80_FR_13989 80 FR 13938 - Self-Regulatory Organizations; The Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule

80 FR 13938 - Self-Regulatory Organizations; The Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 51 (March 17, 2015)

Page Range13938-13940
FR Document2015-06009

Federal Register, Volume 80 Issue 51 (Tuesday, March 17, 2015)
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Notices]
[Pages 13938-13940]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06009]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74478; File No. SR-MIAX-2015-16]


Self-Regulatory Organizations; The Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Its Fee Schedule

March 11, 2015
    Pursuant to the provisions of Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice 
is hereby given that on February 27, 2015, Miami International 
Securities Exchange LLC (``MIAX'' 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 the MIAX Options Fee 
Schedule.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at 
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule to: (i) Increase 
the transaction fees for Public Customers

[[Page 13939]]

that are not a Priority Customer and Firms; and (ii) modify the 
transaction fees for non-Priority Customers and Firms for achieving 
certain Priority Customer Rebate Program volume tiers. The proposed 
changes are based on the similar fees of other competing options 
exchange.\3\
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    \3\ See NASDAQ OMX PHLX LLC Pricing Schedule, Section II; NYSE 
Amex Options Fee Schedule, p. 6; Chicago Board Options Exchange, 
Incorporated, Fee Schedule, p.1. See also Securities Exchange Act 
Release No. 68556 (January 2, 2013), 78 FR 1293 (January 8, 2013) 
(SR-BX-2012-074).
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    The Exchange proposes to increase the transaction fees for Public 
Customers that are not a Priority Customer and Firms. Specifically, the 
Exchange proposes to assess the following fees for transactions for 
Public Customers that are not a Priority Customer: (i) $0.47 per 
contract for standard options and $0.05 per contract for mini options 
in Penny Pilot options classes; and (ii) $0.62 per contract for 
standard options and $0.06 per contract for mini options in non-Penny 
Pilot options classes. In addition, the Exchange proposes to assess the 
following fees for transactions for Firms: (i) $0.37 per contract for 
standard options and $0.04 per contract for mini options in Penny Pilot 
options classes; and (ii) $0.42 per contract for standard options and 
$0.04 per contract for mini options in non-Penny Pilot options classes.
    The Exchange proposes to continue to offer Public Customers that 
are not a Priority Customer and Firms the opportunity to reduce 
transaction fees by $0.02 per contract in standard options in both 
Penny Pilot and non-Penny Pilot options classes.\4\ Specifically, any 
Member or its affiliates of at least 75% common ownership between the 
firms as reflected on each firm's Form BD, Schedule A, that qualifies 
for Priority Customer Rebate Program volume tiers 3, 4, or 5 and is a 
Public Customer that are not a Priority Customer will be assessed $0.45 
per contract for standard options in Penny Pilot options classes and 
$0.60 per contract for standard options in non-Penny Pilot options 
classes. Further, any Member or its affiliates of at least 75% common 
ownership between the firms as reflected on each firm's Form BD, 
Schedule A, that qualifies for Priority Customer Rebate Program volume 
tiers 3, 4, or 5 and is a Firm will be assessed $0.35 per contract for 
standard options in Penny Pilot options classes and $0.40 per contract 
in non-Penny Pilot options classes. The Exchange believes that these 
incentives will encourage Public Customers that are not a Priority 
Customer and Firms to transact a greater number of orders on the 
Exchange.
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    \4\ See Securities Exchange Release Nos. 72988 (September 4, 
2014), 79 FR 53808 (September 10, 2014) (SR-MIAX-2014-46); 72989 
(September 4, 2014), 79 FR 53792 (September 10, 2014) (SR-MIAX-2014-
47).
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    The Exchange proposes to implement the new transaction fees 
beginning March 1, 2015.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \5\ in general, and furthers the 
objectives of Section 6(b)(4) of the Act \6\ in particular, in that it 
is an equitable allocation of reasonable fees and other charges among 
Exchange members.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange's proposal to increase the transaction fees for Public 
Customers that are not a Priority Customer and Firms is reasonable 
because the Exchange's fees will remain competitive with fees at other 
options exchanges.\7\ The Exchange's proposal to increase the 
transaction fees for Public Customers that are not a Priority Customer 
and Firms is equitable and not unfairly discriminatory because the 
increase applies equally to all such market participants. The Exchange 
does not assess Priority Customers transactions fees because Priority 
Customer order flow enhances liquidity on the Exchange for the benefit 
of all market participants. Priority Customer liquidity benefits all 
market participants by providing more trading opportunities, which 
attracts Market Makers and other market participants. An increase in 
the activity of these market participants in turn facilitates tighter 
spreads, which may cause an additional corresponding increase in order 
flow from other market participants. Market Makers are assessed lower 
transaction fees as compared to Public Customers that are not a 
Priority Customer, Non-MIAX Market Makers, Non-Member Broker-Dealers, 
and Firms because they have obligations to the market and regulatory 
requirements, which normally do not apply to other market 
participants.\8\ They have obligations to make continuous markets, 
engage in a course of dealings reasonably calculated to contribute to 
the maintenance of a fair and orderly market, and not make bids or 
offers or enter into transactions that are inconsistent with a course 
of dealings. In addition, charging non-members higher transaction fees 
is a common practice amongst exchanges because Members are subject to 
other fees and dues associated with their membership to the Exchange 
that do not apply to non-members. The proposed differentiation as 
between Public Customer that is not a Priority Customer, Firms, and 
other market participants recognizes the differing contributions made 
to the liquidity and trading environment on the Exchange by these 
market participants.
---------------------------------------------------------------------------

