81_FR_63119 81 FR 62942 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule

81 FR 62942 - 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 81, Issue 177 (September 13, 2016)

Page Range62942-62944
FR Document2016-21913

Federal Register, Volume 81 Issue 177 (Tuesday, September 13, 2016)
[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62942-62944]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21913]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78781; File No. SR-MIAX-2016-30]


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

September 7, 2016.
    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 August 25, 2016, 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 ``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 is proposing to modify the current list of options for 
which the Exchange assesses the $0.12 per contract Posted Liquidity 
Marketing Fee (described below), which applies to options overlying 
DIA, EEM, FB, GDX, GLD, IWM, QQQ, SLV, SPY, USO, UVXY, and VXX (the 
``designated symbols''), as listed in the Fee Schedule. The Exchange is 
also proposing to modify the current list of designated symbols for 
which the Exchange assesses the $0.50 per contract transaction fee 
applicable to orders executed for the account of non-MIAX market makers 
in options overlying the designated symbols, and the discounted $0.48 
per contract transaction fee with respect to the designated symbols 
applicable to any Member or its Affiliate that qualifies for Priority 
Customer Rebate Program volume tiers 3 or higher, as discussed below. 
The Exchange proposes to remove some of the current designated symbols 
from both the Posted Liquidity Marketing Fee and the non-MIAX market 
maker transaction fees beginning with transactions occurring on or 
after the proposed September 1, 2016 effective date of this proposed 
rule change, and to continue to assess the Posted Liquidity Marketing 
Fee and the non-MIAX market maker transaction fees for the remaining 
symbols for transactions occurring on or after September 1, 2016 and 
extending through October 31, 2016.\3\
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    \3\ The Commission notes that in August 2016, the Exchange 
expanded the Posted Liquidity Marketing Fee to include 7 additional 
symbols. See File No. SR-MIAX-2016-22 (withdrawn) and Securities 
Exchange Act Release No. 78681 (August 25, 2016), 81 FR 60077 
(August 31, 2016) (SR-MIAX-2016-28). In the present filing, MIAX has 
removed those seven additional symbols effective September 1, 2016. 
Further, the Exchange has proposed to remove the five original 
symbols after October 31, 2016, which will result in no symbols 
being subject to the additional $0.12 per contract Posted Liquidity 
Marketing Fee. With this change, the Commission notes that net 
transaction fees for removing liquidity on MIAX that are assessed on 
market makers (i.e., the transaction fee together with the marketing 
fee and Posted Liquidity Marketing Fee) will no longer exceed $0.50 
per contract in classes in the Penny Pilot Program.
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Posted Liquidity Marketing Fee
    Marketing Fees are currently assessed on certain transactions of 
all MIAX Market Makers.\4\ Currently, Section (1)(b) of the Fee 
Schedule provides that the Exchange will assess 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. MIAX does not assess a Marketing Fee to Market 
Makers for contracts executed as a PRIME Agency Order, Contra-side 
Order, Qualified Contingent Cross Order, PRIME Participating Quote or 
Order, or a PRIME AOC Response in the PRIME Auction, unless it executes 
against an unrelated order.
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    \4\ See MIAX Fee Schedule, Section (1)(b), entitled ``Marketing 
Fee'' for more detail regarding the Marketing Fee.
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    The Exchange assesses an additional $0.12 per contract Posted 
Liquidity Marketing Fee to all Market Makers for any standard options 
overlying the designated symbols 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.\5\ The Posted Liquidity Marketing Fee is 
assessed in addition to the current Marketing Fee of $0.25 per contract 
for standard options overlying the designated symbols that Market 
Makers execute in their assigned class when the contra-party to the 
execution is a Priority Customer.\6\
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    \5\ For a complete description of the Posted Liquidity Marketing 
Fee, see Securities Exchange Act Release No. 73848 (December 16, 
2014), 79 FR 76421 (December 22, 2014) (SR-MIAX-2014-62).
    \6\ See id.

