80_FR_48133 80 FR 47980 - 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 47980 - 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 153 (August 10, 2015)

Page Range47980-47982
FR Document2015-19540

Federal Register, Volume 80 Issue 153 (Monday, August 10, 2015)
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Pages 47980-47982]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19540]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75603; File No. SR-MIAX-2015-49]


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

August 4, 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 30, 2015, Miami International Securities 
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and 
Exchange Commission (``Commission'') a proposed rule change as 
described in Items I, II, and III below, which Items have been prepared 
by the Exchange. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Options Fee 
Schedule.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at 
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

[[Page 47981]]

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule to adopt 
transaction fees for Qualified Contingent Cross (``QCC'') transactions. 
A QCC Order is comprised of an order to buy or sell at least 1,000 
contracts (or 10,000 mini-option contracts) that is identified as being 
part of a qualified contingent trade, coupled with a contra side order 
to buy or sell an equal number of contracts. The Exchange is proposing 
to establish fees for QCC Orders to coincide with the acceptance of QCC 
Orders on the Exchange beginning August 1, 2015.
    The proposed fees are based on the substantially similar fees of 
another competing options exchange.\3\
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    \3\ See Securities Exchange Act Release No. 75321 (June 29, 
2015), 80 FR 38489 (July 6, 2015) (SR-CBOE-2015-059).
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    The Exchange proposes to establish a transaction fee for all non-
Priority Customer \4\ QCC Orders of $0.15 per contract side (Priority 
Customer orders will not be assessed a charge). In addition, the 
Exchange proposes to adopt a $0.10 per contract credit for the 
initiating order side, regardless of origin code. The Exchange proposes 
to explicitly provide in the Fee Schedule that the credit will be paid 
to the Member that enters the order into the System, but will only be 
paid on the initiating side of the QCC transaction. However, no rebates 
will be paid for QCC transactions in which both the initiator and 
contra-side orders are Priority Customers.
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    \4\ The term ``Priority Customer'' means a person or entity that 
(i) is not a broker or dealer in securities, and (ii) does not place 
more than 390 orders in listed options per day on average during a 
calendar month for its own beneficial accounts(s). See Exchange Rule 
100.
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    Additionally, the Exchange proposes to state explicitly in the Fee 
Schedule that a QCC transaction is comprised of an `initiating order' 
to buy (sell) at least 1,000 contracts or 10,000 mini-option contracts, 
coupled with a contra-side order to sell (buy) an equal number of 
contracts.\5\ The Exchange notes that with regard to order entry, the 
first order submitted into the system is marked as the initiating side 
and the second order is marked as the contra side
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    \5\ See Exchange Rule 516(j).
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    The purpose of these changes is to incentivize the sending of QCC 
Orders to the Exchange. The Exchange notes that other competing 
exchanges similarly provide rebates on QCC initiating orders.\6\ The 
Exchange also notes that QCC orders comprised of mini-contracts will be 
assessed QCC fees and afforded rebates equal to 10% of the fees and 
rebates applicable to QCC Orders comprised of standard option 
contracts. The Exchange is also proposing to amend Section 1(b) of the 
Fee Schedule to reflect that MIAX will not assess a Marketing Fee \7\ 
for contracts executed as a QCC, and will not assess the additional 
Posted Liquidity Marketing Fee \8\ to Market Makers for contracts 
executed as QCC Orders.
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    \6\ See Chicago Board Options Exchange, Fees Schedule; 
International Securities Exchange, LLC (``ISE'') Schedule of Fees.
    \7\ MIAX assesses a Marketing Fee to all Market Makers for 
contracts, including mini options, they execute in their assigned 
classes when the contra-party to the execution is a Priority 
Customer. See Fee Schedule section 1(b).
    \8\ MIAX assesses an additional $0.12 per contract Posted 
Liquidity Marketing Fee to all Market Makers for any standard 
options overlying EEM, GLD, IWM, QQQ, and SPY that Market Makers 
execute in their assigned class when the contra-party to the 
execution is a Priority Customer and the Priority Customer order was 
posted on the MIAX Book at the time of the execution. Id.
---------------------------------------------------------------------------

