81_FR_77202 81 FR 76988 - 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 76988 - 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 214 (November 4, 2016)

Page Range76988-76990
FR Document2016-26645

Federal Register, Volume 81 Issue 214 (Friday, November 4, 2016)
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Pages 76988-76990]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26645]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79198; File No. SR-MIAX-2016-37]


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

October 31, 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 October 17, 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 17, 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.\3\
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    \3\ The term ``Market Makers'' refers to Lead Market Makers 
(``LMMs''), Primary Lead Market Makers (``PLMMs''), and Registered 
Market Makers (``RMMs'') collectively. See Exchange Rule 100.
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    Currently, MIAX assesses monthly MEI Port Fees on Market Makers 
based upon the number of MIAX matching engines \4\ used by the Market 
Maker. Market Makers are allocated two (2) Full Service MEI Ports \5\ 
and two (2) Limited Service MEI Ports \6\ 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.\7\ 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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    \4\ 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.
    \5\ 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.
    \6\ 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.
    \7\ 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 
has subsequently made additional Limited Service MEI Ports available to 
Market

[[Page 76989]]

Makers.\8\ 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 above the current four 
(4) 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 six (6) additional Limited Service MEI Ports per matching 
engine, for a total of eight (8) per matching engine. All other fees 
related to MEI Ports shall remain unchanged.
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    \8\ See Securities Exchange Act Release Nos. 70137 (August 8, 
2013), 78 FR 49586 (August 14, 2013) (SR-MIAX-2013-39); 70903 
(November 20, 2013), 78 FR 228 [sic] (November 26, 2013) (SR-MIAX-
2013-52); and 78950 (September 27, 2016), 81 FR 68084 (October 3, 
2016) (SR-MIAX-2016-33).
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    The purpose of this amendment to the Fee Schedule is to accommodate 
the Exchange's introduction of complex orders and quotes, as well as to 
provide Market Makers with access to additional functionality to be 
introduced in the future thereby continuing to offer Market Makers 
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 simple and complex quoting. 
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 \9\ in general, and furthers 
the objectives of Section 6(b)(4) of the Act \10\ 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 \11\ 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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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
    \11\ 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 \12\ 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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    \12\ 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. 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,\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

[[Page 76990]]

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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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-2016-37 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-2016-37. 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-2016-37 and should be 
submitted on or before November 25, 2016.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Brent J. Fields,
Secretary.
[FR Doc. 2016-26645 Filed 11-3-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    76988                        Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices