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[[Page 62943]]

    The Exchange is proposing to remove options overlying DIA, FB, GDX, 
SLV, USO, UVXY, and VXX from the current Posted Liquidity Marketing 
Fee. For transactions that occur on or after September 1, 2016 and 
extending through October 31, 2016, MIAX will continue to assess the 
Posted Liquidity Marketing Fee for transactions in options overlying 
EEM, GLD, IWM, QQQ, and SPY.
    The Exchange is also proposing to remove options overlying DIA, FB, 
GDX, SLV, USO, UVXY, and VXX from the list of symbols for which the 
Exchange assesses a $0.50 per contract transaction fee that currently 
applies to options overlying the designated symbols executed by non-
MIAX market makers, as set forth in Section (1)(a)(ii) of the Fee 
Schedule at footnote 8 \7\ The Exchange is proposing to continue to 
assess the $0.50 per contract non-MIAX market maker transaction fee for 
transactions in in options overlying EEM, GLD, IWM, QQQ, and SPY that 
occur on or after September 1, 2016 and extending through October 31, 
2016.
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    \7\ See Securities Exchange Act Release No. 73850 (December 16, 
2014), 79 FR 76424 (December 22, 2014) (SR-MIAX-2014-63) (adopting 
the Posted Liquidity Marketing Fee and $0.50 per contract non-MIAX 
market maker transaction fee for certain symbols).
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    Additionally, with respect to contracts executed by non-MIAX market 
makers, the Exchange proposes to modify the list of symbols for which 
the Exchange currently assesses transaction fees to any Member or its 
Affiliate that qualifies for Priority Customer Rebate Program \8\ 
volume tier 3 or higher. Members or Affiliates in Priority Customer 
Rebate Program volume tier 3 or higher are currently assessed a 
discounted transaction fee of $0.45 per contract for standard options 
in all options classes except for options overlying the designated 
symbols, for which Members and their Affiliates are assessed a $0.48 
per contract transaction fee. The Exchange is proposing to remove 
options overlying DIA, FB, GDX, SLV, USO, UVXY, and VXX from the list 
of designated symbols for which the Exchange assesses the $0.48 per 
contract transaction fee. The Exchange is proposing to continue to 
assess the $0.48 per contract transaction fee to Members or Affiliates 
in Priority Customer Rebate Program volume tier 3 or higher for 
transactions in in options overlying EEM, GLD, IWM, QQQ, and SPY that 
occur on or after September 1, 2016 and extending through October 31, 
2016.
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    \8\ MIAX credits each Member the per contract amount resulting 
from each Priority Customer order transmitted by that Member which 
is executed electronically on the Exchange in all multiply-listed 
option classes (excluding QCC Orders, mini-options, Priority 
Customer-to-Priority Customer Orders, PRIME AOC Responses, PRIME 
Contra-side Orders, PRIME Orders for which both the Agency and 
Contra-side Order are Priority Customers, and executions related to 
contracts that are routed to one or more exchanges in connection 
with the Options Order Protection and Locked/Crossed Market Plan 
referenced in MIAX Rule 1400), provided the Member meets certain 
percentage thresholds in a month as described in the Priority 
Customer Rebate Program table. See Fee Schedule, Section 
(1)(a)(iii).
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    The current transaction fee of $0.47 per contract for standard 
options, discounted to $0.45 per contract for any Member or its 
Affiliate that qualifies for Priority Customer Rebate Program volume 
tiers 3 or higher (and $0.045 per contract for mini options) \9\ 
assessed to non-MIAX market makers will apply to options overlying 
symbols that are deleted from the designated symbols. The proposed rule 
change is scheduled to become effective September 1, 2016.
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    \9\ See Fee Schedule Section (1)(a)(ii).
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2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with 
Section 6(b) of the Act \10\ in general, and in particular, furthers 
the objectives of Section 6(b)(4) of the Act,\11\ in that it is an 
equitable allocation of reasonable dues, fees, and other charges among 
its Members and other persons using its facilities, and 6(b)(5) of the 
Act,\12\ in that it is designed to prevent fraudulent and manipulative 
acts and practices, to promote just and equitable principles of trade, 
to foster cooperation and coordination with persons engaged in 
facilitating transactions in securities, to remove impediments to and 
perfect the mechanisms of a free and open market and a national market 
system and, in general, to protect investors and the public interest.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(1) and (b)(5).
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    The proposed modification of the Posted Liquidity Marketing Fee is 
fair, equitable, and not unreasonably discriminatory because it will 
apply equally to all Market Makers that execute against Priority 
Customer orders in options overlying the current designated symbols 
that are resting on the Exchange's Book. All similarly situated Market 
Makers that execute against Priority Customer orders in options 
overlying the current designated symbols that are resting on the 
Exchange's Book are subject to the same marketing fees, and access to 
the Exchange is offered on terms that are not unfairly discriminatory.
    Further, the Exchange's proposed modification of the list of 
symbols for which the Exchange assesses the $0.50 per contract 
transaction fee for non-MIAX market makers in options overlying the 
current designated symbols, and the $0.48 per contract transaction fee 
for Members or Affiliates in Priority Customer Rebate Program volume 
tier 3 or higher for options overlying the current designated symbols, 
is reasonable because the fees and the modification of the list of 
symbols will apply equally to all non-MIAX market makers submitting 
orders to the Exchange.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act.
    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 applies equally to all 
similarly situated MIAX participants.

