81_FR_7907 81 FR 7877 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule To Implement a Professional Rebate Program

81 FR 7877 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule To Implement a Professional Rebate Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 30 (February 16, 2016)

Page Range7877-7879
FR Document2016-02989

Federal Register, Volume 81 Issue 30 (Tuesday, February 16, 2016)
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7877-7879]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02989]



[[Page 7877]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77097; File No. SR-MIAX-2016-05]


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

February 9, 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 January 27, 2016, Miami International 
Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``Commission'') a proposed rule 
change as described in Items I, II, and III below, which Items have 
been prepared by the Exchange. The Commission is publishing this notice 
to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule by implementing a 
Professional Rebate Program (the ``Program''). Under the Program, the 
Exchange will credit each Member the per contract amount resulting from 
any contracts executed from an order submitted by a Member for the 
account(s) of a (i) Public Customer that is not a Priority Customer; 
(ii) Non-MIAX Market Maker; (iii) Non-Member Broker-Dealer; or (iv) 
Firm (for purposes of the Professional Rebate Program, 
``Professional'') which is executed electronically on the Exchange in 
all multiply-listed option classes (excluding mini-options, Non-
Priority Customer to Non-Priority Customer orders, QCC Orders, PRIME 
Orders, PRIME AOC Responses, PRIME Contra-side Orders, and executions 
related to contracts that are routed to one or more exchanges in 
connection with the Options Order Protection and Locked/Crossed Market 
Plan referenced in MIAX Rule 1400 (collectively, for purposes of the 
Professional Rebate Program, ``Excluded Contracts'')), provided the 
Member achieves certain Professional volume increase percentage 
thresholds in the month relative to the fourth quarter of 2015.
    The percentage thresholds in each tier are based upon the increase 
in the total volume submitted by a Member and executed for the 
account(s) of a Professional on MIAX (not including Excluded Contracts) 
during a particular month as a percentage of the total volume reported 
by the Options Clearing Corporation (OCC) in MIAX classes during the 
same month (the ``Current Percentage''), less the total volume 
submitted by that Member and executed for the account(s) of a 
Professional on MIAX (not including Excluded Contracts) during the 
fourth quarter of 2015 as a percentage of the total volume reported by 
OCC in MIAX classes during the fourth quarter of 2015 (the ``Baseline 
Percentage'').
    The Member's percentage increase will be calculated as the Current 
Percentage less the Baseline Percentage. Members will receive rebates 
for contracts submitted by such Member on behalf of a Professional(s) 
that are executed within a particular percentage tier based upon that 
percentage tier only, and will not receive a rebate for such contracts 
that applies to any other tier.
    Thus, the per contract credit of $0.10 for Tier 1 will apply to 
percentage thresholds from above 0.00% up to 0.005%. Next, the per 
contract credit of $0.15 for Tier 2 will apply only to percentage 
thresholds from above 0.005% up to 0.020%, beginning with the first 
contract executed in Tier 2, but will not apply to contracts executed 
in Tier 1, to which the $0.10 per contract credit applied. Thereafter, 
the per contract credit of $0.20 for Tier 3 will apply to percentage 
thresholds from above 0.020%, beginning with the first contract 
executed in Tier 3, but will not apply to contracts executed in Tier 1, 
to which the $0.10 per contract credit applied, and will not apply to 
contracts executed in Tier 2, to which the $0.15 per contract credit 
applied.
    The below table applies to Members submitting orders for the 
account(s) of Professionals, as defined above.

------------------------------------------------------------------------
  Percentage thresholds of volume increase in multiply-
  listed options classes listed on MIAX (Current month     Per contract
           compared to prior calendar quarter)                credit
------------------------------------------------------------------------
Tier 1--Above 0.00%-0.005%..............................           $0.10
Tier 2--Above 0.005%-0.020%.............................            0.15
Tier 3--Above 0.020%....................................            0.20
------------------------------------------------------------------------

