80_FR_41665 80 FR 41530 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule

80 FR 41530 - Self-Regulatory Organizations; 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 135 (July 15, 2015)

Page Range41530-41532
FR Document2015-17296

Federal Register, Volume 80 Issue 135 (Wednesday, July 15, 2015)
[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Pages 41530-41532]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17296]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75408; File No. SR-MIAX-2015-45]


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

July 9, 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 July 7, 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 the 
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 the Fee Schedule to modify the 
transaction fees for Members that participate in the price improvement 
auction (``PRIME Auction'' or ``PRIME'') pursuant to Rule 515A.\3\ 
Specifically, the Exchange proposes: (i) Increase the fee for a PRIME 
AOC Response from $0.45 per contract to $0.49 per contract for standard 
options in Penny Pilot classes; (ii) increase the fee for a PRIME AOC 
Response from $0.90 per contract to $0.94 per contract for standard 
options in non-Penny Pilot classes; and (iii) provide for additional 
incentives for achieving certain Priority Customer Rebate Program 
volume tiers.
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    \3\ See Exchange Rule 515A. See also Securities Exchange Act 
Release No.) 72943 (August 28, 2014), 79 FR 52785 (September 4, 
2014) (SR-MIAX-2014-45); MIAX Options Fee Schedule, Section 1)a)iv).
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    Currently, the Exchange assesses PRIME AOC Responses $0.45 per 
contract for standard options in Penny Pilot classes and $0.90 per 
contract in non-Penny Pilot classes. The Exchange now proposes to 
modify these fees that apply to PRIME AOC Responses. Specifically, the 
Exchange proposes: (i) Increase the fee for a PRIME AOC Response from 
$0.45 per contract to $0.49 per contract for standard options in Penny 
Pilot classes; and (ii) increase the fee for a PRIME AOC Response from 
$0.90 per contract to $0.94 per contract for standard options in non-
Penny Pilot classes. The Exchange will continue to assess the standard 
transaction fees to a PRIME AOC Response if they execute against 
unrelated orders.
    The Exchange proposes to offer Members that submit PRIME AOC 
Responses the opportunity to reduce transaction fees by $0.04 per 
contract in standard options if the Member or its affiliates of at 
least 75% common ownership between the firms as reflected on each 
firm's Form BD, Schedule A, qualifies in a given month for Priority 
Customer Rebate Program volume tiers 3, 4, or 5 in the Fee Schedule. 
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 will be assessed a PRIME AOC Response fee of $0.45 per 
contract for standard options in Penny Pilot classes. In addition, any 
Member or its affiliates of at least 75% common ownership

[[Page 41531]]

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 
will be assessed a PRIME AOC Response fee of $0.90 per contract for 
standard options in non-Penny Pilot classes. The Exchange believes that 
these incentives will encourage Members to transact a greater number of 
contracts on the Exchange. The Exchange notes that these incentives 
will operate identically to the Priority Customer Rebate Program 
incentives that apply to 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 in other types of transaction fees.\4\
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    \4\ See MIAX Options Fee Schedule.
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    The Exchange proposes to implement the proposed changes beginning 
July 1, 2015.
2. Statutory Basis
    The Exchange believes that its proposal to amend its fee schedule 
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).
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    The Exchange's proposal to increase the transaction fees for 
Members that submit PRIME AOC Responses 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 Members that submit PRIME AOC Responses is equitable and not 
unfairly discriminatory because the increase applies equally to all 
such market participants. The Exchange believes that the transaction 
fees for responding to the auction will not deter market participants 
from providing price improvement. In addition, the Exchange believes 
that it is reasonable to continue to assess lower transaction fees in 
penny option classes than non-penny option classes in a manner similar 
to the current fees.\8\
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    \7\ See e.g., NYSE Amex Options Fee Schedule; International 
Securities Exchange LLC Schedule of Fees; BOX Options Exchange Fee 
Schedule.
    \8\ See Securities Exchange Act Release No. 72989 (September 4, 
2014), 79 FR 53792 (September 10, 2014) (SR-MIAX-2014-47).
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    The Exchange's proposal to offer Members 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, that submit PRIME AOC Responses the 
opportunity to reduce transaction fees by $0.04 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 Members 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, 
that submit PRIME AOC Responses the opportunity to reduce transaction 
fees by $0.04 per contract in standard options, provided certain 
criteria are met, is equitable and not unfairly discriminatory because 
the Exchange will offer all market participants 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. To the extent that there is higher 
transaction fees assessed on market participants without Priority 
Customer order flow, 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 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.