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\ and Rule 19b-4(f)(2) \14\ thereunder. 
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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    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).

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[[Page 62944]]

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-2016-30 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-2016-30. 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-2016-30, and should be 
submitted on or before October 4, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-21913 Filed 9-12-16; 8:45 am]
BILLING CODE 8011-01-P



                                             62942                     Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices

                                             rules/sro.shtml). Copies of the                         comments on the proposed rule change                  date of this proposed rule change, and
                                             submission, all subsequent                              from interested persons.                              to continue to assess the Posted
                                             amendments, all written statements                                                                            Liquidity Marketing Fee and the non-
                                                                                                     I. Self-Regulatory Organization’s
                                             with respect to the proposed rule                                                                             MIAX market maker transaction fees for
                                                                                                     Statement of the Terms of Substance of
                                             change that are filed with the                                                                                the remaining symbols for transactions
                                                                                                     the Proposed Rule Change                              occurring on or after September 1, 2016
                                             Commission, and all written
                                             communications relating to the                             The Exchange is filing a proposal to               and extending through October 31,
                                             proposed rule change between the                        amend the MIAX Options Fee Schedule                   2016.3
                                             Commission and any person, other than                   (the ‘‘Fee Schedule’’).
                                                                                                                                                           Posted Liquidity Marketing Fee
                                             those that may be withheld from the                        The text of the proposed rule change
                                             public in accordance with the                           is available on the Exchange’s Web site                  Marketing Fees are currently assessed
                                             provisions of 5 U.S.C. 552, will be                     at http://www.miaxoptions.com/filter/                 on certain transactions of all MIAX
                                             available for Web site viewing and                      wotitle/rule_filing, at MIAX’s principal              Market Makers.4 Currently, Section
                                             printing in the Commission’s Public                     office, and at the Commission’s Public                (1)(b) of the Fee Schedule provides that
                                             Reference Room, 100 F Street NE.,                       Reference Room.                                       the Exchange will assess a Marketing
                                             Washington, DC 20549, on official                                                                             Fee to all Market Makers for contracts,
                                                                                                     II. Self-Regulatory Organization’s                    including mini options, they execute in
                                             business days between the hours of                      Statement of the Purpose of, and
                                             10:00 a.m. and 3:00 p.m. Copies of the                                                                        their assigned classes when the contra-
                                                                                                     Statutory Basis for, the Proposed Rule                party to the execution is a Priority
                                             filing also will be available for                       Change
                                             inspection and copying at the principal                                                                       Customer. MIAX does not assess a
                                             office of the Exchange. All comments                      In its filing with the Commission, the              Marketing Fee to Market Makers for
                                             received will be posted without change;                 Exchange included statements                          contracts executed as a PRIME Agency
                                             the Commission does not edit personal                   concerning the purpose of and basis for               Order, Contra-side Order, Qualified
                                             identifying information from                            the proposed rule change and discussed                Contingent Cross Order, PRIME
                                             submissions. You should submit only                     any comments it received on the                       Participating Quote or Order, or a
                                             information that you wish to make                       proposed rule change. The text of these               PRIME AOC Response in the PRIME
                                             available publicly. All submissions                     statements may be examined at the                     Auction, unless it executes against an
                                             should refer to File Number SR–                         places specified in Item IV below. The                unrelated order.
                                                                                                     Exchange has prepared summaries, set                     The Exchange assesses an additional
                                             NYSEMKT–2016–87 and should be
                                                                                                     forth in sections A, B, and C below, of               $0.12 per contract Posted Liquidity
                                             submitted on or before October 4, 2016.
                                                                                                     the most significant aspects of such                  Marketing Fee to all Market Makers for
                                               For the Commission, by the Division of                                                                      any standard options overlying the
                                             Trading and Markets, pursuant to delegated
                                                                                                     statements.
                                                                                                                                                           designated symbols that Market Makers
                                             authority.15                                            A. Self-Regulatory Organization’s                     execute in their assigned class when the
                                             Brent J. Fields,                                        Statement of the Purpose of, and                      contra-party to the execution is a
                                             Secretary.                                              Statutory Basis for, the Proposed Rule                Priority Customer and the Priority
                                             [FR Doc. 2016–21912 Filed 9–12–16; 8:45 am]             Change                                                Customer order was posted on the
                                             BILLING CODE 8011–01–P                                  1. Purpose                                            MIAX Book at the time of the
                                                                                                                                                           execution.5 The Posted Liquidity
                                                                                                        The Exchange is proposing to modify                Marketing Fee is assessed in addition to
                                             SECURITIES AND EXCHANGE                                 the current list of options for which the             the current Marketing Fee of $0.25 per
                                             COMMISSION                                              Exchange assesses the $0.12 per contract              contract for standard options overlying
                                                                                                     Posted Liquidity Marketing Fee                        the designated symbols that Market
                                             [Release No. 34–78781; File No. SR–MIAX–                (described below), which applies to                   Makers execute in their assigned class
                                             2016–30]                                                options overlying DIA, EEM, FB, GDX,                  when the contra-party to the execution
                                             Self-Regulatory Organizations; Miami                    GLD, IWM, QQQ, SLV, SPY, USO,                         is a Priority Customer.6
                                             International Securities Exchange LLC;                  UVXY, and VXX (the ‘‘designated
                                             Notice of Filing and Immediate                          symbols’’), as listed in the Fee Schedule.              3 The Commission notes that in August 2016, the