                                                    Contract and the 2003 ISDA Definitions                  (‘‘MIAX’’ or ‘‘Exchange’’) filed with the               Market Makers are allocated two (2) Full
                                                    of SWES Contracts proposed for clearing                 Securities and Exchange Commission                      Service MEI Ports 5 and two (2) Limited
                                                    are similar to the EM, SWES and Asia/                   (‘‘Commission’’) a proposed rule change                 Service MEI Ports 6 per matching engine
                                                    Pacific Contracts that are currently                    as described in Items I, II, and III below,             to which they connect. The Exchange
                                                    cleared by ICC. ICC also represents that                which Items have been prepared by the                   currently assesses the following MEI
                                                    these contracts will be cleared pursuant                Exchange. The Commission is                             Port fees: (i) $5,000 for Market Maker
                                                    to ICC’s existing clearing arrangements                 publishing this notice to solicit                       Assignments in up to 5 option classes or
                                                    and related financial safeguards,                       comments on the proposed rule change                    up to 10% of option classes by volume;
                                                    protections and risk management                         from interested persons.                                (ii) $10,000 for Market Maker
                                                    procedures. The Commission therefore                                                                            Assignments in up to 10 option classes
                                                    finds that the proposed rule change is                  I. Self-Regulatory Organization’s
                                                                                                            Statement of the Terms of Substance of                  or up to 20% of option classes by
                                                    designed to promote the prompt and                                                                              volume; (iii) $14,000 for Market Maker
                                                    accurate clearance and settlement of                    the Proposed Rule Change
                                                                                                                                                                    Assignments in up to 40 option classes
                                                    securities transactions and, to the extent                 The Exchange is filing a proposal to                 or up to 35% of option classes by
                                                    applicable, derivative agreements,                      amend the MIAX Options Fee Schedule                     volume; (iv) $17,500 for Market Maker
                                                    contracts, and transactions, and to                     (the ‘‘Fee Schedule’’). While changes to                Assignments in up to 100 option classes
                                                    assure the safeguarding of securities and               the Fee Schedule pursuant to this                       or up to 50% of option classes by
                                                    funds which are in the custody or                       proposal are effective upon filing, the                 volume; and (v) $20,500.00 for Market
                                                    control of the clearing agency or for                   Exchange has designated these changes                   Maker Assignments in over 100 option
                                                    which it is responsible and, in general,                to be operative on October 17, 2016.                    classes or over 50% of option classes by
                                                    to protect investors and the public                        The text of the proposed rule change                 volume up to all option classes listed on
                                                    interest.                                               is available on the Exchange’s Web site                 MIAX.7 In each of the foregoing
                                                    IV. Conclusion                                          at http://www.miaxoptions.com/filter/                   categories, the stated fee applies if the
                                                                                                            wotitle/rule_filing, at MIAX’s principal                less of the two applicable measurements
                                                      On the basis of the foregoing, the                    office, and at the Commission’s Public
                                                    Commission finds that the proposal is                                                                           is met. For example, a Market Maker
                                                                                                            Reference Room.                                         that wishes to make markets in just one
                                                    consistent with the requirements of the
                                                    Act 7 and the rules and regulations                     II. Self-Regulatory Organization’s                      symbol would require the two (2) MEI
                                                    thereunder.                                             Statement of the Purpose of, and                        Ports in a single matching engine; a
                                                      It is therefore ordered, pursuant to                  Statutory Basis for, the Proposed Rule                  Market Maker wishing to make markets
                                                    Section 19(b)(2) of the Act,8 that the                  Change                                                  in all symbols traded on MIAX would
                                                    proposed rule change (File No. SR–ICC–                                                                          require the two (2) MEI Ports in each of
                                                                                                              In its filing with the Commission, the
                                                    2016–012) be, and hereby is, approved.9                                                                         the Exchange’s matching engines. The
                                                                                                            Exchange included statements
                                                                                                                                                                    Exchange also currently charges $50 per
                                                      For the Commission, by the Division of                concerning the purpose of and basis for
                                                    Trading and Markets, pursuant to delegated                                                                      month for each additional Limited
                                                                                                            the proposed rule change and discussed
                                                    authority.10                                                                                                    Service MEI Port per matching engine
                                                                                                            any comments it received on the
                                                    Brent J. Fields,                                                                                                for Market Makers over and above the
                                                                                                            proposed rule change. The text of these
                                                    Secretary.                                                                                                      two (2) Limited Service MEI Ports per
