[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1507-1508]
[FR Doc No: 2021-00122]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0417]

Request for Nominations on the National Mammography Quality
Assurance Advisory Committee

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is requesting that any
industry organizations interested in participating in the selection of
nonvoting industry representatives to serve on the National Mammography
Quality Assurance Advisory Committee in the Center for Devices and
Radiological Health notify FDA in writing. FDA is also requesting
nominations for nonvoting industry representatives to serve on the
National Mammography Quality Assurance Advisory Committee. A nominee
may either be self-nominated or nominated by an organization to serve
as a nonvoting industry representative. Nominations will be accepted
for current vacancies effective with this notice.

DATES: Any industry organization interested in participating in the
selection of appropriate nonvoting members to represent industry
interests must send a letter stating that interest to FDA by February
8, 2021 (see sections I and II of this document for further details).
Concurrently, nomination materials for prospective candidates should be
sent to FDA by February 8, 2021.

ADDRESSES: All statements of interest from industry organizations
interested in participating in the selection process of nonvoting
industry representative nominations should be sent to Margaret Ames
(see FOR FURTHER INFORMATION

CONTACT). All nominations for nonvoting industry representatives should
be submitted electronically by accessing the FDA Advisory Committee
Membership Nomination Portal: https://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm or by mail to Advisory Committee
Oversight and Management Staff, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993-0002.
Information about becoming a member of an FDA advisory committee can
also be obtained by visiting FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm.

FOR FURTHER INFORMATION CONTACT: Margaret Ames, Division of Management
Services, Center for Devices and Radiological Health, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5213, Silver
Spring, MD 20993,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Agency is requesting nominations for
nonvoting industry representative on the National Mammography Quality
Assurance Advisory Committee:

I. General Description of the Committee Duties

    The Committee shall advise FDA on: (1) Developing appropriate
quality standards and regulations for mammography facilities; (2)
developing appropriate standards and regulations for bodies accrediting
mammography facilities under this program; (3) developing regulations
with respect to sanctions; (4) developing procedures for monitoring
compliance with standards; (5) establishing a mechanism to investigate
consumer complaints; (6) reporting new developments concerning breast
imaging that should be considered in the oversight of mammography
facilities; (7) determining whether there exists a shortage of
mammography facilities in rural and health professional shortage areas
and determining the effects of personnel on access to the services of
such facilities in these areas; (8) determining whether there will
exist a sufficient number of medical physicists after October 1, 1999;
and (9) determining the costs and benefits of compliance with these
requirements.

II. Selection Procedure

    Any industry organization interested in participating in the
selection of an appropriate nonvoting member to represent industry
interests should send a letter stating that interest to the FDA contact
(see FOR FURTHER INFORMATION CONTACT) within 30 days of publication of
this document (see DATES). Within the subsequent 30 days, FDA will send
a letter to each organization that has expressed an interest, attaching
a complete list of all such organizations; and a list of all nominees
along with their current r[eacute]sum[eacute]s. The letter will also
state that it is the responsibility of the interested organizations to
confer with one another and to select a candidate, within 60 days after
the receipt of the FDA letter, to serve as the nonvoting member to
represent industry interests for the committee. The interested
organizations are not bound by the list of nominees in selecting a
candidate. However, if no individual is selected within 60 days, the
Commissioner will select the nonvoting member to represent industry
interests.

III. Nomination Procedure

    Individuals may self-nominate and/or an organization may nominate
one or more individuals to serve as a nonvoting industry
representative. Nominations must include a current, complete
r[eacute]sum[eacute] or curriculum vitae for each nominee including
current business address and telephone number, email address if
available, and a signed copy of the Acknowledgement and Consent form
available at the FDA Advisory Nomination Portal (see ADDRESSES).
Nominations must also specify the advisory committee for which the
nominee is recommended. Nominations must also acknowledge that the
nominee is aware of the nomination unless self-nominated. FDA will
forward all nominations to the organizations expressing interest in
participating in the selection process for the committee. (Persons who
nominate themselves as nonvoting industry representatives will not
participate in the selection process.)
    FDA seeks to include the views of women and men, members of all
racial and ethnic groups, and individuals with and without disabilities
on its advisory committees and therefore encourages nominations of
appropriately qualified candidates from these groups. Specifically, in
this document, nominations for a nonvoting representative of industry
interests are encouraged from the mammography manufacturing industry.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: January 4, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-00122 Filed 1-7-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Page 36147]
[FR Doc No: 2021-14569]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0016]

Meetings To Implement Pandemic Response Voluntary Agreement Under
Section 708 of the Defense Production Act

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Announcement of meetings; correction.

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SUMMARY: The Federal Emergency Management Agency (FEMA) published a
document in the Federal Register of July 2, 2021, concerning an
announcement of meetings to implement the Voluntary Agreement for the
Manufacture and Distribution of Critical Healthcare Resources Necessary
to Respond to a Pandemic. The document incorrectly listed certain
meetings.

FOR FURTHER INFORMATION CONTACT: Robert Glenn, Office of Business,
Industry, Infrastructure Integration, via email at<EMAIL_ADDRESS>or
via phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register of July 2, 2021, in FR Doc. 2021-14251 on
page 35309, in the second column, correct the DATES caption to read:

DATES: The schedule for these meetings is as follows:
     The first meeting took place on Tuesday, June 22, 2021,
from 2 to 4 p.m. Eastern Time (ET).
     The second meeting took place on Wednesday, June 23, 2021,
from 11 a.m. to 1 p.m. ET.
     The third meeting will take place on Tuesday, July 20,
2021, from 11 a.m. to 1 p.m. ET.
     The fourth meeting will take place on Thursday, July 22,
2021, from 2 to 4 p.m. ET.
     The fifth meeting will take place on Tuesday, August 3,
2021, from 11 a.m. to 1 p.m. ET.
     The sixth meeting will take place on Thursday, August 5,
2021, from 2 to 4 p.m. ET.