                                                                                                     The Exchange is also proposing to                     Exchange expanded the Posted Liquidity Marketing
                                             Effectiveness of a Proposed Rule                                                                              Fee to include 7 additional symbols. See File No.
                                             Change To Amend Its Fee Schedule                        modify the current list of designated                 SR–MIAX–2016–22 (withdrawn) and Securities
                                                                                                     symbols for which the Exchange                        Exchange Act Release No. 78681 (August 25, 2016),
                                             September 7, 2016.                                      assesses the $0.50 per contract                       81 FR 60077 (August 31, 2016) (SR–MIAX–2016–
                                                Pursuant to the provisions of Section                transaction fee applicable to orders                  28). In the present filing, MIAX has removed those
                                                                                                                                                           seven additional symbols effective September 1,
                                             19(b)(1) of the Securities Exchange Act                 executed for the account of non-MIAX                  2016. Further, the Exchange has proposed to
                                             of 1934 (‘‘Act’’),1 and Rule 19b–4                      market makers in options overlying the                remove the five original symbols after October 31,
                                             thereunder,2 notice is hereby given that                designated symbols, and the discounted                2016, which will result in no symbols being subject
                                                                                                     $0.48 per contract transaction fee with               to the additional $0.12 per contract Posted
                                             on August 25, 2016, Miami International                                                                       Liquidity Marketing Fee. With this change, the
                                             Securities Exchange LLC (‘‘MIAX’’ or                    respect to the designated symbols                     Commission notes that net transaction fees for
                                             ‘‘Exchange’’) filed with the Securities                 applicable to any Member or its Affiliate             removing liquidity on MIAX that are assessed on
                                             and Exchange Commission                                 that qualifies for Priority Customer                  market makers (i.e., the transaction fee together
                                                                                                     Rebate Program volume tiers 3 or                      with the marketing fee and Posted Liquidity
                                             (‘‘Commission’’) a proposed rule change                                                                       Marketing Fee) will no longer exceed $0.50 per
                                             as described in Items I, II, and III below,             higher, as discussed below. The                       contract in classes in the Penny Pilot Program.
Lhorne on DSK30JT082PROD with NOTICES