    Finally, the Exchange proposes to provide that QCC Orders are 
excluded from: (i) The volume threshold calculations for the Market 
Maker Sliding Scale; (ii) and the rebates and volume calculations as 
part of the Priority Customer Rebate Program. The Exchange believes 
that excluding QCC Orders from these fees and rebates is appropriate, 
because QCC Orders from Market Makers and Priority Customers will be 
subject to the specific transaction fees as described above that are 
tailored specifically for encouraging market participants to transact 
QCC Orders on the Exchange. The Exchange does not believe that it is 
necessary at this time to extend the favorable volume fee rates nor the 
rebate program to QCC Orders.
    The Exchange proposes to implement the proposed changes beginning 
August 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 \9\ in general, and furthers 
the objectives of section 6(b)(4) of the Act \10\ in particular, in 
that it is an equitable allocation of reasonable fees and other charges 
among Exchange members.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes the proposed transaction fee for QCC Orders 
is reasonable because the proposed amount is in line with the amount 
assessed at other Exchanges for similar transactions.\11\ Additionally, 
the proposed fee would be charged to all non-Priority Customers alike. 
Assessing QCC rates to all market participants except Priority 
Customers is equitable and not unfairly discriminatory because Priority 
Customer order flow enhances liquidity on the Exchange for the benefit 
of all market participants. Specifically, Priority Customer liquidity 
benefits all market participants by providing more trading 
opportunities, which attracts Market-Makers. An increase in the 
activity of these market participants in turn facilitates tighter 
spreads, which may cause an additional corresponding increase in order 
flow from other market participants. By exempting Priority Customer 
orders, the QCC transaction fees will not discourage the sending of 
Priority Customer orders.
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    \11\ See Chicago Board Options Exchange, Inc. Fees Schedule; 
International Securities Exchange, LLC (``ISE'') Schedule of Fees.
---------------------------------------------------------------------------

    The Exchange believes the proposed rebate for the initiating order 
side of a QCC transaction is reasonable because other competing 
exchanges also provide a rebate on the initiating order side. 
Additionally, the proposed credit amount is within the range of the 
rebate amounts at the other competing exchanges.\12\ The Exchange 
believes the proposed credit is equitable and not unfairly 
discriminatory because it applies to all Members that enter the 
initiating order (except for when both the initiator and contra-side 
orders are Priority Customers) and because it is intended to 
incentivize the sending of more QCC Orders to the Exchange. The 
Exchange believes it is reasonable, equitable and not unfairly 
discriminatory to not provide a rebate for the initiating order for QCC 
transactions for which both the initiator and the contra-side orders 
are Priority Customers since Priority Customers are already 
incentivized by a reduced fee for submitting QCC Orders. The Exchange 
believes that the proposed exclusion of QCC Orders from the Market 
Maker Sliding Scale and the Priority Customer Rebate Program is 
reasonable because it enables QCC Orders from all market participants 
to be subject to only the specific transaction fees as described above 
that are tailored specifically for encouraging market participants to 
transact QCC Orders on the Exchange. The Exchange believes that the 
exclusion is equitable and not unfairly discriminatory because it 
ensures all market participants, other than Priority Customers, to be 
subject to the same transaction fee for QCC Orders. While Priority 
Customers will benefit

[[Page 47982]]

from a lower transaction fee rate for QCC Orders, excluding QCC Orders 
from the Priority Customer Rebate Program enables a more equitable and 
not unfairly discriminatory outcome.
---------------------------------------------------------------------------

    \12\ See id.
---------------------------------------------------------------------------

