECURITIES AND EXCHANGE                               the most significant aspects of such
                                               • Use the Commission’s internet                       COMMISSION                                            statements.
                                             comment form (http://www.sec.gov/                       [Release No. 34–82814; File No. SR–MIAX–              A. Self-Regulatory Organization’s
                                             rules/sro.shtml); or                                    2018–07]                                              Statement of the Purpose of, and
                                               • Send an email to rule-comments@                                                                           Statutory Basis for, the Proposed Rule
                                             sec.gov. Please include File Number SR–                 Self-Regulatory Organizations; Miami                  Change
                                             IEX–2018–05 on the subject line.                        International Securities Exchange,
                                                                                                     LLC; Notice of Filing and Immediate                   1. Purpose
                                             Paper Comments                                          Effectiveness of a Proposed Rule                         The Exchange seeks to amend Rule
                                               • Send paper comments in triplicate                   Change To Amend Exchange Rule 403,                    403 to add Interpretations and Policies
                                             to Secretary, Securities and Exchange                   Withdrawal of Approval of Underlying                  .02, to allow the Exchange to delist an
                                             Commission, 100 F Street, NE,                           Securities                                            option class if it is open for trading on
                                             Washington, DC 20549–1090.                                                                                    another securities exchange; restrict
                                                                                                     March 6, 2018.
                                             All submissions should refer to File                                                                          option series to closing transactions
                                                                                                        Pursuant to the provisions of Section
                                             Number SR–IEX–2018–05. This file                                                                              when an option class is open for trading
                                                                                                     19(b)(1) of the Securities Exchange Act
                                             number should be included on the                                                                              solely on the Exchange and the
                                                                                                     of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                             subject line if email is used. To help the              thereunder,2 notice is hereby given that              underlying security continues to meet
                                             Commission process and review your                      on February 21, 2018, Miami                           the requirements for approval; restrict
                                             comments more efficiently, please use                   International Securities Exchange, LLC                series with open interest to closing
                                             only one method. The Commission will                    (‘‘MIAX Options’’ or the ‘‘Exchange’’)                transactions, provided that, opening
                                             post all comments on the Commission’s                   filed with the Securities and Exchange                transactions by Market Makers executed
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                                             internet website (http://www.sec.gov/                   Commission (‘‘Commission’’) a                         to accommodate closing transactions of
                                             rules/sro.shtml). Copies of the                         proposed rule change as described in                  other market participants may be
                                                                                                     Items I, II, and III below, which Items               permitted; and to delist the option class
                                                28 For purposes only of waiving the 30-day
                                                                                                                                                           when all series within that class have
                                             operative delay, the Commission has also
                                             considered the proposed rule’s impact on
                                                                                                       29 17 CFR 200.30–3(a)(12).                          expired. The Exchange believes the
                                             efficiency, competition, and capital formation. See       1 15 U.S.C. 78s(b)(1).                              ability to restrict option series to closing
                                             15 U.S.C. 78c(f).                                         2 17 CFR 240.b–4.                                   transactions when an option class is


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                                                                             Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices                                                10539

