81_FR_68275 81 FR 68084 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Fee Schedule

81 FR 68084 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range68084-68086
FR Document2016-23751

Federal Register, Volume 81 Issue 191 (Monday, October 3, 2016)
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68084-68086]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23751]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78950; File No. SR-MIAX-2016-33]


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

September 27, 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 September 15, 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''). While changes to the Fee Schedule 
pursuant to this proposal are effective upon filing, the Exchange has 
designated these changes to be operative on October 1, 2016.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at 
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the MIAX Options Fee Schedule (the 
``Fee Schedule'') to offer two (2) additional Limited Service MIAX 
Express Interface (``MEI'') Ports to Market Makers.
    Currently, MIAX assesses monthly MEI Port Fees on Market Makers 
based upon the number of MIAX matching engines \3\ used by the Market 
Maker. Market Makers are allocated two (2) Full Service MEI Ports \4\ 
and two (2) Limited Service MEI Ports \5\ per matching engine to which 
they connect. The Exchange currently assesses the following MEI Port 
fees: (i) $5,000 for Market Maker Assignments in up to 5 option classes 
or up to 10% of option classes by volume; (ii) $10,000 for Market Maker 
Assignments in up to 10 option classes or up to 20% of option classes 
by volume; (iii) $14,000 for Market Maker Assignments in up to 40 
option classes or up to 35% of option classes by volume; (iv) $17,500 
for Market Maker Assignments in up to 100 option classes or up to 50% 
of option classes by volume; and (v) $20,500.00 for Market Maker 
Assignments in over 100 option classes or over 50% of option classes by 
volume up to all option classes listed on MIAX.\6\ In each of the 
foregoing categories, the stated fee applies if the less of the two 
applicable measurements is met. For example, a Market Maker that wishes 
to make markets in just one symbol would require the two (2) MEI Ports 
in a single matching engine; a Market Maker wishing to make markets in 
all symbols traded on MIAX would require the two (2) MEI Ports in each 
of the Exchange's matching engines. The Exchange also currently charges 
$50 per month for each additional Limited Service MEI Port per matching 
engine for Market Makers over and above the two (2) Limited Service MEI 
Ports per matching engine that are allocated with the Full Service MEI 
Ports. The Full Service MEI Ports, Limited Service MEI Ports, and the 
additional Limited Service MEI Ports all include access to MIAX's 
primary and secondary data centers and its disaster recovery center.
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    \3\ A ``matching engine'' is a part of the MIAX electronic 
system that processes options quotes and trades on a symbol-by-
symbol basis. Some matching engines will process option classes with 
multiple root symbols, and other matching engines will be dedicated 
to one single option root symbol (for example, options on SPY will 
be processed by one single matching engine that is dedicated only to 
SPY). A particular root symbol may only be assigned to a single 
designated matching engine. A particular root symbol may not be 
assigned to multiple matching engines.
    \4\ Full Service MEI Ports provide Market Makers with the 
ability to send Market Maker quotes, eQuotes, and quote purge 
messages to the MIAX System. Full Service MEI Ports are also capable 
of receiving administrative information. Market Makers are limited 
to two Full Service MEI Ports per matching engine.
    \5\ Limited Service MEI Ports provide Market Makers with the 
ability to send eQuotes and quote purge messages only, but not 
Market Maker Quotes, to the MIAX System. Limited Service MEI Ports 
are also capable of receiving administrative information. Market 
Makers initially receive two Limited Service MEI Ports per matching 
engine.
    \6\ See MIAX Fee Schedule, Section 5)d)ii).
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    The Exchange originally added the Limited Service MEI Ports to 
enhance the MEI Port connectivity made available to Market Makers, and 
subsequently made additional Limited Service MEI Ports available to 
Market Makers.\7\ Limited Service MEI Ports have been well received by 
Market Makers since their addition. The Exchange now proposes to offer 
to Market Makers the ability to purchase an additional two (2) Limited 
Service MEI Ports per matching engine over and