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 Exchange believes that the 
proposed change will enhance the competiveness of the Exchange relative 
to other exchanges that offer their own electronic crossing mechanism. 
The Exchange believes that the proposed fees are not going to have an 
impact on intra-market competition based on the total cost for 
participants to transact as respondents to the Auction as compared to 
the cost for participants to engage in non-Auction electronic 
transactions on the Exchange. As noted above, the Exchange believes 
that the proposed pricing for the PRIME Auction is comparable to that 
of other exchanges offering similar electronic price improvement 
mechanisms, and the Exchange believes that market participants 
understand that the price-improving benefits, based on their experience 
with electronic price improvement crossing mechanisms on other markets, 
offered by the Auction justify and offset the transaction costs 
associated with Auction. To the extent that there is a difference 
between non-Auction transactions fees and Auction transactions fees, 
the Exchange does not believe this difference will cause participants 
to refrain from responding to Auctions. In addition, the Exchange does 
not believe that the proposed transaction fees and credits burden 
competition by creating a disparity of transaction fees between the 
PRIME Order and the transaction fees that a responder pays would result 
in certain participants being unable to compete with the Contra-side 
Order. The Exchange expects to see robust competition within the PRIME 
Auction, despite the apparent differences in non-Auction fees versus 
Auction response fees.
    To the extent that there is additional competitive burden on market 
participants without Priority Customer order flow, 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

[[Page 41532]]

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 to the 
Exchange. The Exchange believes that the proposed rule change reflects 
this competitive environment because it establishes a fee structure in 
a manner that encourages market participants to direct their order 
flow, to provide liquidity, and to attract additional transaction 
volume to the Exchange.

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.\9\ 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.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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 rule-comments@sec.gov. Please include 
File Number SR-MIAX-2015-45 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 20549-1090.

All submissions should refer to File Number SR-MIAX-2015-45. 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-2015-45, and should be 
submitted on or before August 5, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-17296 Filed 7-14-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  41530                        Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices

                                                  investors, or otherwise in furtherance of                  For the Commission, by the Division of                A. Self-Regulatory Organization’s
                                                  the purposes of the Act.                                 Trading and Markets, pursuant to delegated              Statement of the Purpose of, and
                                                                                                           authority.10                                            Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                             Brent J. Fields,                                        Change
                                                                                                           Secretary.
                                                    Interested persons are invited to                                                                              1. Purpose
                                                                                                           [FR Doc. 2015–17297 Filed 7–14–15; 8:45 am]
                                                  submit written data, views, and
                                                                                                           BILLING CODE 8011–01–P                                     The Exchange proposes to amend the
                                                  arguments concerning the foregoing,
                                                                                                                                                                   Fee Schedule to modify the transaction
                                                  including whether the proposed rule                                                                              fees for Members that participate in the
                                                  change is consistent with the Act.                       SECURITIES AND EXCHANGE                                 price improvement auction (‘‘PRIME
                                                  Comments may be submitted by any of                      COMMISSION                                              Auction’’ or ‘‘PRIME’’) pursuant to Rule
                                                  the following methods:                                                                                           515A.3 Specifically, the Exchange
                                                                                                           [Release No. 34–75408; File No. SR–MIAX–
                                                  Electronic Comments                                      2015–45]                                                proposes: (i) Increase the fee for a
                                                                                                                                                                   PRIME AOC Response from $0.45 per
                                                    • Use the Commission’s Internet                        Self-Regulatory Organizations; Miami                    contract to $0.49 per contract for
                                                  comment form (http://www.sec.gov/                        International Securities Exchange LLC;                  standard options in Penny Pilot classes;
                                                  rules/sro.shtml); or                                     Notice of Filing and Immediate                          (ii) increase the fee for a PRIME AOC
                                                    • Send an email to rule-comments@                      Effectiveness of a Proposed Rule                        Response from $0.90 per contract to
                                                  sec.gov. Please include File Number SR–                  Change To Amend Its Fee Schedule                        $0.94 per contract for standard options
                                                                                                                                                                   in non-Penny Pilot classes; and (iii)
                                                  BX–2015–038 on the subject line.                         July 9, 2015.                                           provide for additional incentives for
                                                  Paper Comments                                              Pursuant to the provisions of Section                achieving certain Priority Customer
                                                                                                           19(b)(1) of the Securities Exchange Act                 Rebate Program volume tiers.
                                                    • Send paper comments in triplicate                    of 1934 (‘‘Act’’),1 and Rule 19b–4                         Currently, the Exchange assesses
                                                  to Secretary, Securities and Exchange                    thereunder,2 notice is hereby given that                PRIME AOC Responses $0.45 per
                                                  Commission, 100 F Street NE.,                            on July 7, 2015, Miami International                    contract for standard options in Penny
                                                  Washington, DC 20549–1090.                               Securities Exchange LLC (‘‘MIAX’’ or                    Pilot classes and $0.90 per contract in
                                                                                                           ‘‘Exchange’’) filed with the Securities                 non-Penny Pilot classes. The Exchange
                                                  All submissions should refer to File                     and Exchange Commission
                                                  Number SR–BX–2015–038. This file                                                                                 now proposes to modify these fees that
                                                                                                           (‘‘Commission’’) a proposed rule change                 apply to PRIME AOC Responses.
                                                  number should be included on the                         as described in Items I, II, and III below,             Specifically, the Exchange proposes: (i)
                                                  subject line if email is used. To help the               which Items have been prepared by the                   Increase the fee for a PRIME AOC
                                                  Commission process and review your                       Exchange. The Commission is                             Response from $0.45 per contract to
                                                  comments more efficiently, please use                    publishing this notice to solicit                       $0.49 per contract for standard options
                                                  only one method. The Commission will                     comments on the proposed rule change                    in Penny Pilot classes; and (ii) increase