    \7\ See NASDAQ OMX PHLX LLC Pricing Schedule, Section II; NASDAQ 
Options Market LLC's Pricing Schedule, Chapter XV.
    \8\ See Exchange Rules 603 and 604.
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    The Exchange's proposal to offer Public Customers that are not a 
Priority Customer and Firms the opportunity to reduce transaction fees 
by $0.02 per contract in standard options, provided certain criteria 
are met, is reasonable because the Exchange desires to offer all such 
market participants an opportunity to lower their transaction fees. The 
Exchange's proposal to offer Public Customers that are not a Priority 
Customer and Firms the opportunity to reduce transaction fees by $0.02 
per contract in standard options, provided certain criteria are met, is 
equitable and not unfairly discriminatory because the Exchange will 
offer all market participants, excluding Priority Customers, a means to 
reduce transaction fees by qualifying for volume tiers in the Priority 
Customer Rebate Program. The Exchange believes that offering all such 
market participants the opportunity to lower transaction fees by 
incentivizing them to transact Priority Customer order flow in turn 
benefits all market participants.
    The Exchange believes that the proposal to allow the aggregation of 
trading activity of separate Members or its affiliates for purposes of 
the fee reduction is fair, equitable and not unreasonably 
discriminatory. The Exchange believes the proposed rule change is 
reasonable because it would allow aggregation of the trading activity 
of separate Members or its affiliates for purposes of the fee reduction 
only in very narrow circumstances, namely, where the firm is an 
affiliate, as defined herein. Furthermore, other exchanges, as well as 
MIAX, have rules that permit the aggregation of the trading activity of 
affiliated entities for the purposes of calculating and assessing 
certain fees. The Exchange believes that offering all such market 
participants the opportunity to lower transaction fees by incentivizing 
them to transact Priority Customer order flow in turn benefits all 
market participants.
    The Exchange believes that its proposal to assess transaction fees 
in non-Penny Pilot options classes, which differs from Penny Pilot 
options classes, is consistent with other options markets

[[Page 13940]]

that also assess different transaction fees for non-Penny Pilot options 
classes as compared to Penny Pilot options classes. The Exchange 
believes that establishing different pricing for non-Penny Pilot 
options and Penny Pilot options is reasonable, equitable, and not 
unfairly discriminatory because Penny Pilot options are more liquid 
options as compared to non-Penny Pilot options. Additionally, other 
competing options exchanges differentiate pricing in the similar manner 
today.\9\
---------------------------------------------------------------------------