[[Page 68085]]

above the current two (2) additional Limited Service MEI Ports per 
matching engine that are available for purchase by Market Makers. The 
Exchange proposes to charge the same amount that it currently charges, 
$50 per month, for each extra Limited Service MEI Port per matching 
engine. The Exchange proposes making a corresponding change to footnote 
31 of the Exchange's Fee Schedule to specify that Market Makers will 
now be limited to purchasing four (4) additional Limited Service MEI 
Ports per matching engine, for a total of six (6) per matching engine. 
All other fees related to MEI Ports shall remain unchanged.
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    \7\ See Securities Exchange Act Release No. 70137 (August 8, 
2013), 78 FR 49586 (August 14, 2013) (SR-MIAX-2013-39); see also 
Exchange Act Release No. 70903 (November 20, 2013), 78 FR 228 
(November 26, 2013) (SR-MIAX-2013-52).
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    The purpose of this amendment to the Fee Schedule is to provide 
Market Makers with greater and improved technical flexibility to 
connect additional Limited Service MEI Ports to independent servers 
that host their eQuote and purge functionality. The Exchange believes 
that the offering of additional ports will help Market Makers mitigate 
the risk of using the same server for all of their Market Maker quoting 
activity. By using the additional Limited Service MEI Ports for risk 
purposes, Market Makers can place purge functionality on a different 
server than the Market Maker quoting server (via the Limited Service 
MEI Ports), which provides them a failsafe for getting out of the 
market in case they have an issue with the quote server. Market Makers 
can also use the extra Limited Service MEI Ports to submit eQuotes. 
Since eQuotes are frequently generated by a different algorithm that 
determines when to respond to an auction message, the Exchange believes 
that the offering of additional ports will further enable Market Makers 
to connect to a different server that processes auctions and eQuotes 
rather than forcing them to use their Market Maker Standard quote 
server as a gateway for communicating eQuotes to MIAX.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule 
is consistent with Section 6(b) of the Act \8\ in general, and furthers 
the objectives of Section 6(b)(4) of the Act \9\ in particular, in that 
it provides for the equitable allocation of reasonable dues, fees and 
other charges among members and issuers and other persons using any 
facility or system which the Exchange operates or controls. The 
Exchange also believes the proposal furthers the objectives of Section 
6(b)(5) of the Act \10\ in that it is designed to promote just and 
equitable principles of trade, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general to protect investors and the public interest and is not 
designed to permit unfair discrimination between customers, issuers, 
brokers and dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that its proposal is consistent with Section 
6(b)(4) of the Act because only Market Makers that decide that they 
need the extra Limited Service MEI Ports will be charged the additional 
fee. The Exchange further believes that the availability of the 
additional Limited Service MEI Ports is equitable and not unfairly 
discriminatory because it further enhances Market Makers' access to the 
MIAX System and consequently enhances the marketplace by helping Market 
Makers to better manage risk, thus preserving the integrity of the MIAX 
markets, all to the benefit of and protection of investors and the 
public as a whole.
    The Exchange also believes that its proposal is consistent with the 
objectives of Section 6(b)(5) of the Act \11\ because the additional 
Limited Service MEI Ports are available to all Market Makers and the 
proposed fees assessable for the additional Limited Service MEI Ports 
apply equally to all Market Makers regardless of type, and access to 
the Exchange is offered on terms that are not unfairly discriminatory. 
The Exchange designed the fee rates in order to provide objective 
criteria for Market Makers of different sizes and business models to be 
assessed a MEI Port fee and to have technical connectivity that best 
matches their quoting activity on the Exchange and the offering of 
additional Limited Service MEI Ports comports with this objective.
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    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
believes that the proposal increases both intermarket and intramarket 
competition by enabling Market Makers to enhance their connectivity to 
the Exchange in a manner that is designed to provide Market Makers of 
different sizes and business models to be assessed a MEI Port fee and 
to have technical connectivity that best matches their quoting activity 
on the Exchange and the offering of additional Limited Service MEI 
Ports comports with this objective. The Exchange believes that the 
proposal will increase competition amongst Market Makers of different 
sizes and business models by encouraging Market Makers to connect 
additional Limited Service Ports to independent servers that host their 
eQuote and purge functionality and thereby increase such functionality. 
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 in order to attract market 
participants to use its services. The Exchange believes that the 
proposal reflects this competitive environment because it increases the 
Exchange's fees in a manner that continues to encourage market 
participants to register as Market Makers on the Exchange, to provide 
liquidity, and to attract order flow. To the extent that this purpose 
is achieved, all the Exchange's market participants should benefit from 
the improved market liquidity.