                                             open for trading solely on the Exchange                 interest, etc.). The Exchange believes                  furthers the objectives of Section 6(b)(5)
                                             and the underlying security continues to                restricting such classes to closing                     of the Act 6 in particular, in that it is
                                             meet the requirements for approval will                 transactions will allow open interest to                designed to prevent fraudulent and
                                             allow the Exchange to delist option                     be closed in a timelier and more                        manipulative acts and practices, to
                                             series in a timely and efficient manner.                efficient manner. When seeking to delist                promote just and equitable principles of
                                             The Exchange believes the proposed                      an option class the Exchange believes                   trade, to foster cooperation and
                                             rule amendment is necessary in                          that restricting series to closing                      coordination with persons engaged in
                                             connection with the listing and trading                 transactions is a better way to transition              facilitating transactions in securities, to
                                             of option classes that are open for                     the class to a delisted state than the                  remove impediments to and perfect the
                                             trading solely on the Exchange,                         current method of not adding additional                 mechanisms of a free and open market
                                             including, but not limited to,                          series and allowing market participants                 and a national market system and, in
                                             exclusively listed cash-settled index                   to continue to add new positions in the                 general, to protect investors and the
                                             option products.3 The proposed rule                     existing series. Restricting trading to                 public interest. Additionally, the
                                             change is based on a proposal recently                  closing transactions encourages market                  Exchange believes the proposed rule
                                             submitted by Cboe Exchange, Inc.                        participants to close transactions, which               change is consistent with Section
                                             (‘‘Cboe’’).4                                            helps to limit any potential negative                   6(b)(5) 7 requirements that the rules of
                                                Currently, whenever the Exchange                     effects associated with delisting a class.              an exchange not be designed to permit
                                             determines that an underlying security                  For example, restricting trading to                     unfair discrimination between
                                             previously approved for Exchange                        closing transactions helps prevent                      customers, issuers, brokers, or dealers.
                                             options transactions does not meet the                  market participants from adding new                        In particular, when seeking to delist
                                             then current requirements for                           positions that cannot be rolled into the                an option class—whether or not the
                                             continuance of such approval or for any                 following expiration (a common options                  underlying security continues to meet
                                             other reason should no longer be                        strategy).                                              the requirements for approval—the
                                             approved, the Exchange will not open                       The Exchange notes that this proposal                Exchange believes that restricting series
                                             for trading any additional series of                    is consistent with the manner in which                  to closing transactions is a better way to
                                             options of the class covering that                      Rule 403 operates in relation to option                 transition the class to a delisted state
                                             underlying security and may prohibit                    classes with underlying securities that                 than the current method of not adding
                                             any opening transactions in series of                   no longer meet the requirements for                     additional series and allowing market
                                             options of that class previously opened                 approval—additional series are not                      participants to continue to add new
                                             (except that opening transactions by                    added, series with open interest are                    positions in the existing series.
                                             Market Makers executed to                               restricted to closing only, and series                  Restricting trading to closing
                                             accommodate closing transactions of                     without open interest are delisted. As                  transactions encourages market
                                             other market participants may be                        proposed, when the Exchange seeks to                    participants to close transactions, which
                                             permitted). The Exchange seeks to add                   delist an option class with an                          helps to limit any potential negative
                                             Interpretations and Policies .02 to                     underlying security that continues to                   effects associated with delisting a class
                                             provide that when an option class is                    meet the requirements for approval the                  and helps to protect customers and the
                                             trading on another exchange, MIAX                       Exchange will not open additional                       public interest.
                                             Options may delist such option class                    series in the option class and will                        The Exchange notes that this proposal
                                             immediately, regardless of whether the                  restrict trading to closing transactions.               is consistent with the manner in which
                                             option class continues to meet the                         Allowing Market Makers to facilitate                 Rule 403 operates in relation to option
                                             requirements for approval. When an                      closing transactions of other market                    classes with underlying securities that
                                             option class that no longer meets the                   participants will help market                           no longer meet the requirements for
                                             requirements for approval is trading                    participants close positions in classes                 approval—additional series are not
                                             solely on the Exchange, the Exchange                    that will be delisted by the Exchange,                  added, series with open interest are
                                             may not add any additional series, may                  which helps to protect investors and the                restricted to closing only, and series
                                             restrict series with open interest to                   public interest. It is reasonable to                    without open interest are delisted. As
                                             closing transactions, and may delist any                restrict series to closing only pursuant                proposed, when the Exchange seeks to
                                             series without open interest. However,                  to current Rule 403 when underlying                     delist an option class with an
                                             when an option class continues to meet                  securities no longer meet requirements                  underlying security that continues to
                                             the requirements for approval and is                    for approval. The Exchange believes it is               meet the requirements for approval the
                                             trading solely on the Exchange, the                     also reasonable to restrict series to                   Exchange will not open additional
                                             Exchange may not restrict series with                   closing when the options class no longer                series in the option class and will
                                             open interest to closing transactions;                  satisfies business justifications for                   restrict trading to closing transactions.
                                             instead, the Exchange may only delist                   listing the class.                                      Also consistent with current Rule 403,
                                             series with no open interest and                           The Exchange will announce the                       opening transactions by Market Makers
                                             determine to not open for trading any                   implementation date of the proposed                     executed to accommodate closing
                                             additional series in that option class,                 rule change by Regulatory Circular to be                transactions of other market participants
                                             and may delist the option class when all                published no later than 90 days                         may be permitted. Allowing Market
                                             series within that class have expired.                  following the operative date of the                     Makers and market participants to
                                                There are various business reasons                   proposed rule. The implementation date                  facilitate closing transactions will help
                                             why the Exchange may choose to no                       will be no later than 90 days following                 close positions in classes that will be
                                             longer list an option class (e.g., lack of              the issuance of the Regulatory Circular.                delisted by the Exchange, which helps
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                                             trading interest, lack of market-making                                                                         to protect investors and the public
                                                                                                     2. Statutory Basis                                      interest. It is reasonable to restrict series
                                               3 See Securities Exchange Act Release No. 81371          The Exchange believes that its                       to closing only pursuant to current Rule
                                             (August 10, 2017), 82 FR 38942 (August 16, 2017)        proposed rule change is consistent with
                                             (SR–MIAX–2017–39).
                                                                                                                                                             403 when underlying securities no
                                               4 See Securities Exchange Act Release No. 82346       Section 6(b) of the Act 5 in general, and
                                                                                                                                                               6 15    U.S.C. 78f(b)(5).
                                             (December 18, 2017), 82 FR 60778 (December 22,
                                             2017) (SR–CBOE–2017–076).                                 5 15   U.S.C. 78f(b).                                   7 Id.