    \9\ See NASDAQ OMX PHLX LLC Pricing Schedule, Section II; NYSE 
Amex Options Fee Schedule, p. 6; Chicago Board Options Exchange, 
Incorporated, Fee Schedule, p. 1. See also Securities Exchange Act 
Release No. 68556 (January 2, 2013), 78 FR 1293 (January 8, 2013) 
(SR-BX-2012-074).
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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 not necessary or appropriate in 
furtherance of the purposes of the Act. The proposal is similar to the 
transaction fees found on other options exchanges; therefore, the 
Exchange believes the proposal is consistent with robust competition by 
increasing the intermarket competition for order flow from market 
participants. The proposal more closely aligns the fees for Public 
Customers that is not a Priority Customer and Firms to those of non-
MIAX Market Makers and non-Member Broker-dealers. To the extent that 
there is additional competitive burden on non-member market 
participants, the Exchange believes that this is appropriate because 
charging non-members higher transaction fees is a common practice 
amongst exchanges and Members are subject to other fees and dues 
associated with their membership to the Exchange that do not apply to 
non-members. To the extent that there is additional competitive burden 
on market participants that are Public Customer not Priority Customers 
or Firms, the Exchange believes that this is appropriate because the 
proposal should incent Members to direct additional order flow to the 
Exchange and thus provide additional liquidity that enhances the 
quality of its markets and increases the volume of contracts traded 
here. To the extent that this purpose is achieved, all the Exchange's 
market participants should benefit from the improved market liquidity. 
Enhanced market quality and increased transaction volume that results 
from the anticipated increase in order flow directed to the Exchange 
will benefit all market participants and improve competition on the 
Exchange. The Exchange notes that it operates in a highly competitive 
market in which market participants can readily favor competing venues 
if they deem fee levels at a particular venue to be excessive. In such 
an environment, the Exchange must continually adjust its fees to remain 
competitive with other exchanges and to attract order flow. The 
Exchange believes that the proposal reflects this competitive 
environment.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\10\ 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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-MIAX-2015-16 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2015-16. 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 Web site (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 Web site 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 such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-MIAX-2015-16 and should be 
submitted on or before April 7, 2015.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
Brent J. Fields,
Secretary.
[FR Doc. 2015-06009 Filed 3-16-15; 8:45 am]
BILLING CODE 8011-01-P



                                                  13938                             Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices