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,\12\ and Rule 19b-4(f)(2) \13\ 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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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
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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.

[[Page 68086]]

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-2016-33 on the subject line.

Paper comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-MIAX-2016-33. 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 the 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-2016-33 and should be 
submitted on or before October 24, 2016.

    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. 2016-23751 Filed 9-30-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                68084                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices

                                                rule change, or institute proceedings to                comments on the proposed rule change                  Service MEI Ports 5 per matching engine
                                                determine whether to approve or                         from interested persons.                              to which they connect. The Exchange
                                                disapprove the proposed rule change to                                                                        currently assesses the following MEI
                                                                                                        I. Self-Regulatory Organization’s
                                                July 21, 2016.6 On June 24, 2016, the                                                                         Port fees: (i) $5,000 for Market Maker
                                                                                                        Statement of the Terms of Substance of
                                                Exchange submitted a Response Letter                                                                          Assignments in up to 5 option classes or
                                                                                                        the Proposed Rule Change
                                                and filed Amendment No. 2 to the                                                                              up to 10% of option classes by volume;
                                                proposed rule change. 7 On July 27,                        The Exchange is filing a proposal to               (ii) $10,000 for Market Maker
                                                2016, the Commission instituted                         amend the MIAX Options Fee Schedule                   Assignments in up to 10 option classes
                                                proceedings pursuant to Exchange Act                    (the ‘‘Fee Schedule’’). While changes to              or up to 20% of option classes by
                                                Section 19(b)(2)(B) to determine                        the Fee Schedule pursuant to this                     volume; (iii) $14,000 for Market Maker
                                                whether to approve or disapprove the                    proposal are effective upon filing, the               Assignments in up to 40 option classes
                                                proposed rule change, as modified by                    Exchange has designated these changes                 or up to 35% of option classes by
                                                Amendment Nos. 1 and 2.8 The                            to be operative on October 1, 2016.                   volume; (iv) $17,500 for Market Maker
                                                Commission received no additional                          The text of the proposed rule change               Assignments in up to 100 option classes
                                                comments on the proposed rule change.                   is available on the Exchange’s Web site               or up to 50% of option classes by
                                                  On September 22, 2016, the Exchange                   at http://www.miaxoptions.com/filter/                 volume; and (v) $20,500.00 for Market
                                                withdrew the proposed rule change, as                   wotitle/rule_filing, at MIAX’s principal              Maker Assignments in over 100 option
                                                modified by Amendment Nos. 1 and 2.                     office, and at the Commission’s Public                classes or over 50% of option classes by
                                                (SR–NYSE–2016–11).                                      Reference Room.                                       volume up to all option classes listed on
                                                  For the Commission, by the Division of                                                                      MIAX.6 In each of the foregoing
                                                                                                        II. Self-Regulatory Organization’s                    categories, the stated fee applies if the
                                                Trading and Markets, pursuant to delegated              Statement of the Purpose of, and
                                                authority.9                                                                                                   less of the two applicable measurements
                                                                                                        Statutory Basis for, the Proposed Rule                is met. For example, a Market Maker
                                                Robert W. Errett,                                       Change
                                                Deputy Secretary.                                                                                             that wishes to make markets in just one
                                                [FR Doc. 2016–23754 Filed 9–30–16; 8:45 am]
                                                                                                          In its filing with the Commission, the              symbol would require the two (2) MEI
                                                                                                        Exchange included statements                          Ports in a single matching engine; a
                                                BILLING CODE 8011–01–P
                                                                                                        concerning the purpose of and basis for               Market Maker wishing to make markets
                                                                                                        the proposed rule change and discussed                in all symbols traded on MIAX would
                                                SECURITIES AND EXCHANGE                                 any comments it received on the                       require the two (2) MEI Ports in each of
                                                COMMISSION                                              proposed rule change. The text of these               the Exchange’s matching engines. The
                                                                                                        statements may be examined at the                     Exchange also currently charges $50 per