    The Exchange further believes that not assessing a Marketing Fee 
for contracts executed as a QCC, and not assessing the additional 
Posted Liquidity Marketing Fee to Market Makers for contracts executed 
as a QCC Order is equitable and not unfairly discriminatory because 
such order types are originated from the same Member organization, thus 
obviating the purpose of the Marketing Fees. Finally, the Exchange 
believes that the proposed change to the Fee Schedule specifying that 
QCC orders comprised of mini-contracts will be assessed QCC fees and 
afforded rebates equal to 10% of the fees and rebates applicable to QCC 
Orders comprised of standard option contracts is equitable and not 
unfairly discriminatory because it clearly and transparently describes 
the fees applicable to QCC Orders involving mini-contracts for all MIAX 
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, because the proposed rule 
change applies to all Members. The Exchange believes this proposal will 
not cause an unnecessary burden on intermarket competition because the 
proposed changes will actually enhance the competiveness of the 
Exchange relative to other exchanges which offer comparable fees and 
rebates for QCC transactions. To the extent that the proposed changes 
make the Exchange a more attractive marketplace for market participants 
at other exchanges, such market participants are welcome to become 
market participants on 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.\13\ 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.
---------------------------------------------------------------------------

    \13\ 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 [email protected]. Please include 
File Number SR-MIAX-2015-49 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-2015-49. 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-2015-49, and should be 
submitted on or before August 31, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-19540 Filed 8-7-15; 8:45 am]
 BILLING CODE 8011-01-P



                                              47980                        Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices

