80 FR 22749 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Establish the MIAX Order Feed
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 78 (April 23, 2015)
Federal Register Volume 80, Issue 78 (April 23, 2015)
| Page Range | 22749-22751 | |
| FR Document | 2015-09427 |
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)] [Notices] [Pages 22749-22751] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09427] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74759; File No. SR-MIAX-2015-28] Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Establish the MIAX Order Feed April 17, 2015. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 [[Page 22750]] (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on April 7, 2015, Miami International Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the 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 proposal to establish the MIAX Order Feed (``MOR''). 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 establish the MIAX Order Feed (``MOR'') data product. MOR is a real-time full order book data feed that provides information for orders on the MIAX order book. The proposed data feed is based on the substantially similar market data feed of another options exchange.\3\ --------------------------------------------------------------------------- \3\ See Securities Exchange Act Release No. 66993 (May 15, 2012), 77 FR 30043 (May 21, 2012) (SR-PHLX-2012-63). --------------------------------------------------------------------------- MOR will provide real-time information to enable users to keep track of the simple order book for all symbols listed on MIAX. MOR will provide real-time data including the limit price, origin, and size of each order for the entire order book to its users. It is a compilation of data for orders residing on the Exchange's order book for options traded on the Exchange that the Exchange provides through a real-time data feed. The Exchange updates the information upon receipt of each order or change in status to any order resting on the book (e.g., routing, trading, or cancelling of the order). The Exchange believes that some users do not wish or need to subscribe to the full MIAX Top of Market Options (``ToM'') data product; \4\ the MOR data product is being offered to those users that want the order book information but don't have the need for the entire ToM data product. Accordingly, the Exchange proposes to make available the MOR data product for any user that needs or wants only order book information. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release Nos. 73395 (October 21, 2014), 79 FR 63979 (October 27, 2014) (SR-MIAX-2014-53); 69007 (February 28, 2013), 78 FR 14617 (March 6, 2013) (SR-MIAX-2013-05). --------------------------------------------------------------------------- The Exchange represents that it will make MOR equally available to any market participant that wishes to subscribe to it. The Exchange will establish monthly fees for the MOR data product by way of a separate proposed rule change, which the Exchange will submit after the MOR product is established. MOR will provide subscribers with specific order book data that should enhance their ability to analyze market conditions, and to create and test trading models and analytical strategies. The Exchange believes that MOR is a valuable tool that subscribers can use to gain comprehensive insight into the limit order book in a particular option. 2. Statutory Basis MIAX 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)(5) of the Act \6\ in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanisms of a free and open market and a national market system and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78f(b). \6\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The MOR market data product is designed to promote just and equitable principles of trade by providing all subscribers with limit order book data that should enable them to make informed decisions on trading in MIAX options by using the MOR data to assess current market conditions that directly affect such decisions. The proposed market data product facilitates transactions in securities, removes impediments to and perfect the mechanisms of a free and open market and a national market system by enhancing the subscribers' ability to make decisions on trading strategy, and by providing data that should help bring about such decisions in a timely manner to the protection of investors and the public interest. The market data provided by MOR removes impediments to, and is designed to further perfect, the mechanisms of a free and open market and a national market system by making the MIAX market more transparent and accessible to market participants making routing decisions concerning their options orders. The MOR market data product is also designed to protect investors and the public interest by providing data to subscribers that is already currently available on other exchanges and will enable MIAX to compete with such other exchanges, thereby offering market participants with additional data in order to seek the market center with the best price and the most liquidity on which to execute their transactions, all to the benefit of investors and the public interest, and to the marketplace as a whole. 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. On the contrary, the Exchange believes that the new market data product will enhance competition in the U.S. options markets by providing subscribers on MIAX a market data product that is similar to that which is currently provided on other options exchange.\7\ --------------------------------------------------------------------------- \7\ See Securities Exchange Act Release No. 66993 (May 15, 2012), 77 FR 30043 (May 21, 2012) (SR-PHLX-2012-63). --------------------------------------------------------------------------- C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has filed the proposed rule change pursuant to Section [[Page 22751]] 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\ Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b- 4(f)(6) thereunder.