    Dated: July 2, 2021.
Shabnaum Q. Amjad,
Acting Associate Chief Counsel, Regulatory Affairs Division, Office of
Chief Counsel, Federal Emergency Management Agency.
[FR Doc. 2021-14569 Filed 7-7-21; 8:45 am]
BILLING CODE 9111-19-P


[Federal Register Volume 83, Number 16 (Wednesday, January 24, 2018)]
[Notices]
[Page 3341]
[FR Doc No: 2018-01251]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-664-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; Steamboat
Hills, LLC

    This is a supplemental notice in the above-referenced proceeding of
Steamboat Hills, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 6, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website thatenables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, pleaseemail
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: January 18, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-01251 Filed 1-23-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Page 73121]
[FR Doc No: 2016-25557]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4282-DR; Docket ID FEMA-2016-0001]

Hawaii; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Hawaii (FEMA-4282-DR), dated October 6, 2016,
and related determinations.

DATES: Effective Date: October 6, 2016.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 6, 2016, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Hawaii resulting from severe storms, flooding, landslides, and
mudslides during the period of September 11-14, 2016, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Hawaii.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Dr. Ahsha N. Tribble, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Hawaii have been designated as
adversely affected by this major disaster:

    Maui County for Public Assistance.

    All areas within the State of Hawaii are eligible for assistance
under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-25557 Filed 10-21-16; 8:45 am]
 BILLING CODE 9111-23-P


--------------------------------------------------------------------------------
Natural Gas STAR Methane Challenge Program
--------------------------------------------------------------------------------
Implementation Plan Template  -  BMP Commitment
Partner Implementation Manager:
Name:

Title:

Address:

City/State/Zip:

Telephone/Fax:

                                                                        E-mail:

Methane Challenge Commitments

                                    Source
                                  Start Date
                               Achievement Year
                              Onshore Production

Pneumatic Controllers

Equipment Leaks/Fugitive Emissions

Liquids Unloading

Pneumatic Pumps

Fixed Roof, Atmospheric Pressure Hydrocarbon Liquid Storage Tanks

                            Gathering and Boosting

Pneumatic Controllers

Equipment Leaks/Fugitive Emissions

Pneumatic Pumps

Fixed Roof, Atmospheric Pressure Hydrocarbon Liquid Storage Tanks

Reciprocating Compressors - Rod Packing Vent

Centrifugal Compressors - Venting

                         Natural Gas (NG) Processing

Reciprocating Compressors - Rod Packing Vent

Centrifugal Compressors - Venting

                  NG Transmission & Underground Storage

Reciprocating Compressors - Rod Packing Vent

Centrifugal Compressors - Venting

Equipment Leaks/Fugitive Emissions

Transmission Pipeline Blowdowns between Compressor Stations

Pneumatic Controllers

                               NG Distribution

M&R Stations/City Gates

Mains  -  Cast Iron and Unprotected Steel (Commitment Rate:              )

Services  -  Cast Iron and Unprotected Steel

Distribution Pipeline Blowdowns (Commitment Rate:              )

Excavation Damages

Milestones/Timeframes for Meeting Commitments:
[Provide information on steps for achieving commitments such as anticipated rate of progress, key milestones, or other context (e.g., referencing work to be done during the next planned shutdown of a facility).]

Additional Information/Context (optional):
[Use this space, if desired, to provide other information about Program participation, such as plans for expanding Methane Challenge commitments, how historical actions informed Methane Challenge commitments, or other information on how the Program will be implemented.]


[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55866-55872]
[FR Doc No: 2022-19581]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95679; File No. SR-PEARL-2022-34]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 2614, Orders and Order Instructions, To Adopt the Primary Peg
Order Type

September 6, 2022.
    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 August 26, 2022 MIAX PEARL, LLC (``MIAX Pearl'' or the ``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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposed rule change to amend Exchange
Rule 2614, Orders and Order Instructions, to adopt the Primary Peg
Order Type.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL'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 currently offers one type of pegging order on its
equity trading platform (``MIAX Pearl Equities''), the Midpoint Peg
Order, which is automatically re-priced in response to changes in the
Protected Best Bid or Offer (``PBBO'').\3\ Exchange Rule 2614(a)(3)
sets forth the operation of the Midpoint Peg Order and, in sum, defines
it as a ``non-displayed Limit Order that is assigned a working price
pegged to the midpoint of the PBBO.''
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    \3\ See Exchange Rule 1901 (stating ``the term `Protected NBB'
or `PBB' shall mean the national best bid that is a Protected
Quotation, the term `Protected NBO' or `PBO' shall mean the national
best offer that is a Protected Quotation, and the term `Protected
NBBO' or `PBBO' shall mean the national best bid and offer that is a
Protected Quotation.'').
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    The Exchange now proposes to adopt a second type of pegging order,
the Primary Peg Order. In sum, a Primary Peg Order would be a Limit
Order \4\ that is assigned a working price pegged to the Protected Best
Bid (``PBB''),\5\ for a buy order, or the Protected Best Offer
(``PBO''),\6\ for a sell order. The proposed operation of the Primary
Peg Order is well established in the equity markets and is based on
similar functionality offered at other exchanges.\7\
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    \4\ See Exchange Rule 2614(a)(1) (describing the operation of a
Limit Order).
    \5\ See Exchange Rule 1901, supra note 3.
    \6\ Id.
    \7\ See, e.g., Cboe BYX Exchange, Inc. (``BYX'') and Cboe BZX
Exchange, Inc. (``BZX'') Rules 11.9(c)(8)(a), Cboe EDGA Exchange,
Inc. (``EDGA'') and Cboe EDGX Exchange, Inc. (``EDGX'', collectively
with BYX, BZX, and EDGA, the ``Cboe Equity Exchanges'') Rules
11.6(j)(2), New York Stock Exchange LLC (``NYSE'') Rule 7.31(h),
NYSE Arca, Inc. (``NYSE Arca'') Rule 7.31-E(h)(1), Investors
Exchange, Inc. (``IEX'') Rule 11.190(a)(3), The NASDAQ Stock Market
LLC (``NASDAQ'') Rule 4703(d), and MEMX LLC (``MEMX'') Rule 11.6(h).
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    Some characteristics of the Primary Peg Order would be identical to
the Midpoint Peg Order, such as its operation during a locked or
crossed market, and each of these identical characteristics are
described below. Rather than describe identical behavior separately
under different rules, and to ensure its rules are concise, thorough,
and easy to understand, the Exchange proposes to amend Exchange Rule
2614(a)(3) to describe ``Pegged Orders'' generally as a standalone
order type category and describe the operation of the existing Midpoint
Peg Order and proposed Primary Peg Order. The Exchange proposes to
amend certain provisions of Exchange Rule 2614(a)(3) to cover identical
characteristics shared by both Primary Peg and Midpoint Peg Orders.\8\
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    \8\ The Exchange notes that other exchanges have described
pegged order functionality similarly within their rules and have
combined the description of the various pegged order types they
offer under the same rule. See, e.g., IEX Rule 11.190(a)(3), and
NASDAQ Rule 4703(d). The Exchange also proposes to renumber certain
provisions in Exchange Rule 2614(a)(3) as a result of this change.
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    Exchange Rule 2614(a)(3) would define a Pegged Order as ``an order
that is automatically re-priced in response to changes in the PBBO.''
\9\ Both the existing Midpoint Peg Order and proposed Primary Peg Order
would be described under Exchange Rule 2614(a)(3)(A), which would be
titled ``Types of Pegged Orders''. The description of the Midpoint Peg
Order under current Exchange Rule 2614(a)(3) would now be under
Exchange Rule 2614(a)(3)(A)(i) with one change. Exchange Rule
2614(a)(3) currently provides that ``[a] Midpoint Peg Order receives a
new timestamp each time its working price changes in response to
changes to the midpoint of the PBBO.'' A Primary Peg Order would also
receive a new timestamp each time its working price changes in response
to changes in the PBBO. Therefore, the Exchange proposes to replace
this provision with a general provision under Exchange Rule 2614(a)(3)
that would cover all Pegged Orders and would state, ``[a] Pegged Order
receives a new timestamp each time its working price changes in
response to changes in the PBBO.'' \10\
---------------------------------------------------------------------------