                                                The Commission therefore believes                     proposed rule change, in addition to any                 For the Commission, by the Division of
                                              that questions are raised as to whether                 other comments they may wish to                        Trading and Markets, pursuant to delegated
                                              the proposed rule change is consistent                  submit about the proposed rule change.                 authority.26
                                              with the requirements of Section 6(b)(5)                In particular, the Commission seeks                    Robert W. Errett,
                                              of the Act, including whether it would                  comment on the statements of the                       Deputy Secretary.
                                              be designed to promote just and                         Exchange contained in the Notice,25 and                [FR Doc. 2015–19536 Filed 8–7–15; 8:45 am]
                                              equitable principles of trade, and                      any other issues raised by the proposed                BILLING CODE 8011–01–P
                                              protect investors and the public interest.              rule change.
                                              IV. Procedure: Request for Written                        Comments may be submitted by any
                                                                                                      of the following methods:                              SECURITIES AND EXCHANGE
                                              Comments
                                                                                                                                                             COMMISSION
                                                The Commission requests that                          Electronic Comments
                                              interested persons provide written                                                                             [Release No. 34–75603; File No. SR–MIAX–
                                              submissions of their views, data, and                     • Use the Commission’s Internet                      2015–49]
                                              arguments with respect to the concerns                  comment form (http://www.sec.gov/
                                                                                                      rules/sro.shtml); or                                   Self-Regulatory Organizations; Miami
                                              identified above, as well as any others                                                                        International Securities Exchange LLC;
                                              they may have with the proposal. In                       • Send an email to rule-comments@
                                                                                                                                                             Notice of Filing and Immediate
                                              particular, the Commission invites the                  sec.gov. Please include File Number SR–
                                                                                                                                                             Effectiveness of a Proposed Rule
                                              written views of interested persons                     NYSE–2015–02 on the subject line.
                                                                                                                                                             Change To Amend Its Fee Schedule
                                              concerning whether the proposed rule                    Paper Comments
                                              change is inconsistent with Section                                                                            August 4, 2015.
                                              6(b)(5) 23 or any other provision of the                  • Send paper comments in triplicate                     Pursuant to the provisions of section
                                              Act, or the rules and regulation                        to Brent J. Fields, Secretary, Securities              19(b)(1) of the Securities Exchange Act
                                              thereunder. Although there do not                       and Exchange Commission, 100 F Street                  of 1934 (‘‘Act’’),1 and Rule 19b-4
                                              appear to be any issues relevant to                     NE., Washington, DC 20549–1090.                        thereunder,2 notice is hereby given that
                                              approval or disapproval which would                                                                            on July 30, 2015, Miami International
                                                                                                      All submissions should refer to File
                                              be facilitated by an oral presentation of                                                                      Securities Exchange LLC (‘‘MIAX’’ or
                                                                                                      Number SR–NYSE–2015–02. This file
                                              views, data, and arguments, the                                                                                ‘‘Exchange’’) filed with the Securities
                                              Commission will consider, pursuant to                   number should be included on the
                                                                                                      subject line if email is used. To help the             and Exchange Commission
                                              Rule 19b-4, any request for an                                                                                 (‘‘Commission’’) a proposed rule change
                                              opportunity to make an oral                             Commission process and review your
                                                                                                      comments more efficiently, please use                  as described in Items I, II, and III below,
                                              presentation.24                                                                                                which Items have been prepared by the
                                                Interested persons are invited to                     only one method. The Commission will
                                                                                                      post all comments on the Commission’s                  Exchange. The Commission is
                                              submit written data, views, and                                                                                publishing this notice to solicit
                                              arguments regarding whether the                         Internet Web site (http://www.sec.gov/
                                                                                                      rules/sro.shtml). Copies of the                        comments on the proposed rule change
                                              proposed rule change should be                                                                                 from interested persons.
