[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74224-74225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23816]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98792; File No. SR-MIAX-2023-42]


Self-Regulatory Organizations; Miami International Securities 
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Delay Implementation of an Amendment to Rule 
518, Complex Orders, To Permit Legging Through the Simple Market

October 24, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 12, 2023, Miami International Securities Exchange LLC 
(``MIAX'' or the ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the self-
regulatory organization. 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 delay implementation of the 
change to allow a component of a complex order \3\ that legs into the 
Simple Order Book \4\ to execute at a price that is outside the 
NBBO.\5\
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    \3\ A ``complex order'' is any order involving the concurrent 
purchase and/or sale of two or more different options in the same 
underlying security (the ``legs'' or ``components'' of the complex 
order), for the same account, in a ratio that is equal to or greater 
than one-to-three (.333) and less than or equal to three-to-one 
(3.00) and for the purposes of executing a particular investment 
strategy. Mini-options may only be part of a complex order that 
includes other mini-options. Only those complex orders in the 
classes designated by the Exchange and communicated to Members via 
Regulatory Circular with no more than the applicable number of legs, 
as determined by the Exchange on a class-by-class basis and 
communicated to Members via Regulatory Circular, are eligible for 
processing. See Exchange Rule 518(a)(5).
    \4\ The ``Simple Order Book'' is the Exchange's regular 
electronic book of orders and quotes. See Exchange Rule 518(a)(15).
    \5\ The term ``NBBO'' means the national best bid or offer as 
calculated by the Exchange based on market information received by 
the Exchange from the appropriate Securities Information Processor 
(``SIP''). See Exchange Rule 518(a)(14).
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    The text of the proposed rule change is available on the Exchange's 
website at https://www.miaxglobal.com/markets/us-options/miax-options/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
    On October 22, 2019, the Exchange filed a proposed rule change to 
amend subsection (c)(2)(iii) of Exchange Rule 518, Complex Orders, to 
remove the provision which provides that a component of a complex order 
that legs into the Simple Order Book may not execute at a price that is 
outside the NBBO.\6\ The proposed rule change indicated that the 
Exchange would 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. The Exchange filed to delay the implementation of 
this functionality and the latest proposal delayed implementation until 
the third quarter of 2023.\7\ The Exchange now proposes to again delay 
the implementation of this functionality until the fourth quarter of 
2024, at the latest.
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    \6\ See Securities Exchange Release No. 87440 (November 1, 
2019), 84 FR 60117 (November 7, 2019) (SR-MIAX-2019-45).
    \7\ See Securities Exchange Release Nos. 94939 (May 18, 2022), 
87 FR 31590 (May 24, 2022) (SR-MIAX-2022-21); No. 96490 (December 
13, 2022), 87 FR 77648 (December 19, 2022) (SR-MIAX-2022-46).
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    The Exchange proposes this delay in order to allow the Exchange to 
reprioritize its software delivery and release schedule as a result of 
a shift in priorities at the Exchange. The Exchange will issue a 
Regulatory Circular notifying market participants at least 45 days 
prior to implementing this functionality.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \8\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \9\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in, securities, to remove impediments to and 
perfect the mechanisms of a free and open market and a national market 
system and, in general, to protect investors and the public interest by 
allowing the Exchange additional time to plan and implement the 
proposed functionality.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange's proposal to 
delay the implementation of the proposed functionality does not impose 
an undue burden on competition. Delaying the implementation will simply 
allow the Exchange additional time to properly plan and implement the 
proposed functionality.
    The Exchange does not believe that the proposed rule change will 
impose any burden on intramarket competition as the delay will apply 
equally to all Members of the Exchange.
    The Exchange does not believe that the proposed rule change will 
impose any burden on intermarket competition as the proposal is to 
delay the implementation of approved functionality which affects MIAX 
Members only and does not impact intermarket competition.

[[Page 74225]]

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 from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \10\ and Rule 
19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally 
does not become operative for 30 days after the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. Rule 19b-4(f)(6)(iii) 
also requires a self-regulatory organization to provide the Commission 
with written notice of its intent to file a proposed rule change, along 
with a brief description and 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.
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange has asked the Commission to waive both the five-
business day pre-filing requirement and the 30-day operative delay to 
allow the Exchange to provide an immediate update regarding the 
implementation of the functionality, which would eliminate potential 
confusion regarding the implementation of the proposal. The Exchange 
states that delaying the implementation of the functionality will allow 
the Exchange to reprioritize its software delivery and release schedule 
and provide the Exchange additional time to plan and implement the 
functionality.
    The Commission waives the five-business day pre-filing requirement. 
In addition, the Commission finds that it is consistent with the 
protection of investors and the public interest to waive the 30-day 
operative delay. As discussed above, the Exchange amended its rules in 
2019 to allow the component legs of a complex order to execute at a 
price that is outside the NBBO when they execute against interest on 
the Exchange's Simple Order Book.\14\ The Exchange has delayed the 
implementation of this functionality several times, most recently until 
the third quarter of 2023.\15\ Waiver of the operative delay will allow 
the Exchange to immediately notify its members of the delay in 
implementing the functionality, which could help to avoid confusion 
regarding its implementation. Therefore, the Commission waives the 30-
day operative delay and designates the proposal operative upon 
filing.\16\
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    \14\ See supra note 6.
    \15\ See supra note 7.
    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
file number SR-MIAX-2023-42 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-2023-42. 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 (https://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 
a.m. and 3 p.m. Copies of the filing also will be available for 
inspection and copying at the principal office of the Exchange. Do not 
include personal identifiable information in submissions; you should 
submit only information that you wish to make available publicly. We 
may redact in part or withhold entirely from publication submitted 
material that is obscene or subject to copyright protection. All 
submissions should refer to file number SR-MIAX-2023-42 and should be 
submitted on or before November 20, 2023.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-23816 Filed 10-27-23; 8:45 am]
BILLING CODE 8011-01-P