    The increase in volume will be recorded for and credits will be 
delivered to the Member Firm that submits the order to the Exchange. 
The Exchange will aggregate the contracts resulting from Professional 
orders transmitted and executed electronically on the Exchange from 
affiliated Members for purposes of the thresholds above, provided there 
is at least 75% common ownership between the firms as reflected on each 
firm's Form BD, Schedule A. A Member may request to receive its credit 
under the Program as a separate direct payment.
    In the event of a MIAX System outage or other interruption of 
electronic trading on MIAX, the Exchange will adjust the increase in 
volume in multiply-listed options (not including Excluded Contracts) 
for the duration of the outage.
    The purpose of the Program is to encourage Members to direct 
greater Professional trade volume to the Exchange. Increased 
Professional volume will provide for greater liquidity, which benefits 
all market participants. The practice of incentivizing increased retail 
customer order flow in order to attract liquidity is, and has been, 
commonly practiced in the options markets. As such, marketing

[[Page 7878]]

fee programs,\3\ and customer posting incentive programs,\4\ are based 
on attracting public customer order flow. The Program similarly intends 
to attract Professional order flow, which will increase liquidity, 
thereby providing greater trading opportunities and tighter spreads for 
other market participants and causing a corresponding increase in order 
flow from such other market participants.
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    \3\ See MIAX Fee Schedule, Section 1(b).
    \4\ See NYSE Arca, Inc. Fees Schedule, page 4 (section titled 
``Customer Monthly Posting Credit Tiers and Qualifications for 
Executions in Penny Pilot Issues'').
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    The specific volume increase thresholds of the Program's tiers were 
set based upon business determinations and an analysis of current 
volume levels. The volume increase thresholds are intended to encourage 
firms that route some Professional orders to the Exchange to increase 
the number of such orders that are sent to the Exchange to achieve the 
next threshold and to provide incentive for new participants to send 
Professional orders as well. Increasing the number of such orders sent 
to the Exchange will in turn provide tighter and more liquid markets, 
and therefore attract more business overall. Similarly, the different 
credit rates at the different tier levels were based on an analysis of 
revenue and volume levels and are intended to provide increasing 
rewards for increasing the volume of trades sent to and executed on the 
Exchange. The specific amounts of the tiers and rates were set in order 
to encourage suppliers of Professional order flow to reach for higher 
tiers.
    The purpose of calculating the Baseline Percentage as the total 
volume submitted by that Member and executed for the account(s) of a 
Professional on MIAX (not including Excluded Contracts) during the 
fourth quarter of 2015 as a percentage of the total volume reported by 
OCC in MIAX classes during the fourth quarter of 2015 is to maintain a 
constant measuring methodology based upon a sample of the most current 
market conditions available over a meaningful period of time (e.g., 
three months), which should help Members submitting orders designated 
as Professional (as defined above) better understand the volume 
thresholds that will result in higher rebate amounts. As overall market 
conditions evolve, the Exchange will analyze and re-assess the 
calculation of the Baseline Percentage, and if its analysis justifies a 
change in the calculation of the Baseline Percentage due to changing 
overall market conditions, the Exchange will submit a proposed rule 
change reflecting this.
    The Exchange proposes to leave certain Excluded Contracts 
(specifically, Non-Priority Customer to Non-Priority Customer orders, 
QCC Orders, PRIME Orders, PRIME AOC Responses, and PRIME Contra-side 
Orders) out of the calculation of the Current and Baseline percentages 
measuring contracts executed on MIAX and accordingly from the 
calculation of the percentage thresholds of volume increase. The 