                                              disapproved by August 31, 2015. Any                     submission, all subsequent
                                              person who wishes to file a rebuttal to                 amendments, all written statements                     I. Self-Regulatory Organization’s
                                              any other person’s submission must file                 with respect to the proposed rule                      Statement of the Terms of Substance of
                                              that rebuttal by September 14, 2015. The                change that are filed with the                         the Proposed Rule Change
                                              Commission asks that commenters                         Commission, and all written
                                                                                                                                                                The Exchange is filing a proposal to
                                              address the sufficiency and merit of the                communications relating to the
                                                                                                                                                             amend the MIAX Options Fee Schedule.
                                              Exchange’s statements in support of the                 proposed rule change between the
                                                                                                                                                                The text of the proposed rule change
                                                                                                      Commission and any person, other than
                                                                                                                                                             is available on the Exchange’s Web site
                                              nonetheless, an ‘equity-compensation plan’’’ for        those that may be withheld from the
                                                                                                                                                             at http://www.miaxoptions.com/filter/
                                              purposes of the rule. Section 303A.08 also lists        public in accordance with the
                                              certain plans that would not be considered equity                                                              wotitle/rule_filing, at MIAX’s principal
                                                                                                      provisions of 5 U.S.C. 552, will be
                                              compensation plans under its definition, for                                                                   office, and at the Commission’s Public
                                                                                                      available for Web site viewing and
                                              example, plans that are made available to                                                                      Reference Room.
                                              shareholders generally, such as a typical dividend      printing in the Commission’s Public
                                              reinvestment plan, and plans that merely allow          Reference Room, 100 F Street NE.,                      II. Self-Regulatory Organization’s
                                              employees, directors or other service providers to      Washington, DC 20549, on official                      Statement of the Purpose of, and
                                              elect to buy shares on the open market or from the
                                              listed company for their current fair market value.     business days between the hours of                     Statutory Basis for, the Proposed Rule
                                              The Commission notes that, in approving the equity      10:00 a.m. and 3:00 p.m. Copies of such                Change
                                              compensation rules, it stated that the rules should     filing also will be available for                        In its filing with the Commission, the
                                              have the effect of safeguarding the interests of        inspection and copying at the principal
                                              shareholders, while placing certain restrictions on                                                            Exchange included statements
                                              listed companies, and provide shareholders with         office of the Exchange. All comments                   concerning the purpose of and basis for
                                              greater protection from the potential dilutive effect   received will be posted without change;                the proposed rule change and discussed
                                              of equity compensation plans. See Securities            the Commission does not edit personal
                                              Exchange Act Release No. 48108 (June 30, 2003), 68                                                             any comments it received on the
                                              FR 39995 (July 3, 2003) (SR–NYSE–2002–46 and
                                                                                                      identifying information from                           proposed rule change. The text of these
                                              SR–NASD–2002–140).                                      submissions. You should submit only                    statements may be examined at the
                                                 23 15 U.S.C. 78f(b)(5).                              information that you wish to make                      places specified in Item IV below. The
                                                 24 Section 19(b)(2) of the Act, as amended by the    available publicly. All submissions                    Exchange has prepared summaries, set
                                              Securities Act Amendments of 1975, Pub. L. 94–29
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      should refer to File Number SR–NYSE–                   forth in sections A, B, and C below, of
                                              (June 4, 1975), grants the Commission flexibility to
                                              determine what type of proceeding—either oral or        2015–02 and should be submitted on or                  the most significant aspects of such
                                              notice and opportunity for written comments—is          before August 31, 2015. Rebuttal                       statements.
                                              appropriate for consideration of a particular           comments should be submitted by
                                              proposal by a self-regulatory organization. See         September 14, 2015.                                      26 17 CFR 200.30–3(a)(57).
                                              Securities Act Amendments of 1975, Senate Comm.
                                                                                                                                                               1 15 U.S.C. 78s(b)(1).
                                              on Banking, Housing & Urban Affairs, S. Rep. No.
                                              75, 94th Cong., 1st Sess. 30 (1975).                      25 See   Notice, supra note 3.                         2 17 CFR 240.19b-4.