\11\ --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(3)(A). \9\ 17 CFR 240.19b-4(f)(6). \10\ 15 U.S.C. 78s(b)(3)(A). \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change, along with a brief description and 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. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6)\12\ normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposed rule change may become operative immediately upon filing. The Commission believes that waiver of the operative delay is consistent with investor protection and the public interest because the proposal will provide market participants with additional data in order to seek the market center with the best price and most liquidity on which to execute their transactions, and is substantially similar to that of another exchange.\14\ Further, waiver of the operative delay would provide access to this additional data without delay. Accordingly, the Commission hereby waives the 30-day operative delay and designates the proposal operative upon filing.\15\ --------------------------------------------------------------------------- \12\ 17 CFR 240.19b-4(f)(6). \13\ 17 CFR 240.19b-4(f)(6)(iii). \14\ See supra note 3. \15\ For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of 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 CommentsUse 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-2015-28 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-MIAX-2015-28. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet 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 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal offices 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-2015-28, and should be submitted on or before May 14, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12), (59). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2015-09427 Filed 4-22-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices 22749
classification changes for the First-Class exigent surcharges. Order No. 2398 at IV. Notice of Commission Action
Mail and Special Services classes 4–5. In accordance with 39 U.S.C. 3622
respectively.4 In Order No. 2378, the In response to Order No. 2398, the and 39 CFR part 3010, the Commission
Commission remanded the proposed Postal Service states that it has will review the Postal Service’s
price adjustments for the Standard Mail, equalized all nonprofit and commercial amended price adjustments in Docket
Periodicals, and Package Services discounts. Response to Order No. 2398 No. R2015–4. The Commission invites
classes for failure to comply with at 4. The Postal Service explains that it comments from interested persons on
certain legal requirements.5 also adjusted other discount whether the price adjustments, as
On March 12, 2015, the Postal Service relationships that were out of alignment amended in the Response to Order No.
filed its response to Order No. 2378.6 in its prior filings. Id. at 4–5. It also 2378 and Response to Order No. 2398,
The Postal Service stated that it states that it has corrected 12 exigent are consistent with 39 U.S.C. 3622 and
complied with each of the surcharges and provided the the requirements of 39 CFR part 3010.
Commission’s directives and calculations used to develop the exigent Comments are due no later than April
recommendations from Order No. 2378 surcharges for each Standard Mail FSS 23, 2015. 39 CFR 3010.11(g). The Postal
and included revised Standard Mail and price category. Id. at 6. Service’s filing can be accessed via the
Periodicals prices, updated Mail Periodicals. In Order No. 2398, the Commission’s Web site (http://
Classification (MCS) pages, updated Commission ordered the Postal Service www.prc.gov).
workshare discount tables, updated to provide a revised price cap Pursuant to 39 U.S.C. 505, James
exigent surcharges affected by the calculation that addressed the Waclawski will continue to serve as an
revised prices, and revised price cap officer of the Commission (Public
deficiencies identified by the
calculation workpapers for Standard Representative) representing the
Commission. Order No. 2398 at 6–7. In
Mail, Periodicals, and Package Services interests of the general public in this
addition, the Commission found the
with its response. Id. at 1–2. proceeding.8
Postal Service must demonstrate
On March 18, 2015, the Commission compliance with 39 CFR 3010.12(b)(4). V. Ordering Paragraphs
issued Order No. 2398 and found that Id. at 7.
the Postal Service had not fully It is ordered:
In response to Order No. 2398, the 1. Comments on the revised planned
complied with applicable statutory and
Postal Service proposes a revised set of price adjustments and related
regulatory requirements and Order No.
Periodicals prices and a revised price classification changes for Standard Mail,
2378. Order No. 2398 at 2. As a result,
cap calculation that address the Periodicals, and Package Services are
the Commission remanded the revised
Commission’s directives. Response to due no later than April 23, 2015.
price adjustments for the Standard Mail,
Order No. 2398 at 7. The Postal Service 2. Pursuant to 39 U.S.C. 505, James
Periodicals, and Package Services
explains that it has made some Waclawski will continue to serve as an
classes for further revision, correction,
adjustments to the Commission’s officer of the Commission (Public
and clarification. Id. The Commission
suggested approach, corrected Representative) representing the
explained that after the Postal Service
additional errors it has identified, and interests of the general public in this
files an amended notice of rate
increased the discount provided by the proceeding.
adjustment addressing the deficiencies
per-piece editorial adjustment for 3. The Commission directs the
described in Order No. 2398, the
Outside County Periodicals. Id. at 8–9. Secretary of the Commission to arrange
Commission would allow seven days for
The Postal Service states that the for prompt publication of this notice in
public comment in accordance with 39
revised price adjustments result in a the Federal Register.
CFR 3010.11(g). Id.
total percentage price increase of 1.966 By the Commission.