                                                                                                            statements may be examined at the
                                                                                                                                                                    matching engine that are allocated with
                                                    [FR Doc. 2016–26644 Filed 11–3–16; 8:45 am]             places specified in Item IV below. The
                                                                                                                                                                    the Full Service MEI Ports. The Full
                                                    BILLING CODE 8011–01–P                                  Exchange has prepared summaries, set
                                                                                                                                                                    Service MEI Ports, Limited Service MEI
                                                                                                            forth in sections A, B, and C below, of
                                                                                                                                                                    Ports, and the additional Limited
                                                                                                            the most significant aspects of such
                                                    SECURITIES AND EXCHANGE                                                                                         Service MEI Ports all include access to
                                                                                                            statements.
                                                    COMMISSION                                                                                                      MIAX’s primary and secondary data
                                                                                                            A. Self-Regulatory Organization’s                       centers and its disaster recovery center.
                                                    [Release No. 34–79198; File No. SR–MIAX–                Statement of the Purpose of, and
                                                    2016–37]                                                                                                           The Exchange originally added the
                                                                                                            Statutory Basis for, the Proposed Rule                  Limited Service MEI Ports to enhance
                                                                                                            Change                                                  the MEI Port connectivity made
                                                    Self-Regulatory Organizations; Miami
                                                    International Securities Exchange LLC;                  1. Purpose                                              available to Market Makers, and has
                                                    Notice of Filing and Immediate                                                                                  subsequently made additional Limited
                                                                                                               The Exchange proposes to amend the                   Service MEI Ports available to Market
                                                    Effectiveness of a Proposed Rule                        MIAX Options Fee Schedule (the ‘‘Fee
                                                    Change To Amend Its Fee Schedule                        Schedule’’) to offer two (2) additional
                                                                                                                                                                    single matching engine that is dedicated only to
                                                    October 31, 2016.                                       Limited Service MIAX Express Interface                  SPY). A particular root symbol may only be
                                                      Pursuant to the provisions of Section                 (‘‘MEI’’) Ports to Market Makers.3                      assigned to a single designated matching engine. A
                                                    19(b)(1) of the Securities Exchange Act                    Currently, MIAX assesses monthly                     particular root symbol may not be assigned to
                                                                                                            MEI Port Fees on Market Makers based                    multiple matching engines.
                                                    of 1934 (‘‘Act’’) 1 and Rule 19b–4                                                                                5 Full Service MEI Ports provide Market Makers
                                                    thereunder,2 notice is hereby given that                upon the number of MIAX matching                        with the ability to send Market Maker quotes,
                                                    on October 17, 2016, Miami                              engines 4 used by the Market Maker.                     eQuotes, and quote purge messages to the MIAX
                                                    International Securities Exchange LLC                                                                           System. Full Service MEI Ports are also capable of
                                                                                                               3 The term ‘‘Market Makers’’ refers to Lead Market   receiving administrative information. Market
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                                                      7 15                                                  Makers (‘‘LMMs’’), Primary Lead Market Makers           Makers are limited to two Full Service MEI Ports
                                                            U.S.C. 78q–1.                                                                                           per matching engine.
                                                       8 15 U.S.C. 78s(b)(2).
                                                                                                            (‘‘PLMMs’’), and Registered Market Makers
                                                                                                            (‘‘RMMs’’) collectively. See Exchange Rule 100.           6 Limited Service MEI Ports provide Market
                                                       9 In approving the proposed rule change, the
                                                                                                               4 A ‘‘matching engine’’ is a part of the MIAX        Makers with the ability to send eQuotes and quote
                                                    Commission considered the proposal’s impact on          electronic system that processes options quotes and     purge messages only, but not Market Maker Quotes,
                                                    efficiency, competition and capital formation. 15       trades on a symbol-by-symbol basis. Some matching       to the MIAX System. Limited Service MEI Ports are
                                                    U.S.C. 78c(f).                                          engines will process option classes with multiple       also capable of receiving administrative
                                                       10 17 CFR 200.30–3(a)(12).
                                                                                                            root symbols, and other matching engines will be        information. Market Makers initially receive two
                                                       1 15 U.S.C. 78s(b)(1).                                                                                       Limited Service MEI Ports per matching engine.
                                                                                                            dedicated to one single option root symbol (for
                                                       2 17 CFR 240.19b–4.                                  example, options on SPY will be processed by one          7 See MIAX Fee Schedule, Section 5)d)ii).