                                                  proposed to be changed, and OCC is not                       • Send an email to rule-comments@                    SECURITIES AND EXCHANGE
                                                  proposing to change any other aspect of                    sec.gov. Please include File Number SR–                COMMISSION
                                                  its procedures governing overnight                         OCC–2015–005 on the subject line.
                                                                                                                                                                    [Release No. 34–74478; File No. SR–MIAX–
                                                  trading, which have previously been                                                                               2015–16]
                                                  approved by the Commission. Finally,                       Paper Comments
                                                  the proposed change is not inconsistent                      • Send paper comments in triplicate                  Self-Regulatory Organizations; The
                                                  with the existing rules of OCC,                            to Secretary, Securities and Exchange                  Miami International Securities
                                                  including any other rules proposed to be                                                                          Exchange LLC; Notice of Filing and
                                                                                                             Commission, 100 F Street NE.,
                                                  amended.                                                                                                          Immediate Effectiveness of a Proposed
                                                                                                             Washington, DC 20549–1090.
                                                  (B) Clearing Agency’s Statement on                                                                                Rule Change To Amend Its Fee
                                                                                                             All submissions should refer to File                   Schedule
                                                  Burden on Competition
                                                                                                             Number SR–OCC–2015–005. This file
                                                     OCC does not believe that the                           number should be included on the                       March 11, 2015
                                                  proposed rule change would impose a                        subject line if email is used. To help the                Pursuant to the provisions of Section
                                                  burden on competition.9 The proposed                                                                              19(b)(1) of the Securities Exchange Act
                                                                                                             Commission process and review your
                                                  rule change concerns operational                                                                                  of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                                                                             comments more efficiently, please use
                                                  changes that are designed to reduce                                                                               thereunder,2 notice is hereby given that
                                                                                                             only one method. The Commission will                   on February 27, 2015, Miami
                                                  OCC’s exposure to risk as a result of
                                                                                                             post all comments on the Commission’s                  International Securities Exchange LLC
                                                  clearing member activities during
                                                                                                             Internet Web site (http://www.sec.gov/                 (‘‘MIAX’’ or ‘‘Exchange’’) filed with the
                                                  overnight trading sessions and is
                                                                                                             rules/sro.shtml). Copies of the                        Securities and Exchange Commission
                                                  protective in nature. This change will be
                                                  applied uniformly across all clearing                      submission, all subsequent                             (‘‘Commission’’) a proposed rule change
                                                  members participating in overnight                         amendments, all written statements                     as described in Items I, II, and III below,
                                                  trading sessions. Accordingly, OCC does                    with respect to the proposed rule                      which Items have been prepared by the
                                                  not believe that the proposed rule                         change that are filed with the                         Exchange. The Commission is
                                                  change would impose a burden on                            Commission, and all written                            publishing this notice to solicit
                                                  competition.                                               communications relating to the                         comments on the proposed rule change
                                                                                                             proposed rule change between the                       from interested persons.
                                                  (C) Clearing Agency’s Statement on                         Commission and any person, other than
                                                  Comments on the Proposed Rule                                                                                     I. Self-Regulatory Organization’s
                                                                                                             those that may be withheld from the                    Statement of the Terms of Substance of
                                                  Change Received From Members,                              public in accordance with the
                                                  Participants or Others                                                                                            the Proposed Rule Change
                                                                                                             provisions of 5 U.S.C. 552, will be
                                                    Written comments on the proposed                                                                                   The Exchange is filing a proposal to
                                                                                                             available for Web site viewing and
                                                  rule change were not and are not                                                                                  amend the MIAX Options Fee Schedule.
                                                                                                             printing in the Commission’s Public                       The text of the proposed rule change
                                                  intended to be solicited with respect to                   Reference Section, 100 F Street NE.,
                                                  the proposed rule change and none have                                                                            is available on the Exchange’s Web site
                                                                                                             Washington, DC 20549, on official                      at http://www.miaxoptions.com/filter/
                                                  been received.                                             business days between the hours of                     wotitle/rule_filing, at MIAX’s principal
                                                  III. Date of Effectiveness of the                          10:00 a.m. and 3:00 p.m. Copies of such                office, and at the Commission’s Public
                                                  Proposed Rule Change and Timing for                        filing also will be available for                      Reference Room.
                                                  Commission Action                                          inspection and copying at the principal
                                                                                                             office of OCC and on OCC’s Web site at                 II. Self-Regulatory Organization’s
                                                     The foregoing rule change has become                                                                           Statement of the Purpose of, and
                                                  effective pursuant to section 19(b)(3)(A)                  http://www.theocc.com/components/
                                                                                                                                                                    Statutory Basis for, the Proposed Rule
                                                  of the Act and paragraph (f) of Rule                       docs/legal/rules_and_bylaws/sr_occ_15_
                                                                                                                                                                    Change
                                                  19b–4 thereunder. At any time within                       005.pdf.
                                                                                                                                                                       In its filing with the Commission, the
                                                  60 days of the filing of the proposed rule                    All comments received will be posted                Exchange included statements
                                                  change, the Commission summarily may                       without change; the Commission does                    concerning the purpose of and basis for
                                                  temporarily suspend such rule change if                    not edit personal identifying                          the proposed rule change and discussed
                                                  it appears to the Commission that such                     information from submissions. You                      any comments it received on the
                                                  action is necessary or appropriate in the                  should submit only information that                    proposed rule change. The text of these
                                                  public interest, for the protection of                     you wish to make available publicly. All               statements may be examined at the
                                                  investors, or otherwise in furtherance of                  submissions should refer to File                       places specified in Item IV below. The
                                                  the purposes of the Act.                                   Number SR–OCC–2015–005 and should                      Exchange has prepared summaries, set
                                                  IV. Solicitation of Comments                               be submitted on or before April 7, 2015.               forth in sections A, B, and C below, of
                                                    Interested persons are invited to                          For the Commission, by the Division of               the most significant aspects of such
                                                  submit written data, views, and                            Trading and Markets, pursuant to delegated             statements.
                                                  arguments concerning the foregoing,                        authority.10                                           A. Self-Regulatory Organization’s
                                                  including whether the proposed rule                        Brent J. Fields,                                       Statement of the Purpose of, and
                                                  change is consistent with the Act.                         Secretary.                                             Statutory Basis for, the Proposed Rule
                                                  Comments may be submitted by any of                        [FR Doc. 2015–06019 Filed 3–16–15; 8:45 am]            Change
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                                                  the following methods:
                                                                                                             BILLING CODE 8011–01–P                                 1. Purpose
                                                  Electronic Comments                                                                                                  The Exchange proposes to amend its
                                                    • Use the Commission’s Internet                                                                                 Fee Schedule to: (i) Increase the
                                                  comment form (http://www.sec.gov/                                                                                 transaction fees for Public Customers
                                                  rules/sro.shtml); or
                                                                                                                                                                      1 15   U.S.C. 78s(b)(1).
                                                    9 15   U.S.C. 78q–1(b)(3)(I).                              10 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



