83_FR_30912 83 FR 30786 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 510 To Extend the Penny Pilot Program

83 FR 30786 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 510 To Extend the Penny Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range30786-30787
FR Document2018-13981

Federal Register, Volume 83 Issue 126 (Friday, June 29, 2018)
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30786-30787]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13981]



[[Page 30786]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83515; File No. SR-MIAX-2018-12]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend MIAX Options Rule 510 To Extend the Penny 
Pilot Program

June 25, 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 June 18, 2018, Miami International Securities 
Exchange, LLC (``MIAX Options'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``Commission'') a proposed rule 
change as described in Items I and II below, which Items have been 
prepared by the Exchange. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Rule 510, 
Interpretations and Policies .01 to extend the pilot program for the 
quoting and trading of certain options in pennies.
    The text of the proposed rule change is available on the Exchange's 
website at http://www.miaxoptions.com/rule-filings, at MIAX's principal 
office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is a participant in an industry-wide pilot program 
that provides for the quoting and trading of certain option classes in 
penny increments (the ``Penny Pilot Program'' or ``Program''). The 
Penny Pilot Program allows the quoting and trading of certain option 
classes in minimum increments of $0.01 for all series in such option 
classes with a price of less than $3.00; and in minimum increments of 
$0.05 for all series in such option classes with a price of $3.00 or 
higher. Options overlying the PowerShares QQQTM (``QQQ''), 
SPDR[reg] S&P 500[reg] ETF (``SPY''), and iShares[reg] Russell 2000 ETF 
(``IWM''), however, are quoted and traded in minimum increments of 
$0.01 for all series regardless of the price. The Penny Pilot Program 
was initiated at the then existing option exchanges in January 2007 \3\ 
and currently includes more than 300 of the most active option classes. 
The Penny Pilot Program is currently scheduled to expire on June 30, 
2018.\4\ The purpose of the proposed rule change is to extend the Penny 
Pilot Program in its current format through December 31, 2018.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release Nos. 55154 (January 23, 
2007), 72 FR 4743 (February 1, 2007) (SR-CBOE-2006-92); 55161 
(January 24, 2007), 72 FR 4754 (February 1, 2007) (SR-ISE-2006-62); 
54886 (December 6, 2006), 71 FR 74979 (December 13, 2006) (SR-Phlx-
2006-74); 54590 (October 12, 2006), 71 FR 61525 (October 18, 2006) 
(SR-NYSEArca-2006-73); and 54741 (November 9, 2006), 71 FR 67176 
(November 20, 2006) (SR-Amex-2006-106).
    \4\ See Securities Exchange Act Release No. 82354 (December 19, 
2017), 82 FR 61058 (December 26, 2017) (SR-MIAX-2017-48) (extending 
the Penny Pilot Program from December 31, 2017 to June 30, 2018).
---------------------------------------------------------------------------

    In addition to the extension of the Penny Pilot Program through 
December 31, 2018, the Exchange proposes to extend one other date in 
the Rule. Currently, Interpretations and Policies .01 states that the 
Exchange will replace any Penny Pilot issues that have been delisted 
with the next most actively traded multiply listed option classes that 
are not yet included in the Penny Pilot Program, and that the 
replacement issues will be selected based on trading activity in the 
previous six months. Such option classes will be added to the Penny 
Pilot Program on the second trading day following January 1, 2018.\5\ 
Because this date has expired and the Exchange intends to continue this 
practice for the duration of the Penny Pilot Program, the Exchange is 
proposing to amend the Rule to reflect that such option classes will be 
added to the Penny Pilot Program on the second trading day following 
July 1, 2018.
---------------------------------------------------------------------------

    \5\ The month immediately preceding a replacement class's 
addition to the Pilot Program (i.e., June) is not used for purposes 
of the six-month analysis. For example, a replacement added on the 
second trading day following July 1, 2018, will be identified based 
on trading activity from December 1, 2017, through May 31, 2018.
---------------------------------------------------------------------------

    The purpose of this provision is to reflect the new date on which 
replacement issues may be added to the Penny Pilot Program.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \6\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \7\ 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the proposed rule change, which extends the Penny 
Pilot Program for six months, allows the Exchange to continue to 
participate in a program that has been viewed as beneficial to traders, 
investors and public customers and viewed as successful by the other 
options exchanges participating in it.