    \9\ This is consistent with similar provisions in other
exchanges' rules regarding pegged orders. See, e.g., MEMX Rule
11.6(h), EDGA and EGDX Rules 11.6(j).
    \10\ This is consistent with similar provisions in other
exchanges' rules regarding pegged orders. See, e.g., NASDAQ Rule
4703(d), and EDGA and EGDX Rules 11.6(j).

---------------------------------------------------------------------------

    The operation of the Primary Peg Order would be described under
Exchange Rule 2614(a)(3)(A)(ii) and provide that a Primary Peg Order
would be a Limit Order and include a limit price. In this case, the
limit price would function like a cap on the price at which the Primary
Peg Order may be pegged or executed. Exchange Rule 2614(a)(3)(A)(ii)
would define a Primary Peg Order as ``[a] Limit Order to buy (sell)
that is assigned a working price pegged to the PBB (PBO), subject to
its limit price.'' The Exchange proposes to not allow the working price
of a Primary Peg Order to buy (sell) to be pegged to a displayed
Primary Peg Order to buy (sell) resting on the MIAX Pearl Equities
Book.\11\ Therefore, Exchange Rule 2614(a)(3)(A)(ii) would further
provide that for purposes of determining the working price of a Primary
Peg Order to buy (sell), the Exchange will not take into account a
displayed Primary Peg Order to buy (sell) resting on the MIAX Pearl
Equities Book.
---------------------------------------------------------------------------

    \11\ This is similar to the treatment of Pegged Orders,
including Primary Peg Orders, on EDGA and EDGX. See EDGA and EDGX
Rules 11.6(j)(2) (providing that ``[f]or purposes of the Pegged
instruction, the System's calculation of the NBBO does not take into
account any orders with Pegged instructions that are resting on the
EDGX Book'').
---------------------------------------------------------------------------

    Exchange Rule 2614(a)(3)(A)(ii)(a) and (b) would further describe
the operation of a Primary Peg Order's limit price. Exchange Rule
2614(a)(3)(A)(ii)(a) would provide that a Primary Peg Order to buy
(sell) with a limit price that is equal to or higher (lower) than its
pegged price will be assigned a working price equal to its pegged price
and may execute up (down) to and including its pegged price subject to
its limit price. Exchange Rule 2614(a)(3)(A)(ii)(a) would further
provide that a Primary Peg Order to buy (sell) with a limit price that
is lower (higher) than its pegged price will be assigned a working
price equal to its limit price and may execute up (down) to its limit
price.
    Exchange Rule 2614(a)(3)(A)(ii)(b) would provide that an Aggressing
Primary Peg Order \12\ to buy (sell) will trade with resting orders to
sell (buy) with a working price at or below (above) its working price.
A resting Primary Peg Order to buy (sell) will trade at its working
price against all Aggressing Orders to sell (buy) priced at or below
(above) its working price.
---------------------------------------------------------------------------

    \12\ See Exchange Rule 1901 (stating that ``[a]n `Aggressing
Order' is an order to buy (sell) that is or becomes marketable
against sell (buy) interest on the MIAX Pearl Equities Book. A
resting order may become an Aggressing Order if its working price
changes, if the PBBO or NBBO is updated, because of changes to other
orders on the MIAX Pearl Equities Book, or when processing inbound
messages'').
---------------------------------------------------------------------------

    Primary Peg Orders may be displayed or non-displayed on the MIAX
Pearl Equities Book. The Exchange proposes to allow Primary Peg Orders
to include an offset, which would allow a Primary Peg Order to be
pegged to a price that is away from the PBB or PBO that it is pegged
to. Exchange Rule 2614(a)(3)(A)(ii)(c) would provide that a User \13\
may, but is not required to, select an offset equal to or greater than
one minimum price variation (``MPV'') for the security, as defined in
Exchange Rule 2612.\14\ The offset would be referred to as the Primary
Offset Amount.\15\
---------------------------------------------------------------------------