                                                [Release No. 34–78950; File No. SR–MIAX–                places specified in Item IV below. The                month for each additional Limited
                                                2016–33]                                                Exchange has prepared summaries, set                  Service MEI Port per matching engine
                                                                                                        forth in sections A, B, and C below, of               for Market Makers over and above the
                                                Self-Regulatory Organizations; Miami
                                                                                                        the most significant aspects of such                  two (2) Limited Service MEI Ports per
                                                International Securities Exchange LLC;
                                                                                                        statements.                                           matching engine that are allocated with
                                                Notice of Filing and Immediate
                                                                                                                                                              the Full Service MEI Ports. The Full
                                                Effectiveness of Proposed Rule                          A. Self-Regulatory Organization’s                     Service MEI Ports, Limited Service MEI
                                                Change To Amend Its Fee Schedule                        Statement of the Purpose of, and                      Ports, and the additional Limited
                                                                                                        Statutory Basis for, the Proposed Rule                Service MEI Ports all include access to
                                                September 27, 2016.
                                                                                                        Change                                                MIAX’s primary and secondary data
                                                   Pursuant to the provisions of Section
                                                19(b)(1) of the Securities Exchange Act                 1. Purpose                                            centers and its disaster recovery center.
                                                of 1934 (‘‘Act’’) 1 and Rule 19b–4                                                                               The Exchange originally added the
                                                                                                           The Exchange proposes to amend the                 Limited Service MEI Ports to enhance
                                                thereunder,2 notice is hereby given that                MIAX Options Fee Schedule (the ‘‘Fee
                                                on September 15, 2016, Miami                                                                                  the MEI Port connectivity made
                                                                                                        Schedule’’) to offer two (2) additional               available to Market Makers, and
                                                International Securities Exchange LLC                   Limited Service MIAX Express Interface
                                                (‘‘MIAX’’ or ‘‘Exchange’’) filed with the                                                                     subsequently made additional Limited
                                                                                                        (‘‘MEI’’) Ports to Market Makers.                     Service MEI Ports available to Market
                                                Securities and Exchange Commission                         Currently, MIAX assesses monthly
                                                (‘‘Commission’’) a proposed rule change                                                                       Makers.7 Limited Service MEI Ports
                                                                                                        MEI Port Fees on Market Makers based                  have been well received by Market
                                                as described in Items I, II, and III below,             upon the number of MIAX matching
                                                which Items have been prepared by the                                                                         Makers since their addition. The
                                                                                                        engines 3 used by the Market Maker.                   Exchange now proposes to offer to
                                                Exchange. The Commission is
                                                                                                        Market Makers are allocated two (2) Full              Market Makers the ability to purchase
                                                publishing this notice to solicit
                                                                                                        Service MEI Ports 4 and two (2) Limited               an additional two (2) Limited Service
                                                  6 See Securities Exchange Act Release No. 34–
                                                                                                           3 A ‘‘matching engine’’ is a part of the MIAX
                                                                                                                                                              MEI Ports per matching engine over and
                                                77976 (June 2, 2016), 81 FR 36981.
                                                  7 In Amendment No. 2 the Exchange proposed
                                                                                                        electronic system that processes options quotes and
                                                                                                        trades on a symbol-by-symbol basis. Some matching     Makers are limited to two Full Service MEI Ports
                                                that Rebroadcasting Users and Transmittal Users         engines will process option classes with multiple     per matching engine.
                                                would not be charged for their first two Multicast      root symbols, and other matching engines will be        5 Limited Service MEI Ports provide Market
                                                End Users and Unicast End Users, respectively, and      dedicated to one single option root symbol (for       Makers with the ability to send eQuotes and quote
                                                offers additional support for the proposal.             example, options on SPY will be processed by one      purge messages only, but not Market Maker Quotes,
                                                Amendment No. 2 was noticed in the Commission’s         single matching engine that is dedicated only to      to the MIAX System. Limited Service MEI Ports are
sradovich on DSK3GMQ082PROD with NOTICES




