[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Notices]
[Pages 38310-38311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16718]



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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86533; File No. SR-EMERALD-2019-28]


Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Exchange Rule 515, Execution of Orders and Quotes

July 31, 2019.
    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 July 22, 2019, MIAX Emerald, LLC (``MIAX 
Emerald'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') a proposed rule change as described in 
Items I, II, and III below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 515, 
Execution of Orders and Quotes, to make minor, non-substantive edits 
and clarifying changes to the rule text.
    The text of the proposed rule change is available on the Exchange's 
website at http://www.miaxoptions.com/rule-filings/emerald at MIAX 
Emerald's principal office, and at the Commission's Public Reference 
Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 515, Execution of 
Orders and Quotes, to make minor, non-substantive edits and clarifying 
changes to the rule text in order to provide consistency and clarity 
within the rule text. Specifically, the Exchange proposes to make a 
number of minor non-substantive edits to references to ``Rule 515'' 
throughout the rule text. Currently, there are several references in 
Exchange Rule 515 where the rule refers back to itself generally as 
``Rule 515''. The Exchange proposes to amend all general references in 
Exchange Rule 515 that are to ``Rule 515'' that do not refer to any 
particular subsection or paragraph to be replaced with ``this Rule'' in 
order to provide consistency and clarity within the rule text. The 
proposed changes would be to references to ``Rule 515'' that are 
currently in the following subsections and paragraphs in Exchange Rule 
515: Paragraph (a); paragraph (c); subsection (c)(1)(i); subsection 
(c)(1)(ii)(A); subsection (c)(1)(ii)(C)3.; proposed renumbered 
subsection (d)(3)(iii) (as described below); subsection (i)(3)(i); and 
Interpretation and Policy .04.
    Next, the Exchange proposes to amend several paragraphs and 
subsections to make corrective changes to the numerical and 
alphabetical list item identifiers to properly conform to the 
hierarchical heading scheme used throughout the Exchange's rulebook. 
Accordingly, subsections (a)(i) through (a)(iii) will be renumbered as 
(a)(1) through (a)(3); subsections (c)(1)(ii)(A)(A) through 
(c)(1)(ii)(A)(C) will be renumbered as (c)(1)(ii)(A)1. through 
(c)(1)(ii)(A)3.; subsections (c)(1)(ii)(B)(A) through (c)(1)(ii)(B)(D) 
will be renumbered as (c)(1)(ii)(B)1. through (c)(1)(ii)(B)4.; 
subsections (d)(i)(A) through (d)(i)(C) will be renumbered as (d)(1)(i) 
through (d)(1)(iii); subsection (d)(ii) will be renumbered as (d)(2); 
subsections (d)(iii)1. through (d)(iii)4. will be renumbered as 
(d)(3)(i) through (d)(3)(iv); subsections (d)(iv) through (d)(v) will 
be renumbered as (d)(4) through (d)(5); subsections (g)(i) through 
(g)(ii) will be renumbered as (g)(1) through (g)(2); Interpretation and 
Policy .02 subsections (b)(i) through (b)(iv) will be renumbered as 
(b)(1) through (b)(4); Interpretation and Policy .02 subsections (c)(i) 
through (c)(iii) will be renumbered as (c)(1) through (c)(3); and 
Interpretation and Policy .04 subsections (i) through (iii) will be 
renumbered as (a) through (c).
    Next, the Exchange proposes to amend subsection (c)(1)(ii)(C)3. to 
provide a more accurate citation to the subsection that discusses the 
Managed Interest Process when the Exchange receives a new Post-Only OQ 
on the opposite side of the market from a Post-Only Order being managed 
and the new Post-Only OQ locks or crosses the Book price of the resting 
Post-Only Order. In this instance, subsection (c)(1)(ii)(C)3. currently 
provides a citation to subsection (c)(1)(ii), which is the general 
citation to the subsection for the Managed Interest Process. The 
Exchange now proposes to amend that citation to be to be 
``(c)(1)(ii)(B)'' as that subsection is a more accurate citation for 
the Managed Interest Process in this scenario.
    Finally, the Exchange proposes to amend Interpretation and Policy 
.01 to insert brackets around subsections that are to be ``Reserved'' 
to provide consistency throughout the rule text. Other subsections that 
are reserved throughout the Exchange's rulebook are all backeted [sic]. 
Accordingly, the Exchange proposes to insert brackets around 
``Reserved'' in Interpretation and Policy .01.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \3\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \4\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanisms of a free and open market and a national market system and, 
in general, to protect investors and the public interest.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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    The Exchange 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 changes make clarifying edits to the rule text of 
Exchange Rule 515, and correct errors in the hierarchical heading 
scheme and to certain citations to provide uniformity in the Exchange's 
rulebook. The Exchange believes that these proposed changes will 
provide greater clarity to Members and the public regarding the

[[Page 38311]]

Exchange's rules and that it is in the public interest for rules to be 
accurate and concise so as to eliminate the potential for confusion.

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

    The Exchange does not believe that the proposed rule changes will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. Specifically, the Exchange 
believes the proposed changes will not impose any burden on intra-
market competition as there is no functional change to the Exchange's 
System and because the rules of the Exchange apply to all MIAX Emerald 
participants equally. The proposed rule changes will have no impact on 
competition as they are not designed to address any competitive issues 
but rather are designed to remedy minor non-substantive issues and 
provide added clarity to the rule text of Exchange Rule 515. In 
addition, the Exchange does not believe the proposal will impose any 
burden on inter-market competition as the proposal does not address any 
competitive issues and is intended to protect investors by providing 
further transparency regarding the Exchange's functionality.

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 \5\ and Rule 19b-4(f)(6) \6\ 
thereunder.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or 
disapproved.IV. Solicitation of Comments
    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-EMERALD-2019-28 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-EMERALD-2019-28. 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-EMERALD-2019-28 and should be submitted 
on or before August 27, 2019.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-16718 Filed 8-5-19; 8:45 am]
 BILLING CODE 8011-01-P