                                         VerDate Sep<11>2014   18:16 Aug 07, 2015   Jkt 235001   PO 00000   Frm 00086    Fmt 4703   Sfmt 4703   E:\FR\FM\10AUN1.SGM    10AUN1


                                                                           Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices                                                    47981

                                              A. Self-Regulatory Organization’s                       initiating orders.6 The Exchange also                 transactions.11 Additionally, the
                                              Statement of the Purpose of, and                        notes that QCC orders comprised of                    proposed fee would be charged to all
                                              Statutory Basis for, the Proposed Rule                  mini-contracts will be assessed QCC                   non-Priority Customers alike. Assessing
                                              Change                                                  fees and afforded rebates equal to 10%                QCC rates to all market participants
                                                                                                      of the fees and rebates applicable to                 except Priority Customers is equitable
                                              1. Purpose                                              QCC Orders comprised of standard                      and not unfairly discriminatory because
                                                 The Exchange proposes to amend its                   option contracts. The Exchange is also                Priority Customer order flow enhances
                                              Fee Schedule to adopt transaction fees                  proposing to amend Section 1(b) of the                liquidity on the Exchange for the benefit
                                              for Qualified Contingent Cross (‘‘QCC’’)                Fee Schedule to reflect that MIAX will                of all market participants. Specifically,
                                              transactions. A QCC Order is comprised                  not assess a Marketing Fee 7 for                      Priority Customer liquidity benefits all
                                              of an order to buy or sell at least 1,000               contracts executed as a QCC, and will                 market participants by providing more
                                              contracts (or 10,000 mini-option                        not assess the additional Posted                      trading opportunities, which attracts
                                              contracts) that is identified as being part             Liquidity Marketing Fee 8 to Market                   Market-Makers. An increase in the
                                              of a qualified contingent trade, coupled                Makers for contracts executed as QCC                  activity of these market participants in
                                              with a contra side order to buy or sell                 Orders.                                               turn facilitates tighter spreads, which
                                              an equal number of contracts. The                          Finally, the Exchange proposes to                  may cause an additional corresponding
                                              Exchange is proposing to establish fees                 provide that QCC Orders are excluded                  increase in order flow from other market
                                              for QCC Orders to coincide with the                     from: (i) The volume threshold                        participants. By exempting Priority
                                              acceptance of QCC Orders on the                         calculations for the Market Maker                     Customer orders, the QCC transaction
                                              Exchange beginning August 1, 2015.                      Sliding Scale; (ii) and the rebates and               fees will not discourage the sending of
                                                                                                      volume calculations as part of the                    Priority Customer orders.
                                                 The proposed fees are based on the
                                                                                                      Priority Customer Rebate Program. The                    The Exchange believes the proposed
                                              substantially similar fees of another
                                                                                                      Exchange believes that excluding QCC                  rebate for the initiating order side of a
                                              competing options exchange.3
                                                                                                      Orders from these fees and rebates is                 QCC transaction is reasonable because
                                                 The Exchange proposes to establish a                 appropriate, because QCC Orders from                  other competing exchanges also provide
                                              transaction fee for all non-Priority                    Market Makers and Priority Customers                  a rebate on the initiating order side.
                                              Customer 4 QCC Orders of $0.15 per                      will be subject to the specific                       Additionally, the proposed credit
                                              contract side (Priority Customer orders                 transaction fees as described above that              amount is within the range of the rebate
                                              will not be assessed a charge). In                      are tailored specifically for encouraging             amounts at the other competing
                                              addition, the Exchange proposes to                      market participants to transact QCC                   exchanges.12 The Exchange believes the
                                              adopt a $0.10 per contract credit for the               Orders on the Exchange. The Exchange                  proposed credit is equitable and not
                                              initiating order side, regardless of origin             does not believe that it is necessary at              unfairly discriminatory because it
                                              code. The Exchange proposes to                          this time to extend the favorable volume              applies to all Members that enter the
                                              explicitly provide in the Fee Schedule                  fee rates nor the rebate program to QCC               initiating order (except for when both
                                              that the credit will be paid to the                     Orders.                                               the initiator and contra-side orders are
                                              Member that enters the order into the                      The Exchange proposes to implement                 Priority Customers) and because it is
                                              System, but will only be paid on the                    the proposed changes beginning August                 intended to incentivize the sending of
                                              initiating side of the QCC transaction.                 1, 2015.                                              more QCC Orders to the Exchange. The
                                              However, no rebates will be paid for                                                                          Exchange believes it is reasonable,
                                              QCC transactions in which both the                      2. Statutory Basis
                                                                                                                                                            equitable and not unfairly
                                              initiator and contra-side orders are                       The Exchange believes that its                     discriminatory to not provide a rebate
                                              Priority Customers.                                     proposal to amend its fee schedule is                 for the initiating order for QCC
                                                 Additionally, the Exchange proposes                  consistent with section 6(b) of the Act 9             transactions for which both the initiator
                                              to state explicitly in the Fee Schedule                 in general, and furthers the objectives of            and the contra-side orders are Priority
                                              that a QCC transaction is comprised of                  section 6(b)(4) of the Act 10 in particular,          Customers since Priority Customers are
                                              an ‘initiating order’ to buy (sell) at least            in that it is an equitable allocation of              already incentivized by a reduced fee
                                              1,000 contracts or 10,000 mini-option                   reasonable fees and other charges among               for submitting QCC Orders. The
                                              contracts, coupled with a contra-side                   Exchange members.                                     Exchange believes that the proposed
                                              order to sell (buy) an equal number of                     The Exchange believes the proposed
                                                                                                                                                            exclusion of QCC Orders from the
                                              contracts.5 The Exchange notes that                     transaction fee for QCC Orders is
                                                                                                                                                            Market Maker Sliding Scale and the
                                              with regard to order entry, the first order             reasonable because the proposed
                                                                                                                                                            Priority Customer Rebate Program is
                                              submitted into the system is marked as                  amount is in line with the amount
                                                                                                                                                            reasonable because it enables QCC
                                              the initiating side and the second order                assessed at other Exchanges for similar
                                                                                                                                                            Orders from all market participants to
                                              is marked as the contra side                                                                                  be subject to only the specific
                                                                                                         6 See Chicago Board Options Exchange, Fees
                                                 The purpose of these changes is to                   Schedule; International Securities Exchange, LLC      transaction fees as described above that
                                              incentivize the sending of QCC Orders                   (‘‘ISE’’) Schedule of Fees.                           are tailored specifically for encouraging
                                              to the Exchange. The Exchange notes                        7 MIAX assesses a Marketing Fee to all Market
                                                                                                                                                            market participants to transact QCC
                                              that other competing exchanges                          Makers for contracts, including mini options, they    Orders on the Exchange. The Exchange
                                                                                                      execute in their assigned classes when the contra-
                                              similarly provide rebates on QCC                        party to the execution is a Priority Customer. See    believes that the exclusion is equitable
                                                                                                      Fee Schedule section 1(b).                            and not unfairly discriminatory because
                                                 3 See Securities Exchange Act Release No. 75321         8 MIAX assesses an additional $0.12 per contract   it ensures all market participants, other
                                              (June 29, 2015), 80 FR 38489 (July 6, 2015) (SR–        Posted Liquidity Marketing Fee to all Market          than Priority Customers, to be subject to
tkelley on DSK3SPTVN1PROD with NOTICES