                                             VerDate Sep<11>2014      18:09 Mar 16, 2015   Jkt 235001   PO 00000   Frm 00117    Fmt 4703   Sfmt 4703   E:\FR\FM\17MRN1.SGM     17MRN1


                                                                                Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices                                            13939

                                                  that are not a Priority Customer and                    Penny Pilot options classes. The                      members higher transaction fees is a
                                                  Firms; and (ii) modify the transaction                  Exchange believes that these incentives               common practice amongst exchanges
                                                  fees for non-Priority Customers and                     will encourage Public Customers that                  because Members are subject to other
                                                  Firms for achieving certain Priority                    are not a Priority Customer and Firms to              fees and dues associated with their
                                                  Customer Rebate Program volume tiers.                   transact a greater number of orders on                membership to the Exchange that do not
                                                  The proposed changes are based on the                   the Exchange.                                         apply to non-members. The proposed
                                                  similar fees of other competing options                    The Exchange proposes to implement                 differentiation as between Public
                                                  exchange.3                                              the new transaction fees beginning                    Customer that is not a Priority
                                                     The Exchange proposes to increase                    March 1, 2015.                                        Customer, Firms, and other market
                                                  the transaction fees for Public                                                                               participants recognizes the differing
                                                                                                          2. Statutory Basis
                                                  Customers that are not a Priority                                                                             contributions made to the liquidity and
                                                  Customer and Firms. Specifically, the                      The Exchange believes that its                     trading environment on the Exchange by
                                                  Exchange proposes to assess the                         proposed rule change is consistent with               these market participants.
                                                  following fees for transactions for Public              Section 6(b) of the Act 5 in general, and                The Exchange’s proposal to offer
                                                  Customers that are not a Priority                       furthers the objectives of Section 6(b)(4)            Public Customers that are not a Priority
                                                  Customer: (i) $0.47 per contract for                    of the Act 6 in particular, in that it is an          Customer and Firms the opportunity to
                                                  standard options and $0.05 per contract                 equitable allocation of reasonable fees               reduce transaction fees by $0.02 per
                                                  for mini options in Penny Pilot options                 and other charges among Exchange                      contract in standard options, provided
                                                  classes; and (ii) $0.62 per contract for                members.                                              certain criteria are met, is reasonable
                                                  standard options and $0.06 per contract                    The Exchange’s proposal to increase                because the Exchange desires to offer all
                                                  for mini options in non-Penny Pilot                     the transaction fees for Public                       such market participants an opportunity
                                                  options classes. In addition, the                       Customers that are not a Priority                     to lower their transaction fees. The
                                                  Exchange proposes to assess the                         Customer and Firms is reasonable                      Exchange’s proposal to offer Public
                                                  following fees for transactions for Firms:              because the Exchange’s fees will remain               Customers that are not a Priority
                                                  (i) $0.37 per contract for standard                     competitive with fees at other options                Customer and Firms the opportunity to
                                                  options and $0.04 per contract for mini                 exchanges.7 The Exchange’s proposal to                reduce transaction fees by $0.02 per
                                                  options in Penny Pilot options classes;                 increase the transaction fees for Public              contract in standard options, provided
                                                  and (ii) $0.42 per contract for standard                Customers that are not a Priority                     certain criteria are met, is equitable and
                                                  options and $0.04 per contract for mini                 Customer and Firms is equitable and not               not unfairly discriminatory because the
                                                  options in non-Penny Pilot options                      unfairly discriminatory because the                   Exchange will offer all market
                                                  classes.                                                increase applies equally to all such                  participants, excluding Priority
                                                     The Exchange proposes to continue to                 market participants. The Exchange does                Customers, a means to reduce
                                                  offer Public Customers that are not a                   not assess Priority Customers                         transaction fees by qualifying for
                                                  Priority Customer and Firms the                         transactions fees because Priority                    volume tiers in the Priority Customer
                                                  opportunity to reduce transaction fees                  Customer order flow enhances liquidity                Rebate Program. The Exchange believes