Exchange believes that it is unnecessary and redundant to offer an 
incentive where both sides of the trade are submitted and executed by 
the same Member that submits such orders on behalf of Professionals.
    Executions related to contracts that are routed to one or more 
exchanges in connection with the Options Order Protection and Locked/
Crossed Market Plan referenced in MIAX Rule 1400 would be excluded from 
the calculation because the execution of such orders occurs on away 
markets. Providing rebates to Professional executions that occur on 
other trading venues would be inconsistent with the proposal. 
Therefore, such volume is excluded from the Program in order to promote 
the underlying goal of the proposal, which is to increase liquidity and 
execution volume on the Exchange.
    The Exchange also proposes to exclude mini-options from the 
calculation of the percentage thresholds of volume increase. Mini-
options contracts are excluded from the Program because the cost to the 
Exchange to process quotes, orders and trades in mini-options is the 
same as for standard options. This, coupled with the lower per-contract 
transaction fees charged to other market participants, makes it 
impractical to offer Members a credit for Professional mini-option 
volume that they transact.
    The Exchange proposes limiting the Program to multiply-listed 
options classes on MIAX because MIAX does not compete with other 
exchanges for order flow in the proprietary, singly-listed products. In 
addition, the Exchange does not trade any singly-listed products at 
this time, but may develop such products in the future. If at such time 
the Exchange develops proprietary products, the Exchange anticipates 
having to devote a lot of resources to develop them, and therefore 
would need to retain funds collected in order to recoup those 
expenditures.
    The credits paid out as part of the program will be drawn from the 
general revenues of the Exchange.\5\ The proposed rule change is to 
take effect February 1, 2016.
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    \5\ Despite providing credits under the Program, the Exchange 
represents that it will continue to have adequate resources to fund 
its regulatory program and fulfill its responsibilities as a self-
regulatory organization during the limited period that the Program 
will be in effect.
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2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule 
is consistent with Section 6(b) of the Act \6\ in general, and furthers 
the objectives of Section 6(b)(4) of the Act \7\ in particular, in that 
it is an equitable allocation of reasonable fees and other charges 
among Exchange members, and issuers and other persons using its 
facilities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed Program is fair, equitable 
and not unreasonably discriminatory. The Program is reasonably designed 
because it will encourage providers of Professional order flow to send 
that Professional order flow to the Exchange in order to receive a 
credit in a manner that enables the Exchange to improve its overall 
competitiveness and strengthen its market quality for all market 
participants. The proposed Program is fair and equitable and not 
unreasonably discriminatory because it will apply equally to all 
Members submitting orders for the account(s) of Professionals. All 
similarly situated Professional orders are subject to the same rebate 
schedule, and access to the Exchange is offered on terms that are not 
unfairly discriminatory. In addition, the Program is equitable and not 
unfairly discriminatory because, while only Professional order flow 
qualifies for the Program, an increase in Professional order flow will 
bring greater volume and liquidity, which benefit all market 
participants by providing more trading opportunities and tighter 
spreads. Similarly, offering increasing credits to Members for 
submitting and executing higher percentages of total national customer 
volume (increased credit rates at increased volume tiers) is equitable 
and not unfairly discriminatory because such increased rates and tiers 
encourage Members to direct increased amounts of Professional contracts 
to the Exchange.