    \13\ See Exchange Rule 1901 (stating the ``term `User' shall
mean any Member or Sponsored Participant who is authorized to obtain
access to the System pursuant to Exchange Rule 2602'').
    \14\ Exchange Rule 2612 provides that ``(a) [b]ids, offers,
orders or indications of interests in securities traded on the
Exchange shall not be made in an increment smaller than: (1) $0.01
if those bids, offers or indications of interests are priced equal
to or greater than $1.00 per share; or (2) $0.0001 if those bids,
offers or indications of interests are priced less than $1.00 per
share and the security is an NMS stock pursuant to Rule 600(b)(48)
of Regulation NMS and is trading on the Exchange; or (3) Any other
increment established by the Commission for any security which has
been granted an exemption from the minimum price increments
requirements of Rule 612(a) or 612(b) of Regulation NMS.''
    \15\ This is consistent with similar provisions in other
exchanges' rules regarding Primary Peg Orders. See, e.g., EDGA and
EDGX Rules 11.6(j)(2).
---------------------------------------------------------------------------

    Non-displayed would be the default behavior for a Primary Peg
Order.\16\ Therefore, Exchange Rule 2614(a)(3)(A)(ii)(d) would provide
that ``[a] Primary Peg Order will be non-displayed on the MIAX Pearl
Equities Book, unless the User elects that the order be displayed.''
Exchange Rule 2614(a)(3)(A)(ii)(d) would further provide that ``[a]
displayed Primary Peg Order may be designated as Attributable.'' In
such case, the Exchange would include the User's Market Participant
Identifier (``MPID'') with the displayed Primary Peg Order or identify
such order as Retail on an Exchange proprietary data feed.\17\
---------------------------------------------------------------------------

    \16\ This is consistent with similar provisions in other
exchanges' rules regarding Primary Peg Orders. See, e.g., IEX Rule
11.190(a)(3).
    \17\ See Exchange Rule 2614(c)(5) (describing the term
``Attributable'' as ``[a]n instruction to include the User's MPID
with an order that is designated for display (price and size) on an
Exchange proprietary data feed''). See also Exchange Rule 2626(f)
(providing, in sum, that ``[a] Retail Member Organization may
designate a Retail Order to be identified as Retail on the
Exchange's proprietary data feeds . . .'').
---------------------------------------------------------------------------

    The direction of the Primary Offset Amount would depend on whether
the Primary Peg Order was displayed or non-displayed. Exchange Rule
2614(a)(3)(A)(ii)(c) would, therefore, describe the Primary Offset
Amount behavior for non-displayed Primary Peg Orders and provide that
the Primary Offset Amount for a non-displayed Primary Peg Order may be
above or below the PBB or PBO that the order is pegged to. Exchange
Rule 2614(a)(3)(A)(ii)(c) would also describe the Primary Offset Amount
behavior for displayed Primary Peg Orders and further provide that the
Primary Offset Amount for a displayed Primary Peg Order to buy (sell)
must result in the working price of such order being inferior to or
equal to the PBB (PBO).\18\ Conversely, the Primary Offset Amount for a
non-displayed order will have no such requirement and may result in the
working price of a Primary Peg Order to buy (sell) being superior or
better than the PBB (PBO). Lastly with regard to Primary Offset
Amounts, the Exchange proposes to engage in standard rounding where the
Primary Offset Amounts are not in an applicable MPV. Therefore,
Exchange Rule 2614(a)(3)(A)(ii)(c) would provide that the Primary
Offset Amount for an order to buy (sell) that is not in the applicable
MPV for the security will be rounded down (up) to the nearest price at
the applicable MPV.\19\
---------------------------------------------------------------------------

    \18\ This is consistent with similar provisions in other
exchange's rules regarding Primary Peg Orders. See, e.g., BYX and
BYX Rules 11.9(c)(8)(a), and EDGA and EDGX Rules 11.6(j)(2).
    \19\ This is consistent with similar provisions in the
Exchange's Rules regarding rounding. See Exchange Rules
2614(a)(1)(I)(iv) (providing that ``Limit Order Price Protection
thresholds for an order to buy (sell) that is not in the minimum
price variation (`MPV') for the security, as defined in Exchange
Rule 2616, will be rounded down (up) to the nearest price at the
applicable MPV''); and 2618(b)(1)(C) (providing that ``[t]he Trading
Collar Price for an order to buy (sell) that is not in the minimum
price variation (`MPV') for the security, as defined in Exchange
Rule 2612, will be rounded down (up) to the nearest price at the
applicable MPV''). The Exchange notes that for securities priced at
or above $1.00, a Primary Offset Amount that is not in the
applicable MPV for the security could result in the Primary Offset
Amount being rounded to zero when zero is the nearest price at the
applicable MPV.
---------------------------------------------------------------------------

Re-Pricing for Regulatory Compliance
    As stated above, a Primary Peg Order would be a Limit Order.
Therefore, Primary Peg Orders would be subject to the same existing re-
pricing processes that apply to Limit Orders to comply with certain
regulatory requirements, such as Rule 610 of Regulation NMS's
prohibition on locked or crossed markets, Rule 201 of Regulation SHO's
price requirements, and the Limit-Up Limit-Down Plan.\20\ The Exchange

proposes to set forth these requirements under Exchange Rule
2614(a)(3)(A)(ii)(e) through (h) for clarity and to ensure the
Exchange's Rules fully describe the operation of Primary Peg Orders.
---------------------------------------------------------------------------

    \20\ This is consistent with similar provisions in other
exchanges' rules regarding Primary Peg Orders. See, e.g., NASDAQ's
Price to Comply Order, Price To Display Order, Non-Displayed Order,
and Post Only Order under NASDAQ Rule 4702, all of which may include
a Primary Pegging instruction and require that the order be re-
priced in compliance with Rule 610 of Regulation NMS or to avoid a
non-displayed internally crossed book. See also NASDAQ Rule 4702
(providing that ``[a]ll Orders are also subject to cancellation and/
or repricing and reentry onto the NASDAQ Book in the circumstances
described in Rule 4120(a)(12) (providing for compliance with Plan to
Address Extraordinary Market Volatility) and Rule 4763 (providing
for compliance with Regulation SHO)''). See, e.g., EDGA and EDGX
Rules 11.6(j)(2) (providing that when their book ``is crossed by
another market, an order with a Primary Peg instruction will be
automatically adjusted to the current NBO (for bids) or the current
NBB (for offers)'').
---------------------------------------------------------------------------