                                                  post all comments on the Commission’s                    from interested persons.                                the fee for a PRIME AOC Response from
                                                  Internet Web site (http://www.sec.gov/                                                                           $0.90 per contract to $0.94 per contract
                                                  rules/sro.shtml). Copies of the                          I. Self-Regulatory Organization’s
                                                                                                           Statement of the Terms of the Substance                 for standard options in non-Penny Pilot
                                                  submission, all subsequent                                                                                       classes. The Exchange will continue to
                                                                                                           of the Proposed Rule Change
                                                  amendments, all written statements                                                                               assess the standard transaction fees to a
                                                  with respect to the proposed rule                           The Exchange is filing a proposal to                 PRIME AOC Response if they execute
                                                  change that are filed with the                           amend the MIAX Options Fee Schedule.                    against unrelated orders.
                                                  Commission, and all written                                 The text of the proposed rule change                    The Exchange proposes to offer
                                                  communications relating to the                           is available on the Exchange’s Web site                 Members that submit PRIME AOC
                                                  proposed rule change between the                         at http://www.miaxoptions.com/filter/                   Responses the opportunity to reduce
                                                  Commission and any person, other than                    wotitle/rule_filing, at MIAX’s principal                transaction fees by $0.04 per contract in
                                                                                                           office, and at the Commission’s Public                  standard options if the Member or its
                                                  those that may be withheld from the
                                                                                                           Reference Room.                                         affiliates of at least 75% common
                                                  public in accordance with the
                                                  provisions of 5 U.S.C. 552, will be                      II. Self-Regulatory Organization’s                      ownership between the firms as
                                                  available for Web site viewing and                       Statement of the Purpose of, and                        reflected on each firm’s Form BD,
                                                  printing in the Commission’s Public                      Statutory Basis for, the Proposed Rule                  Schedule A, qualifies in a given month
                                                  Reference Room, 100 F Street NE.,                        Change                                                  for Priority Customer Rebate Program
                                                  Washington, DC 20549 on official                                                                                 volume tiers 3, 4, or 5 in the Fee
                                                                                                             In its filing with the Commission, the                Schedule. Specifically, any Member or
                                                  business days between the hours of                       Exchange included statements                            its affiliates of at least 75% common
                                                  10:00 a.m. and 3:00 p.m. Copies of such                  concerning the purpose of and basis for                 ownership between the firms as
                                                  filing also will be available for                        the proposed rule change and discussed                  reflected on each firm’s Form BD,
                                                  inspection and copying at the principal                  any comments it received on the                         Schedule A, that qualifies for Priority
                                                  offices of the Exchange. All comments                    proposed rule change. The text of these                 Customer Rebate Program volume tiers
                                                  received will be posted without change;                  statements may be examined at the                       3, 4, or 5 will be assessed a PRIME AOC
                                                  the Commission does not edit personal                    places specified in Item IV below. The                  Response fee of $0.45 per contract for
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  identifying information from                             Exchange has prepared summaries, set                    standard options in Penny Pilot classes.
                                                  submissions. You should submit only                      forth in sections A, B, and C below, of                 In addition, any Member or its affiliates
                                                  information that you wish to make                        the most significant aspects of such                    of at least 75% common ownership
                                                  available publicly. All submissions                      statements.
                                                  should refer to File Number SR–BX–                            10 17
                                                                                                                                                                     3 See Exchange Rule 515A. See also Securities
                                                                                                                      CFR 200.30–3(a)(12).                         Exchange Act Release No.) 72943 (August 28, 2014),
                                                  2015–038, and should be submitted on                          1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                   79 FR 52785 (September 4, 2014) (SR–MIAX–2014–
                                                  or before August 5, 2015.                                     2 17 CFR 240.19b–4.                                45); MIAX Options Fee Schedule, Section 1)a)iv).