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The

[[Page 7879]]

Exchange believes that the proposed rule change would increase both 
intermarket and intramarket competition by incenting Members to direct 
orders for the account(s) of Professionals to the Exchange, which 
should enhance the quality of the Exchange's markets and increase the 
volume of contracts traded here. To the extent that this purpose is 
achieved, all the Exchange's market participants should benefit from 
the improved market liquidity. Enhanced market quality and increased 
transaction volume that results from the anticipated increase in order 
flow directed to the Exchange will benefit all market participants and 
improve competition on the Exchange. The Exchange notes that it 
operates in a highly competitive market in which market participants 
can readily favor competing venues if they deem fee levels at a 
particular venue to be excessive. In such an environment, the Exchange 
must continually adjust its fees to remain competitive with other 
exchanges and to attract order flow to the Exchange. The Exchange 
believes that the proposed rule change reflects this competitive 
environment because it reduces the Exchange's fees through rebates in a 
manner that encourages market participants to direct their customer 
order flow, to provide liquidity, and to attract additional transaction 
volume to the Exchange. Given the robust competition for volume among 
options markets, many of which offer the same products, implementing a 
volume increase based rebate program to attract order flow like the one 
being proposed in this filing is consistent with the above-mentioned 
goals of the Act.

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,\8\ and Rule 19b-4(f)(2) \9\ 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-2016-05 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-2016-05. 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-2016-05 and should be 
submitted on or before March 8, 2016.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Brent J. Fields,
Secretary.
[FR Doc. 2016-02989 Filed 2-12-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices                                                         7877

                                                  SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                       Thus, the per contract credit of $0.10
                                                  COMMISSION                                                 Statement of the Purpose of, and                      for Tier 1 will apply to percentage
                                                                                                             Statutory Basis for, the Proposed Rule                thresholds from above 0.00% up to
                                                  [Release No. 34–77097; File No. SR–MIAX–                   Change                                                0.005%. Next, the per contract credit of
                                                  2016–05]                                                                                                         $0.15 for Tier 2 will apply only to
                                                                                                             1. Purpose
                                                                                                                                                                   percentage thresholds from above
                                                  Self-Regulatory Organizations; Miami                          The Exchange proposes to amend its                 0.005% up to 0.020%, beginning with
                                                  International Securities Exchange LLC;                     Fee Schedule by implementing a                        the first contract executed in Tier 2, but
                                                  Notice of Filing and Immediate                             Professional Rebate Program (the                      will not apply to contracts executed in
                                                  Effectiveness of a Proposed Rule                           ‘‘Program’’). Under the Program, the                  Tier 1, to which the $0.10 per contract
                                                  Change To Amend Its Fee Schedule To                        Exchange will credit each Member the                  credit applied. Thereafter, the per
                                                  Implement a Professional Rebate                            per contract amount resulting from any                contract credit of $0.20 for Tier 3 will
                                                                                                             contracts executed from an order                      apply to percentage thresholds from
                                                  Program
                                                                                                             submitted by a Member for the                         above 0.020%, beginning with the first
                                                  February 9, 2016.                                          account(s) of a (i) Public Customer that              contract executed in Tier 3, but will not
                                                                                                             is not a Priority Customer; (ii) Non-                 apply to contracts executed in Tier 1, to
                                                     Pursuant to the provisions of Section                   MIAX Market Maker; (iii) Non-Member                   which the $0.10 per contract credit
                                                  19(b)(1) of the Securities Exchange Act                    Broker-Dealer; or (iv) Firm (for purposes             applied, and will not apply to contracts
                                                  of 1934 (‘‘Act’’)1 and Rule 19b–4                          of the Professional Rebate Program,                   executed in Tier 2, to which the $0.15
                                                  thereunder,2 notice is hereby given that                   ‘‘Professional’’) which is executed                   per contract credit applied.
                                                  on January 27, 2016, Miami                                 electronically on the Exchange in all                   The below table applies to Members
                                                  International Securities Exchange LLC                      multiply-listed option classes                        submitting orders for the account(s) of
                                                  (‘‘MIAX’’ or ‘‘Exchange’’) filed with the                  (excluding mini-options, Non-Priority                 Professionals, as defined above.
                                                  Securities and Exchange Commission                         Customer to Non-Priority Customer
                                                  (‘‘Commission’’) a proposed rule change                    orders, QCC Orders, PRIME Orders,                         Percentage thresholds of
                                                  as described in Items I, II, and III below,                PRIME AOC Responses, PRIME Contra-                     volume increase in multiply-
                                                                                                                                                                     listed options classes listed           Per contract
                                                  which Items have been prepared by the                      side Orders, and executions related to                             on MIAX                         credit
                                                  Exchange. The Commission is                                contracts that are routed to one or more               (Current month compared to
                                                  publishing this notice to solicit                          exchanges in connection with the                            prior calendar quarter)
                                                  comments on the proposed rule change                       Options Order Protection and Locked/
                                                                                                                                                                   Tier 1—Above 0.00%–
                                                  from interested persons.                                   Crossed Market Plan referenced in
                                                                                                                                                                     0.005% ..............................          $0.10
                                                                                                             MIAX Rule 1400 (collectively, for                     Tier 2—Above 0.005%–
                                                  I. Self-Regulatory Organization’s                          purposes of the Professional Rebate                     0.020% ..............................            0.15