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                                             10540                            Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices

                                             longer meet requirements for approval.                  competition that is not necessary or                      Electronic Comments
                                             The Exchange believes it is also                        appropriate in furtherance of the
                                             reasonable to restrict series to closing                purposes of the Act. Additionally, the                      • Use the Commission’s internet
                                             when the option class no longer satisfies               proposed rule change is consistent with                   comment form (http://www.sec.gov/
                                             business justifications for listing the                 the rules of other options exchanges that                 rules/sro.shtml); or
                                             class.                                                  currently list for trading index options,                   • Send an email to rule-comments@
                                                The Exchange also believes the                       therefore, the Exchange believes that                     sec.gov. Please include File Number SR–
                                             proposed changes promote just and                       this proposed rule change will add                        MIAX–2018–07 on the subject line.
                                             equitable principles of trade and remove                clarity and uniformity to the rule
                                             impediments to and perfect the                          governing index options.                                  Paper Comments
                                             mechanism of a free and open market                       The Exchange does not believe that
                                             and a national market system because                                                                                • Send paper comments in triplicate
                                                                                                     the proposed rule change will impose                      to Secretary, Securities and Exchange
                                             the proposed rule is designed to allow                  any burden on intermarket competition
                                             the Exchange to facilitate transactions in                                                                        Commission, 100 F Street NE,
                                                                                                     as the Rules apply equally to all                         Washington, DC 20549–1090.
                                             products solely listed on the Exchange                  Exchange Members.
                                             in a uniform manner. Additionally, the                                                                            All submissions should refer to File
                                             proposed amendment would foster                         C. Self-Regulatory Organization’s
                                                                                                                                                               Number SR–MIAX–2018–07. This file
                                             cooperation and coordination with                       Statement on Comments on the
                                                                                                                                                               number should be included on the
                                             persons engaged in facilitating                         Proposed Rule Change Received From
                                                                                                     Members, Participants, or Others                          subject line if email is used. To help the
                                             transactions in securities and would
                                             remove impediments to and perfect the                                                                             Commission process and review your
                                                                                                       Written comments were neither                           comments more efficiently, please use
                                             mechanism of a free and open market
                                                                                                     solicited nor received.                                   only one method. The Commission will
                                             and a national exchange system because
                                             the proposed amendment would make                       III. Date of Effectiveness of the                         post all comments on the Commission’s
                                             the rules of Exchange consistent with                   Proposed Rule Change and Timing for                       internet website (http://www.sec.gov/
                                             other options exchanges which trade                     Commission Action                                         rules/sro.shtml). Copies of the
                                             index options.8 In particular, the                                                                                submission, all subsequent
                                             Exchange believes that the proposed                        Because the foregoing proposed rule                    amendments, all written statements
                                             changes will provide greater clarity to                 change does not: (i) Significantly affect                 with respect to the proposed rule
                                             Members 9 and the public regarding the                  the protection of investors or the public                 change that are filed with the
                                             Exchange’s Rules as they pertain to                     interest; (ii) impose any significant                     Commission, and all written
                                             index options. It is in the public interest             burden on competition; and (iii) become                   communications relating to the
                                             for rules to be uniform and consistent                  operative for 30 days after the date of                   proposed rule change between the
                                             across options exchanges so as to                       the filing, or such shorter time as the
                                                                                                                                                               Commission and any person, other than
                                             eliminate the potential for confusion.                  Commission may designate, it has
                                                                                                                                                               those that may be withheld from the