                                             VerDate Sep<11>2014   18:52 Jul 14, 2015   Jkt 235001   PO 00000     Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\15JYN1.SGM   15JYN1


                                                                               Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices                                            41531

                                                  between the firms as reflected on each                   Schedule A, that qualifies for Priority               affiliated entities for the purposes of
                                                  firm’s Form BD, Schedule A, that                         Customer Rebate Program volume tiers                  calculating and assessing certain fees.
                                                  qualifies for Priority Customer Rebate                   3, 4, or 5, that submit PRIME AOC                     The Exchange believes that offering all
                                                  Program volume tiers 3, 4, or 5 will be                  Responses the opportunity to reduce                   such market participants the
                                                  assessed a PRIME AOC Response fee of                     transaction fees by $0.04 per contract in             opportunity to lower transaction fees by
                                                  $0.90 per contract for standard options                  standard options, provided certain                    incentivizing them to transact Priority
                                                  in non-Penny Pilot classes. The                          criteria are met, is reasonable because               Customer order flow in turn benefits all
                                                  Exchange believes that these incentives                  the Exchange desires to offer all such                market participants.
                                                  will encourage Members to transact a                     market participants an opportunity to                 B. Self-Regulatory Organization’s
                                                  greater number of contracts on the                       lower their transaction fees. The                     Statement on Burden on Competition
                                                  Exchange. The Exchange notes that                        Exchange’s proposal to offer Members or
                                                  these incentives will operate identically                its affiliates of at least 75% common                    The Exchange does not believe that
                                                  to the Priority Customer Rebate Program                  ownership between the firms as                        the proposed rule change will impose
                                                  incentives that apply to any Member or                   reflected on each firm’s Form BD,                     any burden on competition not
                                                  its affiliates of at least 75% common                    Schedule A, that qualifies for Priority               necessary or appropriate in furtherance
                                                  ownership between the firms as                           Customer Rebate Program volume tiers                  of the purposes of the Act. The
                                                  reflected on each firm’s Form BD,                        3, 4, or 5, that submit PRIME AOC                     Exchange believes that the proposed
                                                  Schedule A, that qualifies for Priority                  Responses the opportunity to reduce                   change will enhance the competiveness
                                                  Customer Rebate Program volume tiers                     transaction fees by $0.04 per contract in             of the Exchange relative to other
                                                  3, 4, or 5 in other types of transaction                 standard options, provided certain                    exchanges that offer their own
                                                  fees.4                                                   criteria are met, is equitable and not                electronic crossing mechanism. The
                                                     The Exchange proposes to implement                    unfairly discriminatory because the                   Exchange believes that the proposed
                                                  the proposed changes beginning July 1,                   Exchange will offer all market                        fees are not going to have an impact on
                                                  2015.                                                    participants a means to reduce                        intra-market competition based on the
                                                                                                           transaction fees by qualifying for                    total cost for participants to transact as
                                                  2. Statutory Basis                                                                                             respondents to the Auction as compared
                                                                                                           volume tiers in the Priority Customer
                                                     The Exchange believes that its                        Rebate Program. The Exchange believes                 to the cost for participants to engage in
                                                  proposal to amend its fee schedule is                    that offering all such market                         non-Auction electronic transactions on
                                                  consistent with Section 6(b) of the Act 5                                                                      the Exchange. As noted above, the
                                                                                                           participants the opportunity to lower
                                                  in general, and furthers the objectives of                                                                     Exchange believes that the proposed
                                                                                                           transaction fees by incentivizing them to
                                                  Section 6(b)(4) of the Act 6 in particular,                                                                    pricing for the PRIME Auction is
                                                                                                           transact Priority Customer order flow in
                                                  in that it is an equitable allocation of                                                                       comparable to that of other exchanges
                                                                                                           turn benefits all market participants. To
                                                  reasonable fees and other charges among                                                                        offering similar electronic price
                                                                                                           the extent that there is higher
                                                  Exchange members.                                                                                              improvement mechanisms, and the
                                                                                                           transaction fees assessed on market
                                                     The Exchange’s proposal to increase                                                                         Exchange believes that market
                                                                                                           participants without Priority Customer