                                             which Items have been prepared by the                   Exchange proposes to remove some of                     4 See MIAX Fee Schedule, Section (1)(b), entitled

                                             Exchange. The Commission is                             the current designated symbols from                   ‘‘Marketing Fee’’ for more detail regarding the
                                             publishing this notice to solicit                       both the Posted Liquidity Marketing Fee               Marketing Fee.
                                                                                                                                                             5 For a complete description of the Posted
                                                                                                     and the non-MIAX market maker
                                                                                                                                                           Liquidity Marketing Fee, see Securities Exchange
                                               15 17 CFR 200.30–3(a)(12).                            transaction fees beginning with                       Act Release No. 73848 (December 16, 2014), 79 FR
                                               1 15 U.S.C. 78s(b)(1).                                transactions occurring on or after the                76421 (December 22, 2014) (SR–MIAX–2014–62).
                                               2 17 CFR 240.19b–4.                                   proposed September 1, 2016 effective                    6 See id.




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                                                                        Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices                                               62943

                                                The Exchange is proposing to remove                  Exchange assesses the $0.48 per contract                which the Exchange assesses the $0.50
                                             options overlying DIA, FB, GDX, SLV,                    transaction fee. The Exchange is                        per contract transaction fee for non-
                                             USO, UVXY, and VXX from the current                     proposing to continue to assess the                     MIAX market makers in options
                                             Posted Liquidity Marketing Fee. For                     $0.48 per contract transaction fee to                   overlying the current designated
                                             transactions that occur on or after                     Members or Affiliates in Priority                       symbols, and the $0.48 per contract
                                             September 1, 2016 and extending                         Customer Rebate Program volume tier 3                   transaction fee for Members or Affiliates
                                             through October 31, 2016, MIAX will                     or higher for transactions in in options                in Priority Customer Rebate Program
                                             continue to assess the Posted Liquidity                 overlying EEM, GLD, IWM, QQQ, and                       volume tier 3 or higher for options
                                             Marketing Fee for transactions in                       SPY that occur on or after September 1,                 overlying the current designated
                                             options overlying EEM, GLD, IWM,                        2016 and extending through October 31,                  symbols, is reasonable because the fees
                                             QQQ, and SPY.                                           2016.                                                   and the modification of the list of
                                                The Exchange is also proposing to                       The current transaction fee of $0.47                 symbols will apply equally to all non-
                                             remove options overlying DIA, FB, GDX,                  per contract for standard options,                      MIAX market makers submitting orders
                                             SLV, USO, UVXY, and VXX from the                        discounted to $0.45 per contract for any                to the Exchange.
                                             list of symbols for which the Exchange                  Member or its Affiliate that qualifies for
                                             assesses a $0.50 per contract transaction               Priority Customer Rebate Program                        B. Self-Regulatory Organization’s
                                             fee that currently applies to options                   volume tiers 3 or higher (and $0.045 per                Statement on Burden on Competition
                                             overlying the designated symbols                        contract for mini options) 9 assessed to                  The Exchange does not believe that
                                             executed by non-MIAX market makers,                     non-MIAX market makers will apply to
                                             as set forth in Section (1)(a)(ii) of the                                                                       the proposed rule change will result in
                                                                                                     options overlying symbols that are                      any burden on competition that is not
                                             Fee Schedule at footnote 8 7 The                        deleted from the designated symbols.
                                             Exchange is proposing to continue to                                                                            necessary or appropriate in furtherance
                                                                                                     The proposed rule change is scheduled                   of the purposes of the Act.
                                             assess the $0.50 per contract non-MIAX                  to become effective September 1, 2016.
                                             market maker transaction fee for                                                                                  The Exchange notes that it operates in
                                             transactions in in options overlying                    2. Statutory Basis                                      a highly competitive market in which
                                             EEM, GLD, IWM, QQQ, and SPY that                           MIAX believes that its proposed rule                 market participants can readily favor
                                             occur on or after September 1, 2016 and                 change is consistent with Section 6(b) of               competing venues if they deem fee
                                             extending through October 31, 2016.                     the Act 10 in general, and in particular,               levels at a particular venue to be
                                                Additionally, with respect to                        furthers the objectives of Section 6(b)(4)              excessive. In such an environment, the
                                             contracts executed by non-MIAX market                   of the Act,11 in that it is an equitable                Exchange must continually adjust its
                                             makers, the Exchange proposes to                        allocation of reasonable dues, fees, and                fees to remain competitive with other
                                             modify the list of symbols for which the                other charges among its Members and                     exchanges and to attract order flow to
                                             Exchange currently assesses transaction                 other persons using its facilities, and                 the Exchange. The Exchange believes