    Proposed Exchange Rule 2614(a)(3)(A)(ii)(e) would link the re-
pricing of Primary Peg Orders to avoid a locked and crossed market in
compliance with Rule 610 of Regulation NMS to the Exchange's Displayed
Price Sliding Process described under Exchange Rule 2614(g)(1). One
example of when a Primary Peg Order would be re-priced pursuant to the
Exchange's Displayed Price Sliding Process is when the market is locked
upon entry or becomes locked when the Primary Peg Order is resting on
the MIAX Pearl Equities Book, the Exchange is not displaying an order
to buy (sell) at the PBB (PBO), and the Primary Peg Order is eligible
for execution during a locked market. In this scenario, a Primary Peg
Order to buy (sell) would normally be pegged to the PBB (PBO) of an
away market that is displaying an order at the locking price. However,
the Exchange would not peg the Primary Peg Order to its pegged price as
that would result in the Primary Peg Order joining the locked market.
The order would instead be re-priced pursuant to the Exchange's
Displayed Price Sliding Process.
    The re-pricing would be identical to that for Limit Orders with two
differences.\21\ Exchange Rule 2614(g)(1)(A) provides that ``[t]he
working and displayed prices of an order subject to the Display Price
Sliding Process may be adjusted once or multiple times depending upon
the instructions of a User and changes to the prevailing PBBO.''
Primary Peg Orders that are re-priced pursuant to the Display Price
Sliding Process would have their working and displayed prices adjusted
multiple times in response to changes to the PBBO. The Exchange
believes this behavior is appropriate given that Primary Peg Orders by
their nature are to be re-priced multiple times. Specifically, a
Primary Peg Order to buy (sell) would have its working price adjusted
each time there is a change to the PBB (PBO) when not being re-priced
pursuant to the Display Price Sliding Process. Unlike for Limit Orders,
the Exchange does not propose to allow Users to instruct the Exchange
to cancel their orders if the order is to be re-priced pursuant to the
Displayed Price Sliding Process because such orders are not eligible
for execution when the market is crossed and, when elected by the User,
not eligible for execution when the market is locked. A User may cancel
their order at any time, including when the market is locked or
crossed. The Exchange also believes these differences are consistent
with Equity Members' \22\ expectations and with the operation of
Primary Peg Orders that are to be continuously re-priced in response to
changes in the PBBO. The Exchange also understands Equity Members are
likely not to elect automatic cancellation. These differences are also
consistent with the treatment of Primary Peg Orders on other equity
exchanges.\23\ To codify this behavior, proposed Exchange Rule
2614(a)(3)(A)(ii)(e) would provide that ``[a] Primary Peg Order to buy
(sell) that, if displayed at its pegged price on the MIAX Pearl
Equities Book, would lock or cross the PBO (PBB) of an away Trading
Center will be re-priced multiple times pursuant to the Display Price
Sliding Process.''
---------------------------------------------------------------------------

    \21\ See Exchange Rule 2614(a)(1)(E).
    \22\ The term ``Equity Member'' is a Member authorized by the
Exchange to transact business on MIAX Pearl Equities. See Exchange
Rule 1901.
    \23\ See, e.g., EDGX Rule 11.6(j)(2) (providing for re-pricing
each time the price of the Primary Peg Order locks or crosses an
away market and not including a provision allowing for the automatic
cancellation of a Primary Peg Order when it is to be re-priced).
This is consistent with similar provisions in other exchanges' rules
regarding Primary Peg Orders. See also, e.g., NASDAQ's Price to
Comply Order which may include a Primary Pegging instruction under
NASDAQ Rule 4702(b)(1)(B) (providing that ``[i]f the entered limit
price of the Price to Comply Order locked or crossed a Protected
Quotation and the NBBO changes, the displayed and non-displayed
price of the Price to Comply Order will be adjusted repeatedly in
accordance with changes to the NBBO'').
---------------------------------------------------------------------------

    Next, proposed Exchange Rule 2614(a)(3)(A)(ii)(f) would link the
re-pricing of Primary Peg Orders to the Exchange's Short Sale Price
Sliding Process designed to comply with Rule 201 of Regulation SHO
described under Exchange Rule 2614(g)(3) during a time when a short
sale price test restriction under Rule 201 of Regulation SHO is in
effect (``Short Sale Period''). An example of when a displayed Primary
Peg Order would be re-priced pursuant to the Exchange's Short Sale
Price Sliding Process upon entry \24\ is when the market is locked and
the Primary Peg Order is eligible for execution during a locked market
and its pegged price would result in its being executed or displayed at
a price equal to the PBB. Another example of when a Primary Peg Order
would be re-priced pursuant to the Exchange's Short Sale Price Sliding
Process when resting on the MIAX Pearl Equities Book is when the
Primary Peg Order to sell is non-displayed and includes a Primary
Offset Amount that would result in its being executable at a price
equal to or below the PBB. The re-pricing would be identical to that
for Limit Orders with one difference.\25\ Unlike for Limit Orders, the
Exchange does not propose to allow Users to instruct the Exchange to
cancel their orders if the order is to be re-priced pursuant to the
Short Sale Price Sliding Process. The Exchange believes this difference
is consistent with Equity Members' expectations and with the operation
of Primary Peg Orders that are to be continuously re-priced in response
to changes in the PBBO. The Exchange also understands Equity Members
are likely not to elect automatic cancellation. It is also consistent
with the proposed treatment of Primary Peg Orders that are to be re-
priced pursuant to the Displayed Price Sliding Process described above.
The Exchange notes that a User may cancel their order at any time,
including during a Short Sale Period. Proposed Exchange Rule
2614(a)(3)(A)(ii)(f) would provide that ``[d]uring a Short Sale Period,
as defined in Exchange Rule 2614(g)(3)(A), a Primary Peg Order to sell
that is designated as short and cannot be executed or displayed on the
MIAX Pearl Equities Book at its pegged price pursuant to Rule 201 of
Regulation SHO will be re-priced multiple times to a Permitted Price,
as defined in Exchange Rule 2614(g)(3)(A), pursuant to the Short Sale
Price Sliding Process.''
---------------------------------------------------------------------------