                                              CBOE–2015–059).                                         Makers for any standard options overlying EEM,
                                                 4 The term ‘‘Priority Customer’’ means a person      GLD, IWM, QQQ, and SPY that Market Makers
                                                                                                                                                            the same transaction fee for QCC Orders.
                                              or entity that (i) is not a broker or dealer in         execute in their assigned class when the contra-      While Priority Customers will benefit
                                              securities, and (ii) does not place more than 390       party to the execution is a Priority Customer and
                                              orders in listed options per day on average during      the Priority Customer order was posted on the            11 See Chicago Board Options Exchange, Inc. Fees

                                              a calendar month for its own beneficial accounts(s).    MIAX Book at the time of the execution. Id.           Schedule; International Securities Exchange, LLC
                                              See Exchange Rule 100.                                     9 15 U.S.C. 78f(b).                                (‘‘ISE’’) Schedule of Fees.
                                                 5 See Exchange Rule 516(j).                             10 15 U.S.C. 78f(b)(4).                               12 See id.




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                                              47982                            Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices

                                              from a lower transaction fee rate for                      proposed rule change, the Commission                  information that you wish to make
                                              QCC Orders, excluding QCC Orders                           summarily may temporarily suspend                     available publicly. All submissions
                                              from the Priority Customer Rebate                          such rule change if it appears to the                 should refer to File Number SR–MIAX–
                                              Program enables a more equitable and                       Commission that such action is                        2015–49, and should be submitted on or
                                              not unfairly discriminatory outcome.                       necessary or appropriate in the public                before August 31, 2015.
                                                 The Exchange further believes that                      interest, for the protection of investors,              For the Commission, by the Division of
                                              not assessing a Marketing Fee for                          or otherwise in furtherance of the                    Trading and Markets, pursuant to delegated
                                              contracts executed as a QCC, and not                       purposes of the Act. If the Commission                authority.14
                                              assessing the additional Posted                            takes such action, the Commission shall               Robert W. Errett,
                                              Liquidity Marketing Fee to Market                          institute proceedings to determine                    Deputy Secretary.
                                              Makers for contracts executed as a QCC                     whether the proposed rule should be
                                                                                                                                                               [FR Doc. 2015–19540 Filed 8–7–15; 8:45 am]
                                              Order is equitable and not unfairly                        approved or disapproved.
                                                                                                                                                               BILLING CODE 8011–01–P
                                              discriminatory because such order types
                                                                                                         IV. Solicitation of Comments
                                              are originated from the same Member
                                              organization, thus obviating the purpose                     Interested persons are invited to
                                              of the Marketing Fees. Finally, the                        submit written data, views, and                       SMALL BUSINESS ADMINISTRATION
                                              Exchange believes that the proposed                        arguments concerning the foregoing,
                                                                                                         including whether the proposed rule                   Privacy Act of 1974: System of
                                              change to the Fee Schedule specifying
                                                                                                         change is consistent with the Act.                    Records
                                              that QCC orders comprised of mini-
                                              contracts will be assessed QCC fees and                    Comments may be submitted by any of                   AGENCY: Small Business Administration.
                                              afforded rebates equal to 10% of the fees                  the following methods:                                ACTION: Notice of Revision of Privacy
                                              and rebates applicable to QCC Orders                       Electronic Comments                                   Act System of Records.
                                              comprised of standard option contracts
                                              is equitable and not unfairly                                • Use the Commission’s Internet                     SUMMARY:    SBA is amending its Privacy
                                              discriminatory because it clearly and                      comment form (http://www.sec.gov/                     Act system of records notice titled,
                                              transparently describes the fees                           rules/sro.shtml); or                                  Business and Community Initiatives
                                                                                                           • Send an email to rule-comments@                   Resource Files, SBA–5 to clarify the
                                              applicable to QCC Orders involving
                                                                                                         sec.gov. Please include File Number SR–               categories of individuals and categories
                                              mini-contracts for all MIAX
                                                                                                         MIAX–2015–49 on the subject line.                     of records that are covered by that
                                              participants.
                                                                                                         Paper Comments                                        systems of records and also to change
                                              B. Self-Regulatory Organization’s                                                                                the title of the system of records.
                                              Statement on Burden on Competition                            • Send paper comments in triplicate
                                                                                                                                                               Publication of this notice complies with
                                                                                                         to Brent J. Fields, Secretary, Securities