                                                  the transaction fees for Members that                                                                          participants understand that the price-
                                                                                                           order flow, the Exchange believes that
                                                  submit PRIME AOC Responses is                                                                                  improving benefits, based on their
                                                                                                           this is appropriate because the proposal
                                                  reasonable because the Exchange’s fees                                                                         experience with electronic price
                                                                                                           should incent Members to direct                       improvement crossing mechanisms on
                                                  will remain competitive with fees at
                                                                                                           additional order flow to the Exchange                 other markets, offered by the Auction
                                                  other options exchanges.7 The
                                                                                                           and thus provide additional liquidity                 justify and offset the transaction costs
                                                  Exchange’s proposal to increase the
                                                                                                           that enhances the quality of its markets              associated with Auction. To the extent
                                                  transaction fees for Members that
                                                                                                           and increases the volume of contracts                 that there is a difference between non-
                                                  submit PRIME AOC Responses is
                                                                                                           traded here. To the extent that this                  Auction transactions fees and Auction
                                                  equitable and not unfairly
                                                                                                           purpose is achieved, all the Exchange’s               transactions fees, the Exchange does not
                                                  discriminatory because the increase
                                                                                                           market participants should benefit from               believe this difference will cause
                                                  applies equally to all such market
                                                                                                           the improved market liquidity.                        participants to refrain from responding
                                                  participants. The Exchange believes that
                                                                                                           Enhanced market quality and increased                 to Auctions. In addition, the Exchange
                                                  the transaction fees for responding to
                                                                                                           transaction volume that results from the              does not believe that the proposed
                                                  the auction will not deter market
                                                                                                           anticipated increase in order flow                    transaction fees and credits burden
                                                  participants from providing price
                                                                                                           directed to the Exchange will benefit all             competition by creating a disparity of
                                                  improvement. In addition, the Exchange
                                                                                                           market participants and improve                       transaction fees between the PRIME
                                                  believes that it is reasonable to continue
                                                                                                           competition on the Exchange.                          Order and the transaction fees that a
                                                  to assess lower transaction fees in penny
                                                  option classes than non-penny option                        The Exchange believes that the                     responder pays would result in certain
                                                  classes in a manner similar to the                       proposal to allow the aggregation of                  participants being unable to compete
                                                  current fees.8                                           trading activity of separate Members or               with the Contra-side Order. The
                                                     The Exchange’s proposal to offer                      its affiliates for purposes of the fee                Exchange expects to see robust
                                                  Members or its affiliates of at least 75%                reduction is fair, equitable and not                  competition within the PRIME Auction,
                                                  common ownership between the firms                       unreasonably discriminatory. The                      despite the apparent differences in non-
                                                  as reflected on each firm’s Form BD,                     Exchange believes the proposed rule                   Auction fees versus Auction response
                                                                                                           change is reasonable because it would                 fees.
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                                                    4 See MIAX Options Fee Schedule.                       allow aggregation of the trading activity                To the extent that there is additional
                                                    5 15 U.S.C. 78f(b).                                    of separate Members or its affiliates for             competitive burden on market
                                                    6 15 U.S.C. 78f(b)(4).                                 purposes of the fee reduction only in                 participants without Priority Customer
                                                    7 See e.g., NYSE Amex Options Fee Schedule;
                                                                                                           very narrow circumstances, namely,                    order flow, the Exchange believes that
                                                  International Securities Exchange LLC Schedule of        where the firm is an affiliate, as defined            this is appropriate because the proposal
                                                  Fees; BOX Options Exchange Fee Schedule.
                                                    8 See Securities Exchange Act Release No. 72989        herein. Furthermore, other exchanges,                 should incent Members to direct
                                                  (September 4, 2014), 79 FR 53792 (September 10,          as well as MIAX, have rules that permit               additional order flow to the Exchange
                                                  2014) (SR–MIAX–2014–47).                                 the aggregation of the trading activity of            and thus provide additional liquidity