                                                Order Instituting Proceedings and is also available     SPY). A particular root symbol may only be            also capable of receiving administrative
                                                on the Commission’s Web site at https://                assigned to a single designated matching engine. A    information. Market Makers initially receive two
                                                www.sec.gov/comments/sr-nyse-2016-11/                   particular root symbol may not be assigned to         Limited Service MEI Ports per matching engine.
                                                nyse201611-4.pdf.                                       multiple matching engines.                              6 See MIAX Fee Schedule, Section 5)d)ii).
                                                  8 See Securities Exchange Act Release No. 34–
                                                                                                           4 Full Service MEI Ports provide Market Makers       7 See Securities Exchange Act Release No. 70137
                                                78387 (July 21, 2016); 81 FR 49300.                     with the ability to send Market Maker quotes,         (August 8, 2013), 78 FR 49586 (August 14, 2013)
                                                  9 17 CFR 200.30–3(a)(12).
                                                                                                        eQuotes, and quote purge messages to the MIAX         (SR–MIAX–2013–39); see also Exchange Act
                                                  1 15 U.S.C. 78s(b)(1).
                                                                                                        System. Full Service MEI Ports are also capable of    Release No. 70903 (November 20, 2013), 78 FR 228
                                                  2 17 CFR 240.19b–4.                                   receiving administrative information. Market          (November 26, 2013) (SR–MIAX–2013–52).