                                                  by $0.02 per contract in standard                       on the Exchange for the benefit of all                that offering all such market
                                                  options in both Penny Pilot and non-                    market participants. Priority Customer                participants the opportunity to lower
                                                  Penny Pilot options classes.4                           liquidity benefits all market participants            transaction fees by incentivizing them to
                                                  Specifically, any Member or its affiliates              by providing more trading                             transact Priority Customer order flow in
                                                  of at least 75% common ownership                        opportunities, which attracts Market                  turn benefits all market participants.
                                                  between the firms as reflected on each                  Makers and other market participants.                    The Exchange believes that the
                                                  firm’s Form BD, Schedule A, that                        An increase in the activity of these                  proposal to allow the aggregation of
                                                  qualifies for Priority Customer Rebate                  market participants in turn facilitates               trading activity of separate Members or
                                                  Program volume tiers 3, 4, or 5 and is                  tighter spreads, which may cause an                   its affiliates for purposes of the fee
                                                  a Public Customer that are not a Priority               additional corresponding increase in                  reduction is fair, equitable and not
                                                  Customer will be assessed $0.45 per                     order flow from other market                          unreasonably discriminatory. The
                                                  contract for standard options in Penny                  participants. Market Makers are                       Exchange believes the proposed rule
                                                  Pilot options classes and $0.60 per                     assessed lower transaction fees as                    change is reasonable because it would
                                                  contract for standard options in non-                   compared to Public Customers that are                 allow aggregation of the trading activity
                                                  Penny Pilot options classes. Further,                   not a Priority Customer, Non-MIAX                     of separate Members or its affiliates for
                                                  any Member or its affiliates of at least                Market Makers, Non-Member Broker-                     purposes of the fee reduction only in
                                                  75% common ownership between the                        Dealers, and Firms because they have                  very narrow circumstances, namely,
                                                  firms as reflected on each firm’s Form                  obligations to the market and regulatory              where the firm is an affiliate, as defined
                                                  BD, Schedule A, that qualifies for                      requirements, which normally do not                   herein. Furthermore, other exchanges,
                                                  Priority Customer Rebate Program                        apply to other market participants.8                  as well as MIAX, have rules that permit
                                                  volume tiers 3, 4, or 5 and is a Firm will              They have obligations to make                         the aggregation of the trading activity of
                                                  be assessed $0.35 per contract for                      continuous markets, engage in a course                affiliated entities for the purposes of
                                                  standard options in Penny Pilot options                 of dealings reasonably calculated to                  calculating and assessing certain fees.
                                                  classes and $0.40 per contract in non-                  contribute to the maintenance of a fair               The Exchange believes that offering all
                                                                                                          and orderly market, and not make bids                 such market participants the
                                                    3 See NASDAQ OMX PHLX LLC Pricing                     or offers or enter into transactions that             opportunity to lower transaction fees by
                                                                                                          are inconsistent with a course of
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                                                  Schedule, Section II; NYSE Amex Options Fee                                                                   incentivizing them to transact Priority
                                                  Schedule, p. 6; Chicago Board Options Exchange,         dealings. In addition, charging non-
                                                  Incorporated, Fee Schedule, p.1. See also Securities                                                          Customer order flow in turn benefits all
                                                  Exchange Act Release No. 68556 (January 2, 2013),                                                             market participants.
                                                                                                            5 15 U.S.C. 78f(b).
                                                  78 FR 1293 (January 8, 2013) (SR–BX–2012–074).                                                                   The Exchange believes that its
                                                    4 See Securities Exchange Release Nos. 72988            6 15 U.S.C. 78f(b)(4).
                                                                                                            7 See NASDAQ OMX PHLX LLC Pricing
                                                                                                                                                                proposal to assess transaction fees in
                                                  (September 4, 2014), 79 FR 53808 (September 10,
                                                  2014) (SR–MIAX–2014–46); 72989 (September 4,            Schedule, Section II; NASDAQ Options Market           non-Penny Pilot options classes, which
                                                  2014), 79 FR 53792 (September 10, 2014) (SR–            LLC’s Pricing Schedule, Chapter XV.                   differs from Penny Pilot options classes,
                                                  MIAX–2014–47).                                            8 See Exchange Rules 603 and 604.                   is consistent with other options markets