                                                                                                     become effective pursuant to 19(b)(3)(A)
                                             B. Self-Regulatory Organization’s                       of the Act 10 and Rule 19b–4(f)(6) 11                     public in accordance with the
                                             Statement on Burden on Competition                      thereunder.                                               provisions of 5 U.S.C. 552, will be
                                                MIAX Options does not believe that                                                                             available for website viewing and
                                                                                                        At any time within 60 days of the
                                             the proposed rule change will impose                                                                              printing in the Commission’s Public
                                                                                                     filing of the proposed rule change, the
                                             any burden on competition that is not                                                                             Reference Room, 100 F Street NE,
                                                                                                     Commission summarily may
                                             necessary or appropriate in furtherance                 temporarily suspend such rule change if                   Washington, DC 20549 on official
                                             of the purposes of the Act. The                         it appears to the Commission that such                    business days between the hours of
                                             proposed rule change is consistent with                 action is necessary or appropriate in the                 10:00 a.m. and 3:00 p.m. Copies of the
                                             the manner in which Rule 403 operates                   public interest, for the protection of                    filing also will be available for
                                             in relation to option classes with                      investors, or otherwise in furtherance of                 inspection and copying at the principal
                                             underlying securities that no longer                    the purposes of the Act. If the                           office of the Exchange. All comments
                                             meet the requirements for approval—                     Commission takes such action, the                         received will be posted without change.
                                             additional series are not added, series                 Commission shall institute proceedings                    Persons submitting comments are
                                             with open interest are restricted to                    to determine whether the proposed rule                    cautioned that we do not redact or edit
                                             closing only, and series without open                   should be approved or disapproved.                        personal identifying information from
                                             interest are delisted. Also consistent                                                                            comment submissions. You should
                                             with current Rule 403, opening                          IV. Solicitation of Comments
                                                                                                                                                               submit only information that you wish
                                             transactions by Market Makers executed                    Interested persons are invited to                       to make available publicly. All
                                             to accommodate closing transactions of                  submit written data, views, and                           submissions should refer to File
                                             other market participants may be                        arguments concerning the foregoing,                       Number SR–MIAX–2018–07, and
                                             permitted. Allowing Market Makers to                    including whether the proposed rule                       should be submitted on or before March
                                             facilitate closing transactions of other                change is consistent with the Act.
                                             market participants will help close                                                                               30, 2018.
                                                                                                     Comments may be submitted by any of
                                             positions in classes that will be delisted              the following methods:
                                                                                                                                                                 For the Commission, by the Division of
                                             by the Exchange, which helps to protect                                                                           Trading and Markets, pursuant to delegated
                                             investors and the public interest and                     10 15
                                                                                                                                                               authority.12
                                                                                                              U.S.C. 78s(b)(3)(A).
amozie on DSK30RV082PROD with NOTICES




                                             does not impose any burden on                             11 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      Eduardo A. Aleman,
                                                                                                     4(f)(6) requires a self-regulatory organization to give   Assistant Secretary.
                                               8 See supra note 4.                                   the Commission written notice of its intent to file       [FR Doc. 2018–04792 Filed 3–8–18; 8:45 am]
                                               9 The term ‘‘Member’’ means an individual or          the proposed rule change at least five business days
                                             organization approved to exercise the trading rights    prior to the date of filing of the proposed rule          BILLING CODE P
                                             associated with a Trading Permit. Members are           change, or such shorter time as designated by the
                                             deemed ‘‘members’’ under the Exchange Act. See          Commission. The Exchange has satisfied this                 12 17   CFR 200.30–3(a)(12).
                                             Exchange Rule 100.                                      requirement.



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Document Created: 2018-03-09 03:48:48
Document Modified: 2018-03-09 03:48:48
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 Citation83 FR 10538 

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