                                                The Exchange does not believe that                       and Exchange Commission, 100 F Street                 the Privacy Act and the Office of
                                              the proposed rule change will impose                       NE., Washington, DC 20549–1090.                       Management and Budget (OMB)
                                              any burden on competition not                                                                                    Circular A–130 requirement for agencies
                                              necessary or appropriate in furtherance                    All submissions should refer to File                  to publish a notice in the Federal
                                              of the purposes of the Act, because the                    Number SR–MIAX–2015–49. This file                     Register whenever the agency alters a
                                              proposed rule change applies to all                        number should be included on the                      system of records.
                                              Members. The Exchange believes this                        subject line if email is used. To help the
                                                                                                                                                               DATES: Comment Date: Submit
                                              proposal will not cause an unnecessary                     Commission process and review your
                                                                                                         comments more efficiently, please use                 comments by September 9, 2015.
                                              burden on intermarket competition                                                                                  Effective Date: The changes to this
                                              because the proposed changes will                          only one method. The Commission will
                                                                                                                                                               system of records will become effective
                                              actually enhance the competiveness of                      post all comments on the Commission’s
                                                                                                                                                               September 24, 2015 unless comments
                                              the Exchange relative to other exchanges                   Internet Web site (http://www.sec.gov/
                                                                                                                                                               are received that result in further
                                              which offer comparable fees and rebates                    rules/sro.shtml). Copies of the
                                                                                                                                                               revision.
                                              for QCC transactions. To the extent that                   submission, all subsequent
                                                                                                         amendments, all written statements                    ADDRESSES: Submit written comments
                                              the proposed changes make the                                                                                    to Linda Di Giandomenico, Acting Chief
                                              Exchange a more attractive marketplace                     with respect to the proposed rule
                                                                                                         change that are filed with the                        Freedom of Information/Privacy Acts
                                              for market participants at other                                                                                 Office, U. S. Small Business
                                              exchanges, such market participants are                    Commission, and all written
                                                                                                         communications relating to the                        Administration, 409 3rd Street SW.,
                                              welcome to become market participants                                                                            Washington, DC 20416.
                                              on the Exchange.                                           proposed rule change between the
                                                                                                         Commission and any person, other than                 FOR FURTHER INFORMATION CONTACT:
                                              C. Self-Regulatory Organization’s                          those that may be withheld from the                   Linda Di Giandomenico, Acting Chief
                                              Statement on Comments on the                               public in accordance with the                         Freedom of Information/Privacy Acts
                                              Proposed Rule Change Received From                         provisions of 5 U.S.C. 552, will be                   Office, (202) 401–8203.
                                              Members, Participants, or Others                           available for Web site viewing and                    SUPPLEMENTARY INFORMATION: A system
                                                Written comments were neither                            printing in the Commission’s Public                   of records (SOR) is a group of any
                                              solicited nor received.                                    Reference Room, 100 F Street NE.,                     records under the control of a federal
                                                                                                         Washington, DC 20549 on official                      agency from which information is
                                              III. Date of Effectiveness of the                          business days between the hours of                    retrieved by the name of an individual
                                              Proposed Rule Change and Timing for                        10:00 a.m. and 3:00 p.m. Copies of such               or by a number, symbol or other
                                              Commission Action
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                         filing also will be available for                     identifier assigned to the individual.
                                                 The foregoing rule change has become                    inspection and copying at the principal               The Privacy Act, 5 U.S.C. 552a, requires
                                              effective pursuant to section                              office of the Exchange. All comments                  each federal agency to publish in the
                                              19(b)(3)(A)(ii) of the Act.13 At any time                  received will be posted without change;               Federal Register a system of records
                                              within 60 days of the filing of the                        the Commission does not edit personal                 notice (SORN) identifying and
                                                                                                         identifying information from
                                                13 15   U.S.C. 78s(b)(3)(A)(ii).                         submissions. You should submit only                     14 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-15 12:11:49
Document Modified: 2015-12-15 12:11:49
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 47980 

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