III. Order No. 2398 and the Postal percent for the Periodicals class, which Ruth Ann Abrams,
Service’s Response uses all of its price adjustment authority Acting Secretary.
for the class. Id. at 9.
Standard Mail. In Order No. 2398, the [FR Doc. 2015–09446 Filed 4–22–15; 8:45 am]
Commission found that the Postal Package Services. In Order No. 2398, BILLING CODE 7710–FW–P
Service did not equalize all nonprofit the Commission found that it was
and commercial discounts as it was unable to make the finding required
ordered to in Order No. 2378. Order No. under 39 U.S.C. 3622 and 39 CFR SECURITIES AND EXCHANGE
2398 at 3–5.7 In addition, the 3010.11 due to inaccurate billing COMMISSION
Commission required the Postal Service determinant adjustments and data
inconsistencies. Order No. 2398 at 9–11. [Release No. 34–74759; File No. SR–MIAX–
to provide the calculations used to 2015–28]
develop the exigent surcharges for each The Commission identified specific
new Standard Mail Flats Sequencing information the Postal Service must Self-Regulatory Organizations; Miami
System (FSS) category to assist the provide in its response to show the International Securities Exchange LLC;
Commission in verifying the calculated deficiencies had been corrected. Id. at Notice of Filing and Immediate
11. Effectiveness of a Proposed Rule
4 Order No. 2365, Order on Price Adjustments for In response to Order No. 2398, the Change To Establish the MIAX Order
First-Class Products and Related Mail Classification Postal Service states that it has provided Feed
Changes, February 24, 2015; Order No. 2388, Order
the information required by the
mstockstill on DSK4VPTVN1PROD with NOTICES
on Price Adjustments for Special Services Products April 17, 2015.
and Related Mail Classification Changes, March 10, Commission in Order No. 2398.
2015. Response to Order No. 2398 at 10–23. In Pursuant to Section 19(b)(1) of the
5 Order on Price Adjustments for Standard Mail,
addition, the Postal Service files revised Securities Exchange Act of 1934
Periodicals, and Package Services Products, March
6, 2015 (Order No. 2378).
price cap calculation workpapers, 8 See Order No. 2327, Notice and Order on Rate
6 Response of the United States Postal Service to which it represents correct the issues Adjustments, Classification Changes, and
Order No. 2378, March 12, 2015. previously identified by the Temporary Promotions for Market Dominant
7 See also Order No. 2378 at 8–9. Commission. Id. at 24. Products, January 20, 2015, at 5.
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![Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices 22751
19(b)(3)(A) of the Act 8 and Rule 19b– investors, or otherwise in furtherance of For the Commission, by the Division of
4(f)(6) thereunder.9 Because the the purposes of the Act. If the Trading and Markets, pursuant to delegated
proposed rule change does not: (i) Commission takes such action, the authority.16
Significantly affect the protection of Commission shall institute proceedings Brent J. Fields,
investors or the public interest; (ii) to determine whether the proposed rule Secretary.
impose any significant burden on should be approved or disapproved. [FR Doc. 2015–09427 Filed 4–22–15; 8:45 am]
competition; and (iii) become operative BILLING CODE 8011–01–P
prior to 30 days from the date on which IV. Solicitation of Comments
it was filed, or such shorter time as the Interested persons are invited to
Commission may designate, if submit written data, views, and SECURITIES AND EXCHANGE
consistent with the protection of arguments concerning the foregoing, COMMISSION
investors and the public interest, the including whether the proposed rule [Release No. 34–74763; File No. SR–EDGA–
proposed rule change has become change is consistent with the Act. 2015–10]
effective pursuant to Section 19(b)(3)(A) Comments may be submitted by any of
of the Act 10 and Rule 19b–4(f)(6) the following methods: Self-Regulatory Organizations; EDGA
thereunder.11 Exchange, Inc.; Notice of Designation
A proposed rule change filed under Electronic Comments
of Longer Period for Commission
Rule 19b–4(f)(6)12 normally does not • Use the Commission’s Internet Action on a Proposed Rule Change, as
become operative prior to 30 days after comment form (http://www.sec.gov/ Modified by Amendment No. 1, To
the date of the filing. However, pursuant rules/sro.shtml); or Amend Rules 11.6, 11.8, 11.9, 11.10
to Rule 19b–4(f)(6)(iii),13 the • Send an email to rule-comments@ and 11.11 of EDGA Exchange, Inc.
Commission may designate a shorter sec.gov. Please include File Number SR–
time if such action is consistent with the April 17, 2015.