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                                                                              Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices                                                 68085

                                                above the current two (2) additional                     in that it is designed to promote just and              Service MEI Ports comports with this
                                                Limited Service MEI Ports per matching                   equitable principles of trade, to remove                objective. The Exchange believes that
                                                engine that are available for purchase by                impediments to and perfect the                          the proposal will increase competition
                                                Market Makers. The Exchange proposes                     mechanism of a free and open market                     amongst Market Makers of different
                                                to charge the same amount that it                        and a national market system, and, in                   sizes and business models by
                                                currently charges, $50 per month, for                    general to protect investors and the                    encouraging Market Makers to connect
                                                each extra Limited Service MEI Port per                  public interest and is not designed to                  additional Limited Service Ports to
                                                matching engine. The Exchange                            permit unfair discrimination between                    independent servers that host their
                                                proposes making a corresponding                          customers, issuers, brokers and dealers.                eQuote and purge functionality and
                                                change to footnote 31 of the Exchange’s                    The Exchange believes that its                        thereby increase such functionality. The
                                                Fee Schedule to specify that Market                      proposal is consistent with Section                     Exchange notes that it operates in a
                                                Makers will now be limited to                            6(b)(4) of the Act because only Market                  highly competitive market in which
                                                purchasing four (4) additional Limited                   Makers that decide that they need the                   market participants can readily favor
                                                Service MEI Ports per matching engine,                   extra Limited Service MEI Ports will be                 competing venues if they deem fee
                                                for a total of six (6) per matching engine.              charged the additional fee. The                         levels at a particular venue to be
                                                All other fees related to MEI Ports shall                Exchange further believes that the                      excessive. In such an environment, the
                                                remain unchanged.                                        availability of the additional Limited                  Exchange must continually adjust its
                                                  The purpose of this amendment to the                   Service MEI Ports is equitable and not                  fees to remain competitive with other
                                                Fee Schedule is to provide Market                        unfairly discriminatory because it                      exchanges and in order to attract market
                                                Makers with greater and improved                         further enhances Market Makers’ access                  participants to use its services. The
                                                technical flexibility to connect                         to the MIAX System and consequently                     Exchange believes that the proposal
                                                additional Limited Service MEI Ports to                  enhances the marketplace by helping                     reflects this competitive environment
                                                independent servers that host their                      Market Makers to better manage risk,                    because it increases the Exchange’s fees
                                                eQuote and purge functionality. The                      thus preserving the integrity of the                    in a manner that continues to encourage
                                                Exchange believes that the offering of                   MIAX markets, all to the benefit of and                 market participants to register as Market
                                                additional ports will help Market                        protection of investors and the public as               Makers on the Exchange, to provide
                                                Makers mitigate the risk of using the                    a whole.                                                liquidity, and to attract order flow. To
                                                same server for all of their Market Maker                  The Exchange also believes that its                   the extent that this purpose is achieved,
                                                quoting activity. By using the additional                proposal is consistent with the                         all the Exchange’s market participants
                                                Limited Service MEI Ports for risk                       objectives of Section 6(b)(5) of the Act 11             should benefit from the improved
                                                purposes, Market Makers can place                        because the additional Limited Service                  market liquidity.
                                                purge functionality on a different server                MEI Ports are available to all Market
                                                than the Market Maker quoting server                     Makers and the proposed fees assessable                 C. Self-Regulatory Organization’s
                                                (via the Limited Service MEI Ports),                     for the additional Limited Service MEI                  Statement on Comments on the
                                                which provides them a failsafe for                       Ports apply equally to all Market Makers                Proposed Rule Change Received From
                                                getting out of the market in case they                   regardless of type, and access to the                   Members, Participants, or Others
                                                have an issue with the quote server.                     Exchange is offered on terms that are                     Written comments were neither
                                                Market Makers can also use the extra                     not unfairly discriminatory. The                        solicited nor received.
                                                Limited Service MEI Ports to submit                      Exchange designed the fee rates in order
                                                eQuotes. Since eQuotes are frequently                    to provide objective criteria for Market                III. Date of Effectiveness of the
                                                generated by a different algorithm that                  Makers of different sizes and business                  Proposed Rule Change and Timing for
                                                determines when to respond to an                         models to be assessed a MEI Port fee                    Commission Action
                                                auction message, the Exchange believes                   and to have technical connectivity that                    The foregoing rule change has become
                                                that the offering of additional ports will               best matches their quoting activity on                  effective pursuant to Section
                                                further enable Market Makers to connect                  the Exchange and the offering of                        19(b)(3)(A)(ii) of the Act,12 and Rule
                                                to a different server that processes                     additional Limited Service MEI Ports                    19b-4(f)(2) 13 thereunder. At any time
                                                auctions and eQuotes rather than                         comports with this objective.                           within 60 days of the filing of the
                                                forcing them to use their Market Maker                   B. Self-Regulatory Organization’s                       proposed rule change, the Commission
                                                Standard quote server as a gateway for                   Statement on Burden on Competition                      summarily may temporarily suspend
                                                communicating eQuotes to MIAX.                                                                                   such rule change if it appears to the
                                                                                                           The Exchange does not believe that                    Commission that such action is
                                                2. Statutory Basis                                       the proposed rule change will result in                 necessary or appropriate in the public
                                                   The Exchange believes that its                        any burden on competition that is not                   interest, for the protection of investors,
                                                proposal to amend its Fee Schedule is                    necessary or appropriate in furtherance                 or otherwise in furtherance of the
                                                consistent with Section 6(b) of the Act 8                of the purposes of the Act. The                         purposes of the Act. If the Commission
                                                in general, and furthers the objectives of               Exchange believes that the proposal                     takes such action, the Commission shall
                                                Section 6(b)(4) of the Act 9 in particular,              increases both intermarket and                          institute proceedings to determine
                                                in that it provides for the equitable                    intramarket competition by enabling                     whether the proposed rule should be
                                                allocation of reasonable dues, fees and                  Market Makers to enhance their                          approved or disapproved.
                                                other charges among members and                          connectivity to the Exchange in a
                                                issuers and other persons using any                      manner that is designed to provide                      IV. Solicitation of Comments
sradovich on DSK3GMQ082PROD with NOTICES