                                               VerDate Sep<11>2014   17:52 Nov 03, 2016   Jkt 241001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\04NON1.SGM    04NON1


                                                                                 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices                                              76989

                                                    Makers.8 Limited Service MEI Ports                      2. Statutory Basis                                    B. Self-Regulatory Organization’s
                                                    have been well received by Market                                                                             Statement on Burden on Competition
                                                    Makers since their addition. The                          The Exchange believes that its
                                                                                                            proposal to amend its Fee Schedule is                    The Exchange does not believe that
                                                    Exchange now proposes to offer to                                                                             the proposed rule change will result in
                                                    Market Makers the ability to purchase                   consistent with Section 6(b) of the Act 9
                                                                                                                                                                  any burden on competition that is not
                                                    an additional two (2) Limited Service                   in general, and furthers the objectives of
                                                                                                                                                                  necessary or appropriate in furtherance
                                                    MEI Ports per matching engine over and                  Section 6(b)(4) of the Act 10 in
                                                                                                                                                                  of the purposes of the Act. The
                                                    above the current four (4) additional                   particular, in that it provides for the               Exchange believes that the proposal
                                                    Limited Service MEI Ports per matching                  equitable allocation of reasonable dues,              increases both intermarket and
                                                    engine that are available for purchase by               fees and other charges among members                  intramarket competition by enabling
                                                    Market Makers. The Exchange proposes                    and issuers and other persons using any               Market Makers to enhance their
                                                    to charge the same amount that it                       facility or system which the Exchange                 connectivity to the Exchange in a
                                                    currently charges, $50 per month, for                   operates or controls. The Exchange also               manner that is designed to provide
                                                    each extra Limited Service MEI Port per                 believes the proposal furthers the                    Market Makers of different sizes and
                                                    matching engine. The Exchange                           objectives of Section 6(b)(5) of the Act 11           business models to be assessed a MEI
                                                    proposes making a corresponding                         in that it is designed to promote just and            Port fee and to have technical
                                                    change to footnote 31 of the Exchange’s                 equitable principles of trade, to remove              connectivity that best matches their
                                                    Fee Schedule to specify that Market                     impediments to and perfect the                        quoting activity on the Exchange and
                                                    Makers will now be limited to                           mechanism of a free and open market                   the offering of additional Limited
                                                    purchasing six (6) additional Limited                   and a national market system, and, in                 Service MEI Ports comports with this
                                                    Service MEI Ports per matching engine,                  general to protect investors and the                  objective. The Exchange believes that
                                                    for a total of eight (8) per matching                   public interest and is not designed to                the proposal will increase competition
                                                    engine. All other fees related to MEI                   permit unfair discrimination between                  amongst Market Makers of different
                                                    Ports shall remain unchanged.                           customers, issuers, brokers and dealers.              sizes and business models by
                                                       The purpose of this amendment to the                                                                       encouraging Market Makers to connect
                                                    Fee Schedule is to accommodate the                        The Exchange believes that its
                                                                                                            proposal is consistent with Section                   additional Limited Service Ports to
                                                    Exchange’s introduction of complex                                                                            independent servers that host their
                                                    orders and quotes, as well as to provide                6(b)(4) of the Act because only Market
                                                                                                                                                                  eQuote and purge functionality. The
                                                    Market Makers with access to additional                 Makers that decide that they need the
                                                                                                                                                                  Exchange notes that it operates in a
                                                    functionality to be introduced in the                   extra Limited Service MEI Ports will be
                                                                                                                                                                  highly competitive market in which
                                                    future thereby continuing to offer                      charged the additional fee. The
                                                                                                                                                                  market participants can readily favor
                                                    Market Makers greater and improved                      Exchange further believes that the                    competing venues if they deem fee