MIAX–2015–28 on the subject line.
protection of investors and the public On February 20, 2015, EDGA
interest. The Exchange has asked the Paper Comments Exchange, Inc. (the ‘‘Exchange’’ or
Commission to waive the 30-day • Send paper comments in triplicate ‘‘EDGA’’) filed with the Securities and
operative delay so that the proposed to Secretary, Securities and Exchange Exchange Commission (‘‘Commission’’),
rule change may become operative Commission, 100 F Street NE., pursuant to Section 19(b)(1) of the
immediately upon filing. The Washington, DC 20549–1090. Securities Exchange Act of 1934
Commission believes that waiver of the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
All submissions should refer to File proposed rule change to amend Rules
operative delay is consistent with Number SR–MIAX–2015–28. This file
investor protection and the public 11.6, 11.8, 11.9, 11.10 and 11.11 to
number should be included on the clarify and to include additional
interest because the proposal will subject line if email is used. To help the
provide market participants with specificity regarding the current
Commission process and review your functionality of the Exchange’s System,3
additional data in order to seek the comments more efficiently, please use
market center with the best price and including the operation of its order
only one method. The Commission will types and order instructions. On
most liquidity on which to execute their post all comments on the Commission’s
transactions, and is substantially similar February 27, 2015, the Exchange filed
Internet Web site (http://www.sec.gov/ Amendment No. 1 to the proposal.4 The
to that of another exchange.14 Further, rules/sro.shtml). Copies of the
waiver of the operative delay would proposed rule change, as modified by
submission, all subsequent Amendment No. 1, was published for
provide access to this additional data
amendments, all written statements comment in the Federal Register on
without delay. Accordingly, the
with respect to the proposed rule March 10, 2015.5 The Commission
Commission hereby waives the 30-day
change that are filed with the received no comment letters.
operative delay and designates the
Commission, and all written Section 19(b)(2) of the Act 6 provides
proposal operative upon filing.15
At any time within 60 days of the communications relating to the that within 45 days of the publication of
filing of the proposed rule change, the proposed rule change between the notice of the filing of a proposed rule
Commission summarily may Commission and any person, other than change, or within such longer period up
temporarily suspend such rule change if those that may be withheld from the to 90 days as the Commission may
it appears to the Commission that such public in accordance with the designate if it finds such longer period
action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be to be appropriate and publishes its
public interest, for the protection of available for Web site viewing and reasons for so finding or as to which the
printing in the Commission’s Public self-regulatory organization consents,
8 15 U.S.C. 78s(b)(3)(A). Reference Room, 100 F Street NE., the Commission shall either approve the
9 17 CFR 240.19b–4(f)(6). Washington, DC 20549 on official proposed rule change, disapprove the
10 15 U.S.C. 78s(b)(3)(A). business days between the hours of 10 proposed rule change, or institute
11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
a.m. and 3 p.m. Copies of such filing
4(f)(6)(iii) requires the Exchange to give the also will be available for inspection and 16 17
Commission written notice of the Exchange’s intent CFR 200.30–3(a)(12), (59).
to file the proposed rule change, along with a brief copying at the principal offices of the 1 15 U.S.C. 78s(b)(1).
description and text of the proposed rule change, Exchange. All comments received will 2 17 CFR 240.19b–4.
at least five business days prior to the date of filing be posted without change; the 3 The term ‘‘System’’ is defined as ‘‘the electronic
of the proposed rule change, or such shorter time Commission does not edit personal communications and trading facility designated by
mstockstill on DSK4VPTVN1PROD with NOTICES
as designated by the Commission. The Exchange the Board through which securities orders of Users
has satisfied this requirement. identifying information from are consolidated for ranking, execution and, when
12 17 CFR 240.19b–4(f)(6). submissions. You should submit only applicable, routing away.’’ See Exchange Rule
13 17 CFR 240.19b–4(f)(6)(iii). information that you wish to make 1.5(cc).
4 Amendment No. 1 replaced SR–EDGA–2015–10
14 See supra note 3.
available publicly. All submissions
15 For purposes only of waiving the 30-day and superseded such filing in its entirety.
should refer to File Number SR–MIAX– 5 See Securities Exchange Act Release No. 74435
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
2015–28, and should be submitted on or (March 4, 2015), 80 FR 12655.
and capital formation. See 15 U.S.C. 78c(f). before May 14, 2015. 6 15 U.S.C. 78s(b)(2).
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Document Created: 2015-12-16 08:41:35
Document Modified: 2015-12-16 08:41:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 22749 |
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