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. Specifically, the Exchange 
believes that, by extending the expiration of the Pilot Program, the 
proposed rule change will allow for further analysis of the Penny Pilot 
Program and a determination of how the Program should be structured in 
the future. In doing so, the proposed rule change will also serve to 
promote regulatory clarity and consistency, thereby reducing burdens on 
the marketplace, facilitating investor protection, and fostering a 
competitive environment. In addition, consistent with previous 
practices, the Exchange believes the other options exchanges

[[Page 30787]]

will be filing similar extensions of the Penny Pilot Program.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\ 
Because the 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 prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally 
does not become operative prior to 30 days after the date of the 
filing.\11\ However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the 
Commission may designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because doing so will allow the Pilot Program to continue without 
interruption in a manner that is consistent with the Commission's prior 
approval of the extension and expansion of the Pilot Program and will 
allow the Exchange and the Commission additional time to analyze the 
impact of the Pilot Program.\13\ Accordingly, the Commission designates 
the proposed rule change as operative upon filing with the 
Commission.\14\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this pre-filing requirement.
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ See Securities Exchange Act Release No. 61061 (November 24, 
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44).
    \14\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under 
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-2018-12 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-2018-12. 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-2018-12 and 
should be submitted on or before July 20, 2018. For the Commission, by 
the Division of Trading and Markets, pursuant to delegated 
authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).

Eduardo A. Aleman,
 Assistant Secretary.
[FR Doc. 2018-13981 Filed 6-28-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                30786                              Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices

                                                SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                        Because this date has expired and the
                                                COMMISSION                                                 Statement of the Purpose of, and                         Exchange intends to continue this
                                                                                                           Statutory Basis for, the Proposed Rule                   practice for the duration of the Penny
                                                [Release No. 34–83515; File No. SR–MIAX–                   Change                                                   Pilot Program, the Exchange is
                                                2018–12]                                                                                                            proposing to amend the Rule to reflect
                                                                                                           1. Purpose
                                                                                                                                                                    that such option classes will be added
                                                Self-Regulatory Organizations; Miami                          The Exchange is a participant in an                   to the Penny Pilot Program on the
                                                International Securities Exchange LLC;                     industry-wide pilot program that                         second trading day following July 1,
                                                Notice of Filing and Immediate                             provides for the quoting and trading of                  2018.
                                                Effectiveness of a Proposed Rule                           certain option classes in penny                            The purpose of this provision is to
                                                                                                           increments (the ‘‘Penny Pilot Program’’                  reflect the new date on which
                                                Change To Amend MIAX Options Rule
                                                                                                           or ‘‘Program’’). The Penny Pilot Program                 replacement issues may be added to the
                                                510 To Extend the Penny Pilot Program
                                                                                                           allows the quoting and trading of certain                Penny Pilot Program.
                                                June 25, 2018,                                             option classes in minimum increments
                                                                                                           of $0.01 for all series in such option                   2. Statutory Basis
                                                   Pursuant to the provisions of Section                   classes with a price of less than $3.00;
                                                19(b)(1) of the Securities Exchange Act                                                                                The Exchange believes that its
                                                                                                           and in minimum increments of $0.05 for                   proposed rule change is consistent with
                                                of 1934 (‘‘Act’’) 1 and Rule 19b–4                         all series in such option classes with a
                                                thereunder,2 notice is hereby given that                                                                            Section 6(b) of the Act 6 in general, and
                                                                                                           price of $3.00 or higher. Options                        furthers the objectives of Section 6(b)(5)
                                                on June 18, 2018, Miami International                      overlying the PowerShares QQQTM                          of the Act 7 in particular, in that it is
                                                Securities Exchange, LLC (‘‘MIAX                           (‘‘QQQ’’), SPDR® S&P 500® ETF                            designed to prevent fraudulent and
                                                Options’’ or ‘‘Exchange’’) filed with the                  (‘‘SPY’’), and iShares® Russell 2000                     manipulative acts and practices, to
                                                Securities and Exchange Commission                         ETF (‘‘IWM’’), however, are quoted and                   promote just and equitable principles of
                                                (‘‘Commission’’) a proposed rule change                    traded in minimum increments of $0.01                    trade, to foster cooperation and
                                                as described in Items I and II below,                      for all series regardless of the price. The              coordination with persons engaged in
                                                which Items have been prepared by the                      Penny Pilot Program was initiated at the                 facilitating transactions in securities, to
                                                Exchange. The Commission is                                then existing option exchanges in                        remove impediments to and perfect the
                                                publishing this notice to solicit                          January 2007 3 and currently includes                    mechanisms of a free and open market
                                                comments on the proposed rule change                       more than 300 of the most active option                  and a national market system and, in
                                                from interested persons.                                   classes. The Penny Pilot Program is                      general, to protect investors and the
                                                                                                           currently scheduled to expire on June                    public interest.
                                                I. Self-Regulatory Organization’s                          30, 2018.4 The purpose of the proposed
                                                Statement of the Terms of Substance of                                                                                 In particular, the proposed rule
                                                                                                           rule change is to extend the Penny Pilot
                                                the Proposed Rule Change                                                                                            change, which extends the Penny Pilot
                                                                                                           Program in its current format through
                                                                                                                                                                    Program for six months, allows the
                                                                                                           December 31, 2018.
                                                   The Exchange is filing a proposal to                                                                             Exchange to continue to participate in a
                                                                                                              In addition to the extension of the
                                                amend Rule 510, Interpretations and                                                                                 program that has been viewed as
                                                                                                           Penny Pilot Program through December
                                                Policies .01 to extend the pilot program                                                                            beneficial to traders, investors and
                                                                                                           31, 2018, the Exchange proposes to
                                                for the quoting and trading of certain                                                                              public customers and viewed as
                                                                                                           extend one other date in the Rule.
                                                options in pennies.                                                                                                 successful by the other options
                                                                                                           Currently, Interpretations and Policies
                                                                                                                                                                    exchanges participating in it.
                                                   The text of the proposed rule change                    .01 states that the Exchange will replace
                                                is available on the Exchange’s website at                  any Penny Pilot issues that have been                    B. Self-Regulatory Organization’s
                                                http://www.miaxoptions.com/rule-                           delisted with the next most actively                     Statement on Burden on Competition
                                                filings, at MIAX’s principal office, and                   traded multiply listed option classes
                                                                                                           that are not yet included in the Penny                     MIAX Options does not believe that
                                                at the Commission’s Public Reference                                                                                the proposed rule change will impose
                                                Room.                                                      Pilot Program, and that the replacement
                                                                                                           issues will be selected based on trading                 any burden on competition that is not
                                                II. Self-Regulatory Organization’s                         activity in the previous six months.                     necessary or appropriate in furtherance
                                                Statement of the Purpose of, and                           Such option classes will be added to the                 of the purposes of the Act. Specifically,
                                                Statutory Basis for, the Proposed Rule                     Penny Pilot Program on the second                        the Exchange believes that, by extending
                                                Change                                                     trading day following January 1, 2018.5                  the expiration of the Pilot Program, the
                                                                                                                                                                    proposed rule change will allow for
                                                  In its filing with the Commission, the                      3 See Securities Exchange Act Release Nos. 55154      further analysis of the Penny Pilot
                                                Exchange included statements                               (January 23, 2007), 72 FR 4743 (February 1, 2007)        Program and a determination of how the
                                                concerning the purpose of and basis for                    (SR–CBOE–2006–92); 55161 (January 24, 2007), 72          Program should be structured in the
                                                                                                           FR 4754 (February 1, 2007) (SR–ISE–2006–62);             future. In doing so, the proposed rule
                                                the proposed rule change and discussed                     54886 (December 6, 2006), 71 FR 74979 (December
                                                any comments it received on the                            13, 2006) (SR–Phlx–2006–74); 54590 (October 12,          change will also serve to promote
                                                proposed rule change. The text of these                    2006), 71 FR 61525 (October 18, 2006) (SR–               regulatory clarity and consistency,
                                                statements may be examined at the                          NYSEArca–2006–73); and 54741 (November 9,                thereby reducing burdens on the
                                                                                                           2006), 71 FR 67176 (November 20, 2006) (SR–              marketplace, facilitating investor
                                                places specified in Item IV below. The                     Amex–2006–106).
                                                Exchange has prepared summaries, set                          4 See Securities Exchange Act Release No. 82354       protection, and fostering a competitive
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           (December 19, 2017), 82 FR 61058 (December 26,           environment. In addition, consistent
                                                forth in sections A, B, and C below, of
                                                                                                           2017) (SR–MIAX–2017–48) (extending the Penny             with previous practices, the Exchange
                                                the most significant aspects of such                       Pilot Program from December 31, 2017 to June 30,         believes the other options exchanges
                                                statements.                                                2018).
                                                                                                              5 The month immediately preceding a

                                                                                                           replacement class’s addition to the Pilot Program        identified based on trading activity from December
                                                                                                           (i.e., June) is not used for purposes of the six-month   1, 2017, through May 31, 2018.
                                                  1 15   U.S.C. 78s(b)(1).                                                                                             6 15 U.S.C. 78f(b).
                                                                                                           analysis. For example, a replacement added on the
                                                  2 17   CFR 240.19b–4.                                    second trading day following July 1, 2018, will be          7 15 U.S.C. 78f(b)(5).