                                             fees to any Member or its Affiliate that                6(b)(5) of the Act,12 in that it is designed            that the proposed rule change reflects
                                             qualifies for Priority Customer Rebate                  to prevent fraudulent and manipulative                  this competitive environment because it
                                             Program 8 volume tier 3 or higher.                      acts and practices, to promote just and                 applies equally to all similarly situated
                                             Members or Affiliates in Priority                       equitable principles of trade, to foster                MIAX participants.
                                             Customer Rebate Program volume tier 3                   cooperation and coordination with
                                             or higher are currently assessed a                                                                              C. Self-Regulatory Organization’s
                                                                                                     persons engaged in facilitating
                                             discounted transaction fee of $0.45 per                                                                         Statement on Comments on the
                                                                                                     transactions in securities, to remove
                                             contract for standard options in all                                                                            Proposed Rule Change Received From
                                                                                                     impediments to and perfect the
                                             options classes except for options                                                                              Members, Participants, or Others
                                                                                                     mechanisms of a free and open market
                                             overlying the designated symbols, for                   and a national market system and, in                      Written comments were neither
                                             which Members and their Affiliates are                  general, to protect investors and the                   solicited nor received.
                                             assessed a $0.48 per contract transaction               public interest.
                                             fee. The Exchange is proposing to                          The proposed modification of the                     III. Date of Effectiveness of the
                                             remove options overlying DIA, FB, GDX,                  Posted Liquidity Marketing Fee is fair,                 Proposed Rule Change and Timing for
                                             SLV, USO, UVXY, and VXX from the                        equitable, and not unreasonably                         Commission Action
                                             list of designated symbols for which the                discriminatory because it will apply
                                                                                                     equally to all Market Makers that                          The foregoing rule change has become
                                               7 See Securities Exchange Act Release No. 73850       execute against Priority Customer orders                effective pursuant to Section
                                             (December 16, 2014), 79 FR 76424 (December 22,          in options overlying the current                        19(b)(3)(A)(ii) of the Act,13 and Rule
                                             2014) (SR–MIAX–2014–63) (adopting the Posted
                                                                                                     designated symbols that are resting on                  19b–4(f)(2) 14 thereunder. At any time
                                             Liquidity Marketing Fee and $0.50 per contract                                                                  within 60 days of the filing of the
                                             non-MIAX market maker transaction fee for certain       the Exchange’s Book. All similarly
                                             symbols).                                               situated Market Makers that execute                     proposed rule change, the Commission
                                                8 MIAX credits each Member the per contract
                                                                                                     against Priority Customer orders in                     summarily may temporarily suspend
                                             amount resulting from each Priority Customer order
                                                                                                     options overlying the current designated                such rule change if it appears to the
                                             transmitted by that Member which is executed                                                                    Commission that such action is
                                             electronically on the Exchange in all multiply-listed   symbols that are resting on the
                                             option classes (excluding QCC Orders, mini-             Exchange’s Book are subject to the same                 necessary or appropriate in the public
                                             options, Priority Customer-to-Priority Customer         marketing fees, and access to the                       interest, for the protection of investors,
                                             Orders, PRIME AOC Responses, PRIME Contra-side
                                                                                                     Exchange is offered on terms that are                   or otherwise in furtherance of the
                                             Orders, PRIME Orders for which both the Agency                                                                  purposes of the Act. If the Commission
                                             and Contra-side Order are Priority Customers, and       not unfairly discriminatory.
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                                             executions related to contracts that are routed to         Further, the Exchange’s proposed                     takes such action, the Commission shall
                                             one or more exchanges in connection with the            modification of the list of symbols for                 institute proceedings to determine
                                             Options Order Protection and Locked/Crossed                                                                     whether the proposed rule should be
                                             Market Plan referenced in MIAX Rule 1400),                9 See                                                 approved or disapproved.
                                             provided the Member meets certain percentage                    Fee Schedule Section (1)(a)(ii).
                                                                                                       10 15 U.S.C. 78f(b).
                                             thresholds in a month as described in the Priority
                                                                                                       11 15 U.S.C. 78f(b)(4).                                 13 15   U.S.C. 78s(b)(3)(A)(ii).
                                             Customer Rebate Program table. See Fee Schedule,
                                             Section (1)(a)(iii).                                      12 15 U.S.C. 78f(b)(1) and (b)(5).                      14 17   CFR 240.19b–4(f)(2).