                                                facility or system which the Exchange                    Market Makers of different sizes and                      Interested persons are invited to
                                                operates or controls. The Exchange also                  business models to be assessed a MEI                    submit written data, views, and
                                                believes the proposal furthers the                       Port fee and to have technical                          arguments concerning the foregoing,
                                                objectives of Section 6(b)(5) of the Act 10              connectivity that best matches their                    including whether the proposed rule
                                                                                                         quoting activity on the Exchange and                    change is consistent with the Act.
                                                  8 15 U.S.C. 78f(b).                                    the offering of additional Limited
                                                  9 15 U.S.C. 78f(b)(4).                                                                                           12 15   U.S.C. 78s(b)(3)(A)(ii).
                                                  10 15 U.S.C. 78f(b)(5).                                  11 15   U.S.C. 78f(b)(5).                               13 17   CFR 240.19b–4(f)(2).



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                                                68086                            Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices

                                                Comments may be submitted by any of                       SECURITIES AND EXCHANGE                                   Exchange filed Amendment No. 2 to the
                                                the following methods:                                    COMMISSION                                                proposed rule change.7 On July 27,
                                                                                                                                                                    2016, the Commission instituted
                                                Electronic Comments                                       [Release No. 34–78952; File No. SR–
                                                                                                                                                                    proceedings pursuant to Exchange Act
                                                                                                          NYSEArca–2016–19]
                                                  • Use the Commission’s Internet                                                                                   Section 19(b)(2)(B) to determine
                                                comment form (http://www.sec.gov/                         Self-Regulatory Organizations; NYSE                       whether to approve or disapprove the
                                                                                                          Arca, Inc.; Notice of Withdrawal of a                     proposed rule change, as modified by
                                                rules/sro.shtml); or
                                                                                                          Proposed Rule Change, as Modified by                      Amendment Nos. 1 and 2.8 The
                                                  • Send an email to rule-comments@                       Amendment Nos. 1 and 2, To Establish                      Commission received no comments in
                                                sec.gov. Please include File Number SR–                   Certain End User Fees, Amend the                          response.
                                                MIAX–2016–33 on the subject line.                         Definition of Affiliate, and Amend the                      On September 22, 2016, the Exchange
                                                                                                          Co-Location Section of the Fee                            withdrew the proposed rule change, as
                                                Paper comments                                                                                                      modified by Amendment Nos. 1 and 2.
                                                                                                          Schedule To Reflect the Changes
                                                  • Send paper comments in triplicate                                                                               (SR–NYSEArca–2016–19).
                                                                                                          September 27, 2016.                                         For the Commission, by the Division of
                                                to Secretary, Securities and Exchange
                                                                                                             On April 4, 2016, NYSE Arca, Inc.                      Trading and Markets, pursuant to delegated
                                                Commission, 100 F Street NE.,
                                                                                                          (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed                 authority.9
                                                Washington, DC 20549–1090.
                                                                                                          with the Securities and Exchange                          Robert W. Errett,
                                                All submissions should refer to File                      Commission (‘‘Commission’’), pursuant                     Deputy Secretary.
                                                Number SR–MIAX–2016–33. This file                         to Section 19(b)(1) of the Securities                     [FR Doc. 2016–23753 Filed 9–30–16; 8:45 am]
                                                number should be included on the                          Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                                                                                    BILLING CODE 8011–01–P
                                                subject line if email is used. To help the                19b–4 thereunder,2 a proposed rule
                                                Commission process and review your                        change to amend the co-location section
                                                comments more efficiently, please use                     of the NYSE Arca Equities Schedule of                     SECURITIES AND EXCHANGE
                                                only one method. The Commission will                      Fees and Charges for Exchange Services                    COMMISSION
                                                post all comments on the Commission’s                     and the NYSE Arca Options Fee
                                                                                                          Schedule to establish fees relating to                    [Release No. 34–78951; File No. SR–
                                                Internet Web site (http://www.sec.gov/                                                                              NYSEMKT–2016–15]
                                                                                                          end users of certain co-location Users in
                                                rules/sro.shtml). Copies of the
                                                                                                          the Exchange’s data center and to
                                                submission, all subsequent                                                                                          Self-Regulatory Organizations; NYSE
                                                                                                          amend the definition of ‘‘Affiliate.’’ The
                                                amendments, all written statements                                                                                  MKT LLC; Notice of Withdrawal of a
                                                                                                          Commission published the proposed
                                                with respect to the proposed rule                                                                                   Proposed Change, as Modified by
                                                                                                          rule change for comment in the Federal
                                                change that are filed with the                                                                                      Amendment Nos. 1 and 2, Establishing
                                                                                                          Register on April 22, 2016.3 On April
                                                Commission, and all written                                                                                         Fees Relating to End Users and
                                                                                                          29, 2016, the Exchange filed