                                                    technical flexibility to connect                        availability of the additional Limited                levels at a particular venue to be
                                                    additional Limited Service MEI Ports to                 Service MEI Ports is equitable and not                excessive. In such an environment, the
                                                    independent servers that host their                     unfairly discriminatory because it                    Exchange must continually adjust its
                                                    eQuote and purge functionality. The                     further enhances Market Makers’ access                fees to remain competitive with other
                                                    Exchange believes that the offering of                  to the MIAX System and consequently                   exchanges and in order to attract market
                                                    additional ports will help Market                       enhances the marketplace by helping                   participants to use its services. The
                                                    Makers mitigate the risk of using the                   Market Makers to better manage risk,                  Exchange believes that the proposal
                                                    same server for all of their Market Maker               thus preserving the integrity of the                  reflects this competitive environment
                                                    simple and complex quoting. By using                    MIAX markets, all to the benefit of and               because it increases the Exchange’s fees
                                                    the additional Limited Service MEI                      protection of investors and the public as             in a manner that continues to encourage
                                                    Ports for risk purposes, Market Makers                  a whole.                                              market participants to register as Market
                                                    can place purge functionality on a                                                                            Makers on the Exchange, to provide
                                                    different server than the Market Maker                    The Exchange also believes that its
                                                                                                            proposal is consistent with the                       liquidity, and to attract order flow. To
                                                    quoting server (via the Limited Service                                                                       the extent that this purpose is achieved,
                                                    MEI Ports), which provides them a                       objectives of Section 6(b)(5) of the Act 12
                                                                                                            because the additional Limited Service                all the Exchange’s market participants
                                                    failsafe for getting out of the market in                                                                     should benefit from the improved
                                                    case they have an issue with the quote                  MEI Ports are available to all Market
                                                                                                            Makers and the proposed fees assessable               market liquidity.
                                                    server. Market Makers can also use the
                                                    extra Limited Service MEI Ports to                      for the additional Limited Service MEI                C. Self-Regulatory Organization’s
                                                    submit eQuotes. Since eQuotes are                       Ports apply equally to all Market Makers              Statement on Comments on the
                                                    frequently generated by a different                     regardless of type, and access to the                 Proposed Rule Change Received From
                                                    algorithm that determines when to                       Exchange is offered on terms that are                 Members, Participants, or Others
                                                    respond to an auction message, the                      not unfairly discriminatory. The                        Written comments were neither
                                                    Exchange believes that the offering of                  Exchange designed the fee rates in order              solicited nor received.
                                                    additional ports will further enable                    to provide objective criteria for Market
                                                    Market Makers to connect to a different                 Makers of different sizes and business                III. Date of Effectiveness of the
                                                    server that processes auctions and                      models to be assessed a MEI Port fee                  Proposed Rule Change and Timing for
                                                    eQuotes rather than forcing them to use                 and to have technical connectivity that               Commission Action
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    their Market Maker Standard quote                       best matches their quoting activity on                   The foregoing rule change has become
                                                    server as a gateway for communicating                   the Exchange and the offering of                      effective pursuant to Section
                                                    eQuotes to MIAX.                                        additional Limited Service MEI Ports                  19(b)(3)(A)(ii) of the Act,13 and Rule
                                                                                                            comports with this objective.                         19b–4(f)(2) 14 thereunder. At any time
                                                      8 See Securities Exchange Act Release Nos. 70137
                                                                                                                                                                  within 60 days of the filing of the
                                                    (August 8, 2013), 78 FR 49586 (August 14, 2013)           9 15                                                proposed rule change, the Commission
                                                    (SR–MIAX–2013–39); 70903 (November 20, 2013),                  U.S.C. 78f(b).
                                                                                                              10 15 U.S.C. 78f(b)(4).
                                                    78 FR 228 [sic] (November 26, 2013) (SR–MIAX–
                                                                                                              11 15 U.S.C. 78f(b)(5).                               13 15   U.S.C. 78s(b)(3)(A)(ii).
                                                    2013–52); and 78950 (September 27, 2016), 81 FR
                                                    68084 (October 3, 2016) (SR–MIAX–2016–33).                12 15 U.S.C. 78f(b)(5).                               14 17   CFR 240.19b–4(f)(2).