                                           VerDate Sep<11>2014      17:58 Jun 28, 2018   Jkt 244001   PO 00000   Frm 00104   Fmt 4703   Sfmt 4703   E:\FR\FM\29JNN1.SGM    29JNN1


                                                                                 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices                                                 30787

                                                will be filing similar extensions of the                the Pilot Program.13 Accordingly, the                  those that may be withheld from the
                                                Penny Pilot Program.                                    Commission designates the proposed                     public in accordance with the
                                                                                                        rule change as operative upon filing                   provisions of 5 U.S.C. 552, will be
                                                C. Self-Regulatory Organization’s                       with the Commission.14                                 available for website viewing and
                                                Statement on Comments on the                               At any time within 60 days of the                   printing in the Commission’s Public
                                                Proposed Rule Change Received From                      filing of such proposed rule change, the               Reference Room, 100 F Street NE,
                                                Members, Participants, or Others                        Commission summarily may                               Washington, DC 20549, on official
                                                  Written comments were neither                         temporarily suspend such rule change if                business days between the hours of
                                                solicited nor received.                                 it appears to the Commission that such                 10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                        action is necessary or appropriate in the              filing also will be available for
                                                III. Date of Effectiveness of the                       public interest, for the protection of                 inspection and copying at the principal
                                                Proposed Rule Change and Timing for                     investors, or otherwise in furtherance of              office of the Exchange. All comments
                                                Commission Action                                       the purposes of the Act. If the                        received will be posted without change.
                                                                                                        Commission takes such action, the                      Persons submitting comments are
                                                   The Exchange has filed the proposed                  Commission shall institute proceedings                 cautioned that we do not redact or edit
                                                rule change pursuant to Section                         under Section 19(b)(2)(B) 15 of the Act to             personal identifying information from
                                                19(b)(3)(A)(iii) of the Act 8 and Rule                  determine whether the proposed rule                    comment submissions. You should
                                                19b–4(f)(6) thereunder.9 Because the                    change should be approved or                           submit only information that you wish
                                                proposed rule change does not: (i)                      disapproved.                                           to make available publicly.
                                                Significantly affect the protection of                                                                            All submissions should refer to File
                                                investors or the public interest; (ii)                  IV. Solicitation of Comments
                                                                                                                                                               Number SR–MIAX–2018–12 and should
                                                impose any significant burden on                          Interested persons are invited to                    be submitted on or before July 20, 2018.
                                                competition; and (iii) become operative                 submit written data, views, and                        For the Commission, by the Division of
                                                prior to 30 days from the date on which                 arguments concerning the foregoing,                    Trading and Markets, pursuant to
                                                it was filed, or such shorter time as the               including whether the proposed rule                    delegated authority.16
                                                Commission may designate, if                            change is consistent with the Act.
                                                consistent with the protection of                       Comments may be submitted by any of                    Eduardo A. Aleman,
                                                investors and the public interest, the                  the following methods:                                 Assistant Secretary.
                                                proposed rule change has become                                                                                [FR Doc. 2018–13981 Filed 6–28–18; 8:45 am]
                                                                                                        Electronic Comments
                                                effective pursuant to Section 19(b)(3)(A)                                                                      BILLING CODE 8011–01–P
                                                of the Act and Rule 19b–4(f)(6)(iii)                      • Use the Commission’s internet
                                                thereunder.                                             comment form (http://www.sec.gov/
                                                   A proposed rule change filed under                   rules/sro.shtml); or                                   SECURITIES AND EXCHANGE
                                                                                                          • Send an email to rule-comments@                    COMMISSION
                                                Rule 19b–4(f)(6) 10 normally does not
                                                                                                        sec.gov. Please include File Number SR–
                                                become operative prior to 30 days after
                                                                                                        MIAX–2018–12 on the subject line.                      [Release No. 34–83505; File No. SR–CBOE–
                                                the date of the filing.11 However,
                                                pursuant to Rule 19b–4(f)(6)(iii),12 the                Paper Comments                                         2018–046]
                                                Commission may designate a shorter                        • Send paper comments in triplicate
                                                time if such action is consistent with the                                                                     Self-Regulatory Organizations; Cboe
                                                                                                        to Secretary, Securities and Exchange                  Exchange, Inc.; Notice of Filing and
                                                protection of investors and the public                  Commission, 100 F Street NE,
                                                interest. The Exchange has asked the                                                                           Immediate Effectiveness of a Proposed
                                                                                                        Washington, DC 20549–1090.                             Rule Change Relating to Exchange
                                                Commission to waive the 30-day
                                                operative delay so that the proposal may                All submissions should refer to File                   Rule 6.2., Hybrid Opening (and
                                                become operative immediately upon                       Number SR–MIAX–2018–12. This file                      Sometimes Closing) System (‘‘HOSS’’)
                                                filing. The Commission believes that                    number should be included on the
                                                                                                        subject line if email is used. To help the             June 25, 2018.
                                                waiving the 30-day operative delay is                                                                             Pursuant to Section 19(b)(1) of the
                                                                                                        Commission process and review your
                                                consistent with the protection of                                                                              Securities Exchange Act of 1934 (the
                                                                                                        comments more efficiently, please use
                                                investors and the public interest                                                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                because doing so will allow the Pilot                   only one method. The Commission will
                                                                                                        post all comments on the Commission’s                  notice is hereby given that on June 15,
                                                Program to continue without                                                                                    2018, Cboe Exchange, Inc. (the
                                                                                                        internet website (http://www.sec.gov/
                                                interruption in a manner that is                                                                               ‘‘Exchange’’ or ‘‘Cboe Options’’) filed
                                                                                                        rules/sro.shtml). Copies of the
                                                consistent with the Commission’s prior                                                                         with the Securities and Exchange
                                                                                                        submission, all subsequent
                                                approval of the extension and expansion                                                                        Commission (the ‘‘Commission’’) the
                                                                                                        amendments, all written statements
                                                of the Pilot Program and will allow the                                                                        proposed rule change as described in
                                                                                                        with respect to the proposed rule
                                                Exchange and the Commission                                                                                    Items I and II below, which Items have
                                                                                                        change that are filed with the
                                                additional time to analyze the impact of                                                                       been prepared by the Exchange. The
                                                                                                        Commission, and all written
                                                                                                        communications relating to the                         Exchange filed the proposal pursuant to
                                                  8 15  U.S.C. 78s(b)(3)(A)(iii).
                                                  9 17
                                                                                                        proposed rule change between the                       Section 19(b)(3)(A)(iii) of the Act 3 and
                                                        CFR 240.19b–4(f)(6).
                                                  10 17 CFR 240.19b–4(f)(6).                            Commission and any person, other than                  Rule 19b–4(f)(6) thereunder.4 The
                                                  11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                            Commission is publishing this notice to
sradovich on DSK3GMQ082PROD with NOTICES