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                                             62944                     Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices

                                             IV. Solicitation of Comments                              For the Commission, by the Division of               SECURITIES AND EXCHANGE
                                                                                                     Trading and Markets, pursuant to delegated             COMMISSION
                                               Interested persons are invited to                     authority.15
                                             submit written data, views, and                                                                                [Release No. 34–78779; File No. SR–
                                                                                                     Brent J. Fields,                                       NYSEARCA–2016–127]
                                             arguments concerning the foregoing,                     Secretary.
                                             including whether the proposed rule                                                                            Self-Regulatory Organizations; NYSE
                                                                                                     [FR Doc. 2016–21913 Filed 9–12–16; 8:45 am]
                                             change is consistent with the Act.                                                                             Arca, Inc.; Notice of Filing and
                                                                                                     BILLING CODE 8011–01–P
                                             Comments may be submitted by any of                                                                            Immediate Effectiveness of Proposed
                                             the following methods:                                                                                         Rule Change To Amend Rule 6.1(b)(41)
                                             Electronic Comments                                     SECURITIES AND EXCHANGE                                and Rule 6.4
                                                                                                     COMMISSION                                             September 7, 2016.
                                               • Use the Commission’s Internet
                                                                                                                                                               Pursuant to Section 19(b)(1) 1 of the
                                             comment form (http://www.sec.gov/                       Sunshine Act Meeting                                   Securities Exchange Act of 1934 (the
                                             rules/sro.shtml); or                                                                                           ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                               • Send an email to rule-comments@                        Notice is hereby given, pursuant to                 notice is hereby given that, on
                                             sec.gov. Please include File Number SR–                 the provisions of the Government in the                September 6, 2016, NYSE Arca, Inc. (the
                                             MIAX–2016–30 on the subject line.                       Sunshine Act, Public Law 94–409, that                  ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                                                                     the Securities and Exchange                            the Securities and Exchange
                                             Paper Comments                                          Commission will hold a closed meeting                  Commission (the ‘‘Commission’’) the
                                               • Send paper comments in triplicate                   on Thursday, September 15, 2016 at 2                   proposed rule change as described in
                                             to Brent J. Fields, Secretary, Securities               p.m.                                                   Items I and II below, which Items have
                                                                                                        Commissioners, Counsel to the                       been prepared by the self-regulatory
                                             and Exchange Commission, 100 F Street
                                                                                                     Commissioners, the Secretary to the                    organization. The Commission is
                                             NE., Washington, DC 20549–1090.
                                                                                                                                                            publishing this notice to solicit
                                                                                                     Commission, and recording secretaries
                                             All submissions should refer to File                                                                           comments on the proposed rule change
                                                                                                     will attend the closed meeting. Certain
                                             Number SR–MIAX–2016–30. This file                                                                              from interested persons.
                                                                                                     staff members who have an interest in
                                             number should be included on the                        the matters also may be present.                       I. Self-Regulatory Organization’s
                                             subject line if email is used. To help the                                                                     Statement of the Terms of Substance of
                                             Commission process and review your                         The General Counsel of the
                                                                                                                                                            the Proposed Rule Change
                                             comments more efficiently, please use                   Commission, or her designee, has
                                                                                                     certified that, in her opinion, one or                    The Exchange proposes to amend
                                             only one method. The Commission will
                                                                                                     more of the exemptions set forth in 5                  Rule 6.1(b)(41) and Rule 6.4. The
                                             post all comments on the Commission’s                                                                          proposed rule change is available on the
                                             Internet Web site (http://www.sec.gov/                  U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