    \24\ A displayed Primary Peg Order resting on the MIAX Pearl
Equities Book would stand its ground and not be re-priced pursuant
to the Exchange's Short Sale Price Sliding Process if the PBB
changes so that it would be priced below the PBB. See Exchange Rule
2614(g)(3)(C) (providing that ``[d]uring a Short Sale Period, a
short sale order will be executed and displayed without regard to
price if, at the time of initial display of the short sale order,
the order was at a price above the then current National Best
Bid'').
    \25\ See Exchange Rule 2614(a)(1)(F).
---------------------------------------------------------------------------

    Next, proposed Exchange Rule 2614(a)(3)(A)(ii)(g) would link the
re-pricing of non-displayed Primary Peg Orders to the Exchange's Non-
Displayed Price Sliding Process described under Exchange Rule
2614(g)(2). An example of when a Primary Peg Order would be re-priced
pursuant to the Exchange's Non-Displayed Price Sliding Process is when
a non-displayed Primary Peg

Order to buy (sell) contains a Primary Offset Amount that would result
in the Primary Peg Order crossing a displayed sell (buy) order of an
away market. In such case, the Primary Peg Order would be re-priced to
the locking price. The re-pricing would be identical to that for non-
displayed Limit Orders with no differences.\26\ Proposed Exchange Rule
2614(a)(3)(A)(ii)(g) would provide that ``[a] non-displayed Primary Peg
Order to buy (sell) that, if posted to the MIAX Pearl Equities Book,
would cross the PBO (PBB) of an away Trading Center will be re-priced
pursuant to the Non-Displayed Order Price Sliding Process.''
---------------------------------------------------------------------------

    \26\ See Exchange Rule 2614(a)(1)(G). The Exchange notes that
Exchange Rule 2614(a)(1)(G) does not provide that the User may
affirmatively elect to cancel their order where it is to be re-
priced pursuant to the Non-Displayed Price Sliding Process.
---------------------------------------------------------------------------

    Lastly with regard to re-pricing, proposed Exchange Rule
2614(a)(3)(A)(ii)(h) would link the re-pricing of Primary Peg Orders to
the Exchange's re-pricing to comply with the Limit-Up Limit-Down Plan
described under Exchange Rule 2622(h). The re-pricing would be
identical to that for Limit Orders with one difference.\27\ Unlike for
Limit Orders, the Exchange does not propose to allow Users to instruct
the Exchange to cancel their orders if the order is to be re-priced
pursuant to Exchange Rule 2622(h). The Exchange believes this
difference is consistent with Equity Members' expectations and with the
operation of Primary Peg Orders that are to be continuously re-priced
in response to changes in the PBBO. The Exchange also understands
Equity Members are likely not to elect automatic cancellation. It is
also consistent with the proposed treatment of Primary Peg Orders that
are to be re-priced pursuant to the Displayed Price Sliding and Short
Sale Price Sliding Processes described above. The Exchange notes that a
User may cancel their order at any time, including when the order is
re-priced pursuant to Exchange Rule 2622(h). Proposed Exchange Rule
2614(a)(3)(A)(ii)(h) would provide that ``[a] Primary Peg Order to buy
(sell) that is priced above (below) the Upper (Lower) Price Band shall
be re-priced pursuant to Exchange Rule 2622(h).''
---------------------------------------------------------------------------

    \27\ See Exchange Rule 2614(a)(1)(H).
---------------------------------------------------------------------------

Other Proposed Changes to Exchange Rules 2614(a)(3)
    The Exchange also proposes a series of changes to Exchange Rules
2614(a)(3)(C) through (F) that apply to Midpoint Peg Orders to include
proposed behavior for Primary Peg Orders that would be similar or
identical to that of Midpoint Peg Orders and, where appropriate, to
apply to Pegged Orders generally. The Exchange also proposes to
renumber these paragraphs due to the proposal to describe both Primary
Peg Orders and Midpoint Peg Orders under the same rule.
    Exchange Rule 2614(a)(3)(C) currently discusses the handling of
Midpoint Peg Orders when the PBB and/or PBO is unavailable and when the
PBBO is locked or crossed. Primary Peg Orders would be treated
similarly when the PBB and/or PBO is unavailable and when the PBBO is
locked or crossed. Therefore, the Exchange proposes to amend Exchange
Rule 2614(a)(3)(C) to also cover Primary Peg Orders as follows. First,
Exchange Rule 2614(a)(3)(C) currently provides that a Midpoint Peg
Order will be accepted but will not be eligible for execution when the
PBB and/or PBO is not available.\28\ Similarly, the Exchange proposes
to amend Exchange Rule 2614(a)(3)(C) to further provide that a Primary
Peg Order will be accepted but will not be eligible for execution when
the PBB or PBO it is pegged to is not available.\29\
---------------------------------------------------------------------------

    \28\ A Primary Peg Order to buy (sell) with a time-in-force of
IOC will be cancelled if received during a time when the PBB (PBO)
is not available.
    \29\ This is consistent with similar provisions in other
exchanges' rules regarding Primary Peg Orders. See, e.g., EDGA and
EDGX Rules 11.6(j)(2).
---------------------------------------------------------------------------