                                                4(f)(6)(iii) requires the Exchange to give the             13 See Securities Exchange Act Release No. 61061    solicit comments on the proposed rule
                                                Commission written notice of the Exchange’s intent      (November 24, 2009), 74 FR 62857 (December 1,          change from interested persons.
                                                to file the proposed rule change along with a brief     2009) (SR–NYSEArca–2009–44).
                                                description and the text of the proposed rule              14 For purposes only of waiving the operative
                                                                                                                                                                 16 17
                                                change, at least five business days prior to the date   delay for this proposal, the Commission has                    CFR 200.30–3(a)(12).
                                                                                                                                                                 1 15 U.S.C. 78s(b)(1).
                                                of filing of the proposed rule change, or such          considered the proposed rule’s impact on
                                                                                                                                                                 2 17 CFR 240.19b–4.
                                                shorter time as designated by the Commission. The       efficiency, competition, and capital formation. See
                                                Exchange has satisfied this pre-filing requirement.     15 U.S.C. 78c(f).                                        3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                  12 17 CFR 240.19b–4(f)(6)(iii).                          15 15 U.S.C. 78s(b)(2)(B).                            4 17 CFR 240.19b–4(f)(6).




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Document Created: 2018-06-29 01:14:01
Document Modified: 2018-06-29 01:14:01
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 30786 

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