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                                                  13940                         Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices

                                                  that also assess different transaction fees             highly competitive market in which                       post all comments on the Commission’s
                                                  for non-Penny Pilot options classes as                  market participants can readily favor                    Internet Web site (http://www.sec.gov/
                                                  compared to Penny Pilot options                         competing venues if they deem fee                        rules/sro.shtml). Copies of the
                                                  classes. The Exchange believes that                     levels at a particular venue to be                       submission, all subsequent
                                                  establishing different pricing for non-                 excessive. In such an environment, the                   amendments, all written statements
                                                  Penny Pilot options and Penny Pilot                     Exchange must continually adjust its                     with respect to the proposed rule
                                                  options is reasonable, equitable, and not               fees to remain competitive with other                    change that are filed with the
                                                  unfairly discriminatory because Penny                   exchanges and to attract order flow. The                 Commission, and all written
                                                  Pilot options are more liquid options as                Exchange believes that the proposal                      communications relating to the
                                                  compared to non-Penny Pilot options.                    reflects this competitive environment.                   proposed rule change between the
                                                  Additionally, other competing options                                                                            Commission and any person, other than
                                                  exchanges differentiate pricing in the                  C. Self-Regulatory Organization’s
                                                                                                                                                                   those that may be withheld from the
                                                  similar manner today.9                                  Statement on Comments on the
                                                                                                                                                                   public in accordance with the
                                                                                                          Proposed Rule Change Received From
                                                  B. Self-Regulatory Organization’s                                                                                provisions of 5 U.S.C. 552, will be
                                                                                                          Members, Participants or Others
                                                  Statement on Burden on Competition                                                                               available for Web site viewing and
                                                                                                            Written comments were neither                          printing in the Commission’s Public
                                                     The Exchange does not believe that                   solicited nor received.                                  Reference Room, 100 F Street NE.,
                                                  the proposed rule change will impose                                                                             Washington, DC 20549, on official
                                                  any burden on competition not                           III. Date of Effectiveness of the
                                                                                                          Proposed Rule Change and Timing for                      business days between the hours of
                                                  necessary or appropriate in furtherance                                                                          10:00 a.m. and 3:00 p.m. Copies of such
                                                  of the purposes of the Act. The proposal                Commission Action
                                                                                                                                                                   filing also will be available for
                                                  is similar to the transaction fees found                   The foregoing rule change has become                  inspection and copying at the principal
                                                  on other options exchanges; therefore,                  effective pursuant to Section                            office of the Exchange. All comments
                                                  the Exchange believes the proposal is                   19(b)(3)(A)(ii) of the Act.10 At any time                received will be posted without change;
                                                  consistent with robust competition by                   within 60 days of the filing of the                      the Commission does not edit personal
                                                  increasing the intermarket competition                  proposed rule change, the Commission                     identifying information from
                                                  for order flow from market participants.                summarily may temporarily suspend                        submissions. You should submit only
                                                  The proposal more closely aligns the                    such rule change if it appears to the                    information that you wish to make
                                                  fees for Public Customers that is not a                 Commission that such action is                           available publicly. All submissions
                                                  Priority Customer and Firms to those of                 necessary or appropriate in the public                   should refer to File Number SR–MIAX–
                                                  non-MIAX Market Makers and non-                         interest, for the protection of investors,               2015–16 and should be submitted on or
                                                  Member Broker-dealers. To the extent                    or otherwise in furtherance of the                       before April 7, 2015.
                                                  that there is additional competitive                    purposes of the Act. If the Commission
                                                  burden on non-member market                             takes such action, the Commission shall                    For the Commission, by the Division of