                                                                                                     and 17 CFR 200.402(a)(3), (a)(5), (a)(7),              Exchange’s Web site at www.nyse.com,
                                             rules/sro.shtml). Copies of the                                                                                at the principal office of the Exchange,
                                             submission, all subsequent                              (a)(9)(ii) and (a)(10), permit
                                                                                                     consideration of the scheduled matter at               and at the Commission’s Public
                                             amendments, all written statements                                                                             Reference Room.
                                             with respect to the proposed rule                       the closed meeting.
                                             change that are filed with the                             Commissioner Stein, as duty officer,                II. Self-Regulatory Organization’s
                                             Commission, and all written                             voted to consider the items listed for the             Statement of the Purpose of, and
                                             communications relating to the                          closed meeting in closed session.                      Statutory Basis for, the Proposed Rule
                                                                                                                                                            Change
                                             proposed rule change between the                           The subject matter of the closed
                                             Commission and any person, other than                                                                             In its filing with the Commission, the
                                                                                                     meeting will be:
                                             those that may be withheld from the                                                                            self-regulatory organization included
                                                                                                        Institution and settlement of                       statements concerning the purpose of,
                                             public in accordance with the
                                                                                                     injunctive actions;                                    and basis for, the proposed rule change
                                             provisions of 5 U.S.C. 552, will be
                                             available for Web site viewing and                         Institution and settlement of                       and discussed any comments it received
                                             printing in the Commission’s Public                     administrative proceedings; and                        on the proposed rule change. The text
                                             Reference Room, 100 F Street NE.,                                                                              of those statements may be examined at
                                                                                                        Other matters relating to enforcement
                                                                                                                                                            the places specified in Item IV below.
                                             Washington, DC 20549 on official                        proceedings.
                                                                                                                                                            The Exchange has prepared summaries,
                                             business days between the hours of                         At times, changes in Commission                     set forth in sections A, B, and C below,
                                             10:00 a.m. and 3:00 p.m. Copies of such                 priorities require alterations in the                  of the most significant parts of such
                                             filing also will be available for                       scheduling of meeting items.                           statements.
                                             inspection and copying at the principal
                                             office of the Exchange. All comments                       For further information and to                      A. Self-Regulatory Organization’s
                                             received will be posted without change;                 ascertain what, if any, matters have been              Statement of the Purpose of, and the
                                             the Commission does not edit personal                   added, deleted or postponed, please                    Statutory Basis for, the Proposed Rule
                                             identifying information from                            contact Brent J. Fields from the Office of             Change
                                             submissions. You should submit only                     the Secretary at (202) 551–5400.
                                                                                                                                                            1. Purpose
                                             information that you wish to make                         Dated: September 8, 2016.
                                                                                                                                                               The purpose of the filing is to amend
                                             available publicly. All submissions
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                                                                                                     Brent J. Fields,                                       Rule 6.1(b)(41) and Rule 6.4, so as to
                                             should refer to File Number SR–MIAX–                    Secretary.                                             allow the listing and trading of options
                                             2016–30, and should be submitted on or                  [FR Doc. 2016–22035 Filed 9–9–16; 11:15 am]            with Wednesday expirations.
                                             before October 4, 2016.                                 BILLING CODE 8011–01–P
                                                                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                                                                                                                              2 15 U.S.C. 78a.
                                                                                                       15 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4.




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Document Created: 2018-02-09 13:16:43
Document Modified: 2018-02-09 13:16:43
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 Citation81 FR 62942 

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