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                                                    76990                        Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices

                                                    summarily may temporarily suspend                       available publicly. All submissions                    SMALL BUSINESS ADMINISTRATION
                                                    such rule change if it appears to the                   should refer to File Number SR–MIAX–
                                                                                                                                                                   [Disaster Declaration #14927 and #14928]
                                                    Commission that such action is                          2016–37 and should be submitted on or
                                                    necessary or appropriate in the public                  before November 25, 2016.                              South Carolina Disaster Number SC–
                                                    interest, for the protection of investors,                For the Commission, by the Division of               00041
                                                    or otherwise in furtherance of the                      Trading and Markets, pursuant to delegated
                                                    purposes of the Act. If the Commission                  authority.15                                           AGENCY: U.S. Small Business
                                                    takes such action, the Commission shall                 Brent J. Fields,                                       Administration.
                                                    institute proceedings to determine                      Secretary.                                             ACTION: Amendment 1.
                                                    whether the proposed rule should be                     [FR Doc. 2016–26645 Filed 11–3–16; 8:45 am]
                                                    approved or disapproved.                                                                                       SUMMARY:   This is an amendment of the
                                                                                                            BILLING CODE 8011–01–P                                 Presidential declaration of a major
                                                    IV. Solicitation of Comments                                                                                   disaster for Public Assistance Only for
                                                      Interested persons are invited to                                                                            the State of South Carolina (FEMA–
                                                    submit written data, views, and                         SMALL BUSINESS ADMINISTRATION                          4286–DR), dated 10/18/2016.
                                                    arguments concerning the foregoing,                     [Disaster Declaration #14911 and #14912]
                                                                                                                                                                     Incident: Hurricane Matthew.
                                                    including whether the proposed rule                                                                              Incident Period: 10/04/2016 and
                                                    change is consistent with the Act.                      North Carolina Disaster Number NC–                     continuing.
                                                    Comments may be submitted by any of                     00081                                                    Effective Date: 10/25/2016.
                                                    the following methods:                                                                                           Physical Loan Application Deadline
                                                                                                            AGENCY: U.S. Small Business                            Date: 12/19/2016.
                                                    Electronic Comments                                     Administration.                                          Economic Injury (EIDL) Loan
                                                      • Use the Commission’s Internet                       ACTION: Amendment 9.                                   Application Deadline Date: 07/18/2017.
                                                    comment form (http://www.sec.gov/                                                                              ADDRESSES: Submit completed loan
                                                                                                            SUMMARY:    This is an amendment of the                applications to: U.S. Small Business
                                                    rules/sro.shtml); or
                                                                                                            Presidential declaration of a major
                                                      • Send an email to rule-comments@                                                                            Administration, Processing and
                                                                                                            disaster for the State of North Carolina               Disbursement Center, 14925 Kingsport
                                                    sec.gov. Please include File Number SR–
                                                                                                            (FEMA–4285–DR), dated 10/10/2016.                      Road, Fort Worth, TX 76155.
                                                    MIAX–2016–37 on the subject line.
                                                                                                               Incident: Hurricane Matthew.
                                                                                                               Incident Period: 10/04/2016 and                     FOR FURTHER INFORMATION CONTACT: A.
                                                    Paper Comments
                                                                                                            continuing.                                            Escobar, Office of Disaster Assistance,
                                                       • Send paper comments in triplicate                                                                         U.S. Small Business Administration,
                                                                                                               Effective Date: 10/25/2016.
                                                    to Secretary, Securities and Exchange                      Physical Loan Application Deadline                  409 3rd Street SW., Suite 6050,
                                                    Commission, 100 F Street NE.,                           Date: 12/09/2016.                                      Washington, DC 20416.
                                                    Washington, DC 20549–1090.                                 EIDL Loan Application Deadline Date:                SUPPLEMENTARY INFORMATION: The notice