    Next, Exchange Rule 2614(a)(3)(C) currently provides that a
Midpoint Peg Order will be accepted but will not be eligible for
execution when the PBBO is crossed and, if instructed by the User, when
the PBBO is locked. This would also be true for Primary Peg Orders.
Therefore, the Exchange proposes to amend this portion of Exchange Rule
2614(a)(3)(C) to apply to Pegged Orders generally, which would include
both Midpoint Peg and Primary Peg Orders, and provide that all Pegged
Orders will be accepted but will not be eligible for execution when the
PBBO is crossed, and, if instructed by the User, when the PBBO is
locked.
    Next, Exchange Rule 2614(a)(3)(C) currently provides a Midpoint Peg
Order that is eligible for execution when the PBBO is locked will be
executable at the locking price. This would also be true for Primary
Peg Orders that are eligible for execution during a locked market.
Therefore, the Exchange proposes to amend this portion of Exchange Rule
2614(a)(3)(C) to apply to Pegged Orders generally by replacing
``Midpoint Peg Orders'' with ``Pegged Orders.''
    Next, Exchange Rule 2614(a)(3)(C) currently provides a Midpoint Peg
Order will become eligible for execution and receive a new timestamp
when the PBB and/or PBO both become available, or the PBBO unlocks \30\
or uncrosses and a new midpoint of the PBBO is established. This would
also be true for Primary Peg Orders, other than the requirement that a
new midpoint of the PBBO be established following when the market
unlocks or uncrosses because this requirement is unique to the
operation of Midpoint Peg Orders whose working price is pegged to the
midpoint of the PBBO. Therefore, the Exchange proposes to amend this
portion of Exchange Rule 2614(a)(3)(C) to apply to Pegged Orders
generally by replacing ``Midpoint Peg Orders'' with ``Pegged Orders''
and retain the requirement for Midpoint Peg Orders to provide that a
Pegged Order will become eligible for execution and receive a new
timestamp when the PBBO or [sic] uncrosses and to further specify when
a Pegged Order would receive a new timestamp. Exchange Rule
2614(a)(3)(C) would specify that a Pegged Order that was not eligible
for execution during a locked market will become eligible for execution
and receive a new timestamp when the PBBO unlocks.\31\ Exchange Rule
2614(a)(3)(C) would further specify that a Primary Peg Order will
become eligible for execution and receive a new timestamp when the PBB
or PBO it is pegged to becomes available and that a Midpoint Peg Order
will become eligible for execution and receive a new timestamp when a
new midpoint of the PBBO is established.
---------------------------------------------------------------------------

    \30\ This would apply to a Midpoint Peg Order and Primary Peg
Order that the User elects not be eligible for execution when the
PBBO is locked.
    \31\ The Exchange notes that a Primary Peg Order that is
eligible for execution when the PBBO is locked will not receive a
new timestamp.
---------------------------------------------------------------------------

    Lastly, Exchange Rule 2614(a)(3)(C) further provides that in such
case, pursuant to Exchange Rule 2616, all such Midpoint Peg Orders will
retain their priority as compared to each other based upon the time
priority of such orders immediately prior to being deemed not eligible
for execution as set forth in this subparagraph (C). Again, the same
would be true for Primary Peg Orders. Therefore, the Exchange proposes
to amend this portion of Exchange Rule 2614(a)(3)(C) to apply to Pegged
Orders generally by replacing ``Midpoint Peg Orders'' with ``Pegged
Orders'' and to specify that this provision would apply to each of the
scenarios set forth in the preceding paragraph. The Exchange also
proposes to renumber Exchange Rule 2614(a)(3)(C) as Exchange Rule
2614(a)(3)(B) and update a cross-reference within this paragraph.

    Exchange Rule 2614(a)(3)(D) sets forth which time-in-force
instructions may be included for a Midpoint Peg Order. Specifically,
Exchange Rule 2614(a)(3)(D) provides that Midpoint Peg Order may
include a time-in-force of Immediate-or-Cancel (``IOC'') \32\ or
Regular Hours Only (``RHO'') \33\ and that a Midpoint Peg Order with a
time-in-force of RHO is eligible to participate in the Opening Process
under Exchange Rule 2615. Exchange Rule 2614(a)(3)(D) further provides
that a Midpoint Peg Order is eligible to participate in the Regular
Trading Session. Each of these above provisions would be true for
Primary Peg Orders.\34\ Therefore, the Exchange proposes to amend
Exchange Rule 2614(a)(3)(D) to apply to Pegged Orders generally by
replacing ``Midpoint Peg Orders'' with ``Pegged Orders.'' The Exchange
also proposes to renumber Exchange Rule 2614(a)(3)(D) as Exchange Rule
2614(a)(3)(C).
---------------------------------------------------------------------------

    \32\ See Exchange Rule 2614(b)(1) (describing IOC as ``[a]n
order that is to be executed in whole or in part as soon as such
order is received. The portion not executed immediately on the
Exchange or another Trading Center is treated as cancelled and is
not posted to the MIAX Pearl Equities Book'').
    \33\ See Exchange Rule 2614(b)(2) (describing RHO as ``[a]n
order that is designated for execution only during Regular Trading
Hours, which includes the Opening Process for equity securities'').
    \34\ A Primary Peg Order would be treated like a Limit Order
during the Opening Process and would be executable at the midpoint
of the PBBO subject to its limit price. Primary Peg Orders with a
time-in-force of RHO and a Post Only or Minimum Execution Quantity
instruction would not be eligible to participate in the Opening
Process. See Exchange Rule 2615(a)(1).
---------------------------------------------------------------------------

    Exchange Rule 2614(a)(3)(E) provides that a Midpoint Peg Order may
be entered as an odd lot, round lot, or mixed lot. Again, the same
would be true for Primary Peg Orders. Therefore, the Exchange proposes
to amend this portion of Exchange Rule 2614(a)(3)(E) to apply to Pegged
Orders generally by replacing ``Midpoint Peg Orders'' with ``Pegged
Orders.'' Exchange Rule 2614(a)(3)(E) further provides that a Midpoint
Peg Order may include a Minimum Execution Quantity \35\ instruction.
Midpoint Peg Orders are non-displayed and the Minimum Execution
Quantity instruction is only available to non-displayed orders. The
Minimum Execution Quantity instruction would, likewise, be available to
a non-displayed Primary Peg Order. Therefore, the Exchange proposes to
amend this portion of Exchange Rule 2614(a)(3)(E) to apply to non-
displayed Pegged Orders generally by replacing ``Midpoint Peg Orders''
with ``non-displayed Pegged Orders'', which would include both Midpoint
Peg and non-displayed Primary Peg Orders. The Exchange also proposes to
renumber Exchange Rule 2614(a)(3)(E) as Exchange Rule 2614(a)(3)(D).
---------------------------------------------------------------------------

    \35\ See Exchange Rule 2614(c)(11) (describing Minimum Execution
Quantity as ``[a]n instruction a User may attach to a non-displayed
order requiring the System to execute the order only to the extent
that a minimum quantity can be satisfied'').
---------------------------------------------------------------------------