                                                communications relating to the                                                                                      Amending the Definition of ‘‘Affiliate,’’
                                                                                                          Amendment No. 1 to the proposed rule
                                                proposed rule change between the                                                                                    as Well as Amending the NYSE MKT
                                                                                                          change.4 The Commission received no
                                                Commission and any person, other than                                                                               Equities Price List and the NYSE Amex
                                                                                                          comments on the proposed rule
                                                those that may be withheld from the                                                                                 Options Fee Schedule To Reflect the
                                                                                                          change.5 On June 8, 2016, the
                                                                                                          Commission extended the time period                       Changes
                                                public in accordance with the
                                                provisions of 5 U.S.C. 552, will be                       within which to approve the proposed                      September 27, 2016.
                                                available for Web site viewing and                        rule change, disapprove the proposed                         On April 4, 2016, NYSE MKT LLC
                                                printing in the Commission’s Public                       rule change, or institute proceedings to                  (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed
                                                Reference Room, 100 F Street NE.,                         determine whether to approve or                           with the Securities and Exchange
                                                Washington, DC 20549 on official                          disapprove the proposed rule change to                    Commission (‘‘Commission’’), pursuant
                                                business days between the hours of                        July 21, 2016.6 On June 24, 2016, the                     to Section 19(b)(1) of the Securities
                                                10:00 a.m. and 3:00 p.m. Copies of the                                                                              Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                            1 15  U.S.C. 78s(b)(1).
                                                filing also will be available for                           2 17
                                                                                                                                                                    19b–4 thereunder,2 a proposed rule
                                                                                                                  CFR 240.19b–4.
                                                inspection and copying at the principal                      3 See Securities Exchange Act Release No. 34–
                                                                                                                                                                    change to amend the co-location section
                                                office of the Exchange. All comments                      77641 (April 18, 2016), 81 FR 23773 (‘‘Notice’’).         of the NYSE MKT Equities Price List
                                                received will be posted without change;                      4 Amendment No. 1 made technical changes               and the NYSE Amex Options Fee
                                                the Commission does not edit personal                     relating to the General Notes numbering and               Schedule to establish fees relating to
                                                                                                          references in the Co-location section of the Fee          end users of certain co-location Users in
                                                identifying information from                              Schedules. Amendment No. 1 is available on the
                                                submissions. You should submit only                       Commission’s Web site at https://www.sec.gov/             the Exchange’s data center and to
                                                information that you wish to make                         comments/sr-nysearca-2016-19/nysearca201619-              amend the definition of ‘‘Affiliate.’’ The
                                                                                                          1.pdf.                                                    Commission published the proposed
                                                available publicly. All submissions                          5 The Commission received two comment letters
                                                should refer to File Number SR–MIAX–                      on a companion filing, NYSE–2016–11 (the ‘‘NYSE             7 In Amendment No. 2 the Exchange proposed
                                                2016–33 and should be submitted on or                     companion filing’’), filed by the Exchange’s affiliate,
                                                                                                          the New York Stock Exchange LLC (‘‘NYSE’’). See           that Rebroadcasting Users and Transmittal Users
                                                before October 24, 2016.                                  Letter from Michael Friedman, General Counsel and         would not be charged for their first two Multicast
                                                                                                          Chief Compliance Officer, Trillium, to Brent J.           End Users and Unicast End Users, respectively, and
                                                  For the Commission, by the Division of                                                                            offers additional support for the proposal.
                                                                                                          Fields, Secretary, Securities and Exchange
                                                Trading and Markets, pursuant to delegated                                                                          Amendment No. 2 was noticed at part of the
                                                                                                          Commission, dated May 13, 2016 (‘‘Friedman
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                                                authority.14                                              Letter’’), and Letter from Eero Pikat to Brent J.         Commission’s Order Instituting Proceedings and is
                                                                                                          Fields, Secretary, Securities and Exchange                also available on the Commission’s Web site at
                                                Robert W. Errett,                                                                                                   https://www.sec.gov/comments/sr-nysearca-2016-
                                                                                                          Commission, dated, May 13, 2016 (‘‘Pikat Letter’’)
                                                Deputy Secretary.                                         (together, the ‘‘Comment Letters,’’).                     19/nysearca201619-2.pdf.
                                                                                                                                                                      8 See Securities Exchange Act Release No. 34–
                                                [FR Doc. 2016–23751 Filed 9–30–16; 8:45 am]                  In response to the Comment Letters, the NYSE
                                                                                                          submitted a response and filed Amendment No. 2            78388; (July 21, 2016); 81 FR 49332.
                                                BILLING CODE 8011–01–P                                                                                                9 17 CFR 200.30–3(a)(12).
                                                                                                          to the NYSE companion filing.
                                                                                                             6 See Securities Exchange Act Release No. 34–            1 15 U.S.C. 78s(b)(1).
                                                  14 17   CFR 200.30–3(a)(12).                            77977 (June 2, 2016), 81 FR 36967.                          2 17 CFR 240.19b–4.




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Document Created: 2018-02-13 14:11:03
Document Modified: 2018-02-13 14:11:03
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 68084 

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