                                                  participants, the Exchange believes that                                                                         Trading and Markets, pursuant to delegated
                                                                                                          institute proceedings to determine                       authority.11
                                                  this is appropriate because charging                    whether the proposed rule should be
                                                  non-members higher transaction fees is                                                                           Brent J. Fields,
                                                                                                          approved or disapproved.
                                                  a common practice amongst exchanges                                                                              Secretary.
                                                  and Members are subject to other fees                   IV. Solicitation of Comments                             [FR Doc. 2015–06009 Filed 3–16–15; 8:45 am]
                                                  and dues associated with their                            Interested persons are invited to                      BILLING CODE 8011–01–P
                                                  membership to the Exchange that do not                  submit written data, views and
                                                  apply to non-members. To the extent                     arguments concerning the foregoing,
                                                  that there is additional competitive                    including whether the proposed rule                      SECURITIES AND EXCHANGE
                                                  burden on market participants that are                  change is consistent with the Act.                       COMMISSION
                                                  Public Customer not Priority Customers                  Comments may be submitted by any of                      [Release No. 34–74482; File No. SR–FINRA–
                                                  or Firms, the Exchange believes that this               the following methods:                                   2014–050]
                                                  is appropriate because the proposal
                                                  should incent Members to direct                         Electronic Comments
                                                                                                                                                                   Self-Regulatory Organizations;
                                                  additional order flow to the Exchange                     • Use the Commission’s Internet                        Financial Industry Regulatory
                                                  and thus provide additional liquidity                   comment form (http://www.sec.gov/                        Authority, Inc; Notice of Filing of
                                                  that enhances the quality of its markets                rules/sro.shtml); or                                     Amendment No. 1 and Order Granting
                                                  and increases the volume of contracts                     • Send an email to rule-comments@                      Accelerated Approval of a Proposed
                                                  traded here. To the extent that this                    sec.gov. Please include File Number SR–                  Rule Change, as Amended, To Require
                                                  purpose is achieved, all the Exchange’s                 MIAX–2015–16 on the subject line.                        a Member To Identify Transactions
                                                  market participants should benefit from                                                                          With a Non-Member Affiliate and To
                                                                                                          Paper Comments
                                                  the improved market liquidity.                                                                                   Change How FINRA Disseminates a
                                                  Enhanced market quality and increased                     • Send paper comments in triplicate
                                                                                                                                                                   Subset of Such Transactions
                                                  transaction volume that results from the                to Brent J. Fields, Secretary, Securities
                                                  anticipated increase in order flow                      and Exchange Commission, 100 F Street                    March 11, 2015
                                                  directed to the Exchange will benefit all               NE., Washington, DC 20549.
                                                                                                                                                                   I. Introduction
                                                  market participants and improve                         All submissions should refer to File
                                                                                                                                                                      On November 21, 2014, the Financial
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  competition on the Exchange. The                        Number SR–MIAX–2015–16. This file
                                                  Exchange notes that it operates in a                    number should be included on the                         Industry Regulatory Authority, Inc.
                                                                                                          subject line if email is used. To help the               (‘‘FINRA’’) filed with the Securities and
                                                    9 See NASDAQ OMX PHLX LLC Pricing
                                                                                                          Commission process and review your                       Exchange Commission (‘‘Commission’’),
                                                  Schedule, Section II; NYSE Amex Options Fee             comments more efficiently, please use                    pursuant to Section 19(b)(1) of the
                                                  Schedule, p. 6; Chicago Board Options Exchange,                                                                  Securities Exchange Act of 1934
                                                  Incorporated, Fee Schedule, p. 1. See also Securities   only one method. The Commission will
                                                  Exchange Act Release No. 68556 (January 2, 2013),
                                                  78 FR 1293 (January 8, 2013) (SR–BX–2012–074).            10 15   U.S.C. 78s(b)(3)(A)(ii).                         11 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-18 12:01:40
Document Modified: 2015-12-18 12:01:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 13938 

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