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                                                  41532                               Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices

                                                  that enhances the quality of its markets                    Electronic Comments                                       SECURITIES AND EXCHANGE
                                                  and increases the volume of contracts                                                                                 COMMISSION
                                                  traded here. To the extent that this                          • Use the Commission’s Internet
                                                                                                              comment form (http://www.sec.gov/                         [Release No. 34–75407; File No. SR–BYX–
                                                  purpose is achieved, all the Exchange’s                                                                               2015–30]
                                                  market participants should benefit from                     rules/sro.shtml); or
                                                  the improved market liquidity.                                • Send an email to rule-comments@                       Self-Regulatory Organizations; BATS
                                                  Enhanced market quality and increased                       sec.gov. Please include File Number SR–                   Y-Exchange, Inc.; Notice of Filing and
                                                  transaction volume that results from the                    MIAX–2015–45 on the subject line.                         Immediate Effectiveness of a Proposed
                                                  anticipated increase in order flow                                                                                    Rule Change To Amend the Market
                                                  directed to the Exchange will benefit all                   Paper Comments
                                                                                                                                                                        Data Section of Its Fee Schedule
                                                  market participants and improve
                                                                                                                • Send paper comments in triplicate                     July 9, 2015.
                                                  competition on the Exchange.
                                                                                                              to Brent J. Fields, Secretary, Securities                    Pursuant to Section 19(b)(1) of the
                                                     The Exchange notes that it operates in                   and Exchange Commission, 100 F Street
                                                  a highly competitive market in which                                                                                  Securities Exchange Act of 1934 (the
                                                                                                              NE., Washington, DC 20549–1090.                           ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  market participants can readily favor
                                                  competing venues if they deem fee                           All submissions should refer to File                      notice is hereby given that on July 1,
                                                  levels at a particular venue to be                          Number SR–MIAX–2015–45. This file                         2015, BATS Y-Exchange, Inc. (the
                                                  excessive. In such an environment, the                      number should be included on the                          ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                  Exchange must continually adjust its                        subject line if email is used. To help the                Securities and Exchange Commission
                                                  fees to remain competitive with other                       Commission process and review your                        (‘‘Commission’’) the proposed rule
                                                  exchanges and to attract order flow to                                                                                change as described in Items I, II, and
                                                                                                              comments more efficiently, please use
                                                  the Exchange. The Exchange believes                                                                                   III below, which Items have been
                                                                                                              only one method. The Commission will
                                                  that the proposed rule change reflects                                                                                prepared by the Exchange. The
                                                                                                              post all comments on the Commission’s
                                                  this competitive environment because it                                                                               Exchange has designated the proposed
                                                                                                              Internet Web site (http://www.sec.gov/                    rule change as one establishing or
                                                  establishes a fee structure in a manner                     rules/sro.shtml).
                                                  that encourages market participants to                                                                                changing a member due, fee, or other
                                                                                                                 Copies of the submission, all                          charge imposed by the Exchange under
                                                  direct their order flow, to provide
                                                                                                              subsequent amendments, all written                        Section 19(b)(3)(A)(ii) of the Act 3 and
                                                  liquidity, and to attract additional
                                                  transaction volume to the Exchange.                         statements with respect to the proposed                   Rule 19b–4(f)(2) thereunder,4 which
                                                                                                              rule change that are filed with the                       renders the proposed rule change
                                                  C. Self-Regulatory Organization’s                           Commission, and all written                               effective upon filing with the
                                                  Statement on Comments on the                                communications relating to the                            Commission. The Commission is
                                                  Proposed Rule Change Received From                          proposed rule change between the                          publishing this notice to solicit
                                                  Members, Participants, or Others                            Commission and any person, other than                     comments on the proposed rule change
                                                                                                              those that may be withheld from the                       from interested persons.
                                                    Written comments were neither
                                                  solicited nor received.                                     public in accordance with the                             I. Self-Regulatory Organization’s
                                                                                                              provisions of 5 U.S.C. 552, will be                       Statement of the Terms of the Substance
                                                  III. Date of Effectiveness of the                           available for Web site viewing and                        of the Proposed Rule Change
                                                  Proposed Rule Change and Timing for                         printing in the Commission’s Public
                                                  Commission Action                                                                                                        The Exchange filed a proposal to
                                                                                                              Reference Room, 100 F Street NE.,                         amend the Market Data section of its fee
                                                     The foregoing rule change has become                     Washington, DC 20549 on official                          schedule to: (i) Adopt User fees, an
                                                  effective pursuant to Section                               business days between the hours of                        Enterprise fee, and a Digital Media
                                                  19(b)(3)(A)(ii) of the Act.9 At any time                    10:00 a.m. and 3:00 p.m. Copies of such                   Enterprise fee for the BYX Top and BYX
                                                  within 60 days of the filing of the                         filing also will be available for                         Last Sale feeds; and (ii) make a non-
                                                  proposed rule change, the Commission                        inspection and copying at the principal                   substantive change to the description of
                                                  summarily may temporarily suspend                           office of the Exchange. All comments                      the BATS One Feed Enterprise Fee as
                                                  such rule change if it appears to the                       received will be posted without change;                   well as correct a cross-reference within
                                                  Commission that such action is                              the Commission does not edit personal                     the definition of ‘‘Non-Professional
                                                  necessary or appropriate in the public                      identifying information from                              User’’.
                                                  interest, for the protection of investors,                  submissions. You should submit only                          The text of the proposed rule change
                                                  or otherwise in furtherance of the                          information that you wish to make                         is available at the Exchange’s Web site
                                                  purposes of the Act. If the Commission                      available publicly. All submissions                       at www.batstrading.com, at the
                                                  takes such action, the Commission shall                     should refer to File Number SR–MIAX–                      principal office of the Exchange, and at
                                                  institute proceedings to determine                          2015–45, and should be submitted on or                    the Commission’s Public Reference
                                                  whether the proposed rule should be                         before August 5, 2015.                                    Room.
                                                  approved or disapproved.                                                                                              II. Self-Regulatory Organization’s
                                                                                                                For the Commission, by the Division of
                                                  IV. Solicitation of Comments                                Trading and Markets, pursuant to delegated                Statement of the Purpose of, and
                                                                                                              authority.10                                              Statutory Basis for, the Proposed Rule
                                                    Interested persons are invited to                         Brent J. Fields,                                          Change
                                                  submit written data, views, and
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                                                                                                              Secretary.                                                  In its filing with the Commission, the
                                                  arguments concerning the foregoing,                                                                                   Exchange included statements
                                                                                                              [FR Doc. 2015–17296 Filed 7–14–15; 8:45 am]
                                                  including whether the proposed rule                                                                                   concerning the purpose of and basis for
                                                  change is consistent with the Act.                          BILLING CODE 8011–01–P
                                                  Comments may be submitted by any of                                                                                     1 15 U.S.C. 78s(b)(1).
                                                  the following methods:                                                                                                  2 17 CFR 240.19b–4.
                                                                                                                                                                          3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    9 15   U.S.C. 78s(b)(3)(A)(ii).                                10 17   CFR 200.30–3(a)(12).                           4 17 CFR 240.19b–4(f)(2).




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Document Created: 2015-12-15 13:32:11
Document Modified: 2015-12-15 13:32:11
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 41530 

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