                                                    All submissions should refer to File                    07/10/2017.                                            of the President’s major disaster
                                                    Number SR–MIAX–2016–37. This file                       ADDRESSES: Submit completed loan                       declaration for Private Non-Profit
                                                    number should be included on the                        applications to: U.S. Small Business                   organizations in the State of South
                                                    subject line if email is used. To help the              Administration, Processing and                         Carolina, dated 10/18/2016, is hereby
                                                    Commission process and review your                      Disbursement Center, 14925 Kingsport                   amended to include the following areas
                                                    comments more efficiently, please use                   Road, Fort Worth, TX 76155.                            as adversely affected by the disaster.
                                                    only one method. The Commission will                    FOR FURTHER INFORMATION CONTACT: A.                    Primary Counties: Calhoun, Charleston,
                                                    post all comments on the Commission’s                   Escobar, Office of Disaster Assistance,                  Chesterfield, Clarendon, Darlington,
                                                    Internet Web site (http://www.sec.gov/                  U.S. Small Business Administration,                      Kershaw, Marlboro, Richland.
                                                    rules/sro.shtml). Copies of the                         409 3rd Street SW., Suite 6050,                          All other information in the original
                                                    submission, all subsequent                              Washington, DC 20416.                                  declaration remains unchanged.
                                                    amendments, all written statements
                                                                                                            SUPPLEMENTARY INFORMATION: The notice                  (Catalog of Federal Domestic Assistance
                                                    with respect to the proposed rule
                                                                                                            of the Presidential disaster declaration               Number 59008)
                                                    change that are filed with the
                                                                                                            for the State of North Carolina, dated
                                                    Commission, and all written
                                                                                                            10/10/2016 is hereby amended to                        Lisa Lopez-Suarez,
                                                    communications relating to the
                                                                                                            include the following areas as adversely               Acting Associate Administrator for Disaster
                                                    proposed rule change between the
                                                                                                            affected by the disaster:                              Assistance.
                                                    Commission and any person, other than                   Primary Counties: (Physical Damage and                 [FR Doc. 2016–26641 Filed 11–3–16; 8:45 am]
                                                    those that may be withheld from the                          Economic Injury Loans): Camden,
                                                    public in accordance with the                                                                                  BILLING CODE 8025–01–P
                                                                                                                 Chowan, Currituck, Pasquotank.
                                                    provisions of 5 U.S.C. 552, will be                     Contiguous Counties: (Economic Injury
                                                    available for Web site viewing and                           Loans Only): Virginia, Chesapeake                 SMALL BUSINESS ADMINISTRATION
                                                    printing in the Commission’s Public                          City, Virginia Beach City.
                                                    Reference Room, 100 F Street NE.,                          All other information in the original               [Disaster Declaration #14936 and #14937]
                                                    Washington, DC 20549, on official                       declaration remains unchanged.
                                                    business days between the hours of                                                                             Florida Disaster Number FL–00120
                                                                                                            (Catalog of Federal Domestic Assistance
                                                    10:00 a.m. and 3:00 p.m. Copies of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Number 59008)                                          AGENCY: U.S. Small Business
                                                    filing also will be available for                                                                              Administration.
                                                    inspection and copying at the principal                 Lisa Lopez-Suarez,
                                                                                                                                                                   ACTION: Amendment 1.
                                                    office of the Exchange. All comments                    Acting Associate Administrator for Disaster
                                                    received will be posted without change;                 Assistance.                                            SUMMARY:   This is an amendment of the
                                                    the Commission does not edit personal                   [FR Doc. 2016–26637 Filed 11–3–16; 8:45 am]            Presidential declaration of a major
                                                    identifying information from                            BILLING CODE 8025–01–P                                 disaster for Public Assistance Only for
                                                    submissions. You should submit only                                                                            the State of Florida (FEMA–4283–DR),
                                                    information that you wish to make                         15 17   CFR 200.30–3(a)(12).                         dated 10/24/2016.


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Document Created: 2018-02-14 08:27:18
Document Modified: 2018-02-14 08:27:18
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 76988 

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