    Finally, Exchange Rule 2614(a)(3)(F) provides that Midpoint Peg
Orders are not eligible for routing pursuant to Exchange Rule 2617(b)
and Midpoint Peg Orders may be designated as Post Only. Again, both
would be true for Primary Peg Orders. Therefore, the Exchange proposes
to amend Exchange Rule 2614(a)(3)(F) to apply to Pegged Orders
generally by replacing ``Midpoint Peg Orders'' with ``Pegged Orders.''
The Exchange also proposes to renumber Exchange Rule 2614(a)(3)(F) as
Exchange Rule 2614(a)(3)(E).
Priority
    MIAX Pearl Equities provides a price/time priority execution model
under which all non-marketable orders resting on the MIAX Pearl
Equities Book are ranked and maintained based in following manner: (1)
price; (2) priority category; (3) time; and (4) ranking restrictions
applicable to an order or modifier condition. As such, trading interest
within a priority category is executed in price/time priority, meaning
all trading interest at the best price level within a priority category
is executed in time sequence before executing trading interest within
the next priority category. The Exchange maintains two priority
categories, displayed and non-displayed orders, where a displayed Limit
Order at its displayed price has priority over a non-displayed Limit
Order at that same price. As discussed above, Primary Peg Orders would
be Limit Orders and, therefore, subject to the same priority treatment.
A displayed Primary Peg Order would be provided displayed priority
pursuant to Exchange Rule 2616(a)(2)(A)(i) and a non-displayed Primary
Peg Order would be provided non-displayed priority pursuant to Exchange
Rule 2616(a)(2)(A)(ii). The Exchange does not propose to make any
changes to Exchange Rule 2616 regarding the priority of displayed and
non-displayed orders and simply seeks to provide clarity in this
proposal regarding the priority treatment of Primary Peg Orders.
Implementation
    Due to the technological changes associated with this proposed
change, the Exchange will issue a trading alert publicly announcing the
implementation date of this proposed rule change. The Exchange
anticipates that the implementation date will be in either the fourth
quarter of 2022 or first quarter of 2023.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\36\ in general, and furthers the objectives of Section
6(b)(5),\37\ in particular, because 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 mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule change
would remove impediments to and promote just and equitable principles
of trade because it would provide market participants with optional
functionality that would provide them with better control over their
orders. The proposed Primary Peg Order would allow Equity Members to
rest passively on the MIAX Pearl Equities Book at or near the same-side
of the PBBO and remain available to execute against an incoming order
seeking to cross the spread and execute at prices equal to or more
aggressive (from the taker's perspective) than such quote. The proposed
Primary Peg Order would also provide price improvement opportunities to
incoming orders where the Primary Peg Order is non-displayed and
included a Primary Offset Amount superior to the PBB or PBO it is
pegged to. The Exchange believes that adding a Primary Peg Order would
incentivize Equity Members and their customers to post more passive
resting liquidity on the Exchange that is priced to execute at or near
the primary quote, and consequently may result in greater execution
opportunities at the far side quote for Equity Members entering spread
crossing orders. Therefore, the Exchange believes the proposal promotes
just and equitable principles of trade, removes impediments to and
perfect the mechanism of a free and open market and a national market
system.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78f(b).
    \37\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Because the Exchange does not have this functionality, the Exchange
believes that market participants have avoided sending order flow to
the Exchange in favor of other equity exchanges that provide Primary
Peg Order functionality. In this regard, the

Exchange notes that the proposed new optional Primary Peg Order may
improve the Exchange's market by attracting more order flow. Such new
order flow will further enhance the depth and liquidity on the
Exchange, which supports just and equitable principles of trade and
benefits all market participants. Furthermore, the proposed Primary Peg
Order is consistent with providing market participants with greater
flexibility over their orders so that they may achieve their trading
goals and improve the quality of their executions.
    Lastly, the Exchange believes its proposal promotes just and
equitable principles of trade because the proposed operation of the
Primary Peg Order presents no new or novel issues because this order
type is well established in the equity markets and its proposed
operation is based on the same order type offered by other
exchanges.\38\ The Exchange does not propose to include any unique
functionality as part of its proposed Primary Peg Order. For example,
the Exchange does not propose any unique priority treatment for Primary
Peg Orders as they are considered Limit Orders and will be provided the
same priority treatment under existing Exchange Rule 2616(a). As
described throughout the proposal, all portions of the proposed rule
text are based on existing Exchange Rules regarding Midpoint Peg Orders
and the rules of other equity exchanges. To the extent the Exchange
proposes to include a provision that is not included in another equity
exchanges' rules, it proposes to do so simply to align the behavior
with the existing Midpoint Peg Order handling or to provide additional
transparency while not deviating from functionality offered by other
equity exchanges, but perhaps not fully described in their rules.
Therefore, the Exchange believes the proposed rule change is consistent
with the Act.
---------------------------------------------------------------------------

    \38\ See supra note 7.
---------------------------------------------------------------------------

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. In fact, the Exchange
believes that the proposal may have a positive effect on competition
because it will enable the Exchange to offer functionality
substantially similar to that offered by the Cboe Equity Exchanges, the
NYSE Exchanges, NASDAQ, MEMX, and IEX.\39\ As noted above, the Exchange
believes its lack of this functionality has put it at a competitive
disadvantage as market participants have avoided sending passively
priced resting orders to the Exchange. This proposal is designed to
allow the Exchange to directly compete with other exchanges that offer
similar Primary Peg Order functionality. The Exchange believes that its
proposal promotes competition because it is designed to attract
liquidity to the Exchange by incentivizing Equity Members and their
customers to post more passive resting liquidity on the Exchange that
is priced to execute at the primary quote, and consequently may result
in greater execution opportunities at the far side quote for Equity
Members entering spread crossing orders. The proposed Primary Peg Order
would have no unfair impact on intra-market competition because it
would be available to all Equity Members equally.
---------------------------------------------------------------------------

    \39\ Id.
---------------------------------------------------------------------------

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 \40\ and Rule 19b-4(f)(6) \41\
thereunder.
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78s(b)(3)(A).
    \41\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the 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.
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 [email protected]. Please include
File Number SR-PEARL-2022-34 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-PEARL-2022-34. 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-PEARL-2022-34 and should be submitted on
or before October 3, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\42\
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    \42\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-19581 Filed 9-9-22; 8:45 am]
BILLING CODE 8011-01-P