                                                  Statement of the Terms of Substance of                     Program, ‘‘Excluded Contracts’’)),                    Tier 3—Above 0.020% .........                      0.20
                                                  the Proposed Rule Change                                   provided the Member achieves certain
                                                                                                             Professional volume increase percentage                  The increase in volume will be
                                                     The Exchange is filing a proposal to
                                                                                                             thresholds in the month relative to the               recorded for and credits will be
                                                  amend the MIAX Options Fee Schedule                        fourth quarter of 2015.
                                                  (the ‘‘Fee Schedule’’).                                                                                          delivered to the Member Firm that
                                                                                                                The percentage thresholds in each tier             submits the order to the Exchange. The
                                                     The text of the proposed rule change                    are based upon the increase in the total              Exchange will aggregate the contracts
                                                  is available on the Exchange’s Web site                    volume submitted by a Member and                      resulting from Professional orders
                                                  at http://www.miaxoptions.com/filter/                      executed for the account(s) of a                      transmitted and executed electronically
                                                  wotitle/rule_filing, at MIAX’s principal                   Professional on MIAX (not including                   on the Exchange from affiliated
                                                  office, and at the Commission’s Public                     Excluded Contracts) during a particular               Members for purposes of the thresholds
                                                  Reference Room.                                            month as a percentage of the total                    above, provided there is at least 75%
                                                                                                             volume reported by the Options                        common ownership between the firms
                                                  II. Self-Regulatory Organization’s                         Clearing Corporation (OCC) in MIAX                    as reflected on each firm’s Form BD,
                                                  Statement of the Purpose of, and                           classes during the same month (the                    Schedule A. A Member may request to
                                                  Statutory Basis for, the Proposed Rule                     ‘‘Current Percentage’’), less the total               receive its credit under the Program as
                                                  Change                                                     volume submitted by that Member and                   a separate direct payment.
                                                    In its filing with the Commission, the                   executed for the account(s) of a                         In the event of a MIAX System outage
                                                                                                             Professional on MIAX (not including                   or other interruption of electronic
                                                  Exchange included statements
                                                                                                             Excluded Contracts) during the fourth                 trading on MIAX, the Exchange will
                                                  concerning the purpose of and basis for
                                                                                                             quarter of 2015 as a percentage of the                adjust the increase in volume in
                                                  the proposed rule change and discussed                     total volume reported by OCC in MIAX                  multiply-listed options (not including
                                                  any comments it received on the                            classes during the fourth quarter of 2015             Excluded Contracts) for the duration of
                                                  proposed rule change. The text of these                    (the ‘‘Baseline Percentage’’).                        the outage.
                                                  statements may be examined at the                             The Member’s percentage increase                      The purpose of the Program is to
                                                  places specified in Item IV below. The                     will be calculated as the Current                     encourage Members to direct greater
                                                  Exchange has prepared summaries, set                       Percentage less the Baseline Percentage.              Professional trade volume to the
                                                  forth in sections A, B, and C below, of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                             Members will receive rebates for                      Exchange. Increased Professional
                                                  the most significant aspects of such                       contracts submitted by such Member on                 volume will provide for greater
                                                  statements.                                                behalf of a Professional(s) that are                  liquidity, which benefits all market
                                                                                                             executed within a particular percentage               participants. The practice of
                                                                                                             tier based upon that percentage tier                  incentivizing increased retail customer
                                                                                                             only, and will not receive a rebate for               order flow in order to attract liquidity is,
                                                    1 15   U.S.C. 78s(b)(1).                                 such contracts that applies to any other              and has been, commonly practiced in
                                                    2 17   CFR 240.19b–4.                                    tier.                                                 the options markets. As such, marketing


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                                                  7878                        Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices

                                                  fee programs,3 and customer posting                     conditions, the Exchange will submit a                revenues of the Exchange.5 The
                                                  incentive programs,4 are based on                       proposed rule change reflecting this.                 proposed rule change is to take effect
                                                  attracting public customer order flow.                     The Exchange proposes to leave                     February 1, 2016.
                                                  The Program similarly intends to attract                certain Excluded Contracts (specifically,             2. Statutory Basis
                                                  Professional order flow, which will                     Non-Priority Customer to Non-Priority
                                                  increase liquidity, thereby providing                   Customer orders, QCC Orders, PRIME                       The Exchange believes that its
                                                  greater trading opportunities and tighter               Orders, PRIME AOC Responses, and                      proposal to amend its Fee Schedule is
                                                  spreads for other market participants                   PRIME Contra-side Orders) out of the                  consistent with Section 6(b) of the Act 6
                                                  and causing a corresponding increase in                 calculation of the Current and Baseline               in general, and furthers the objectives of
                                                  order flow from such other market                                                                             Section 6(b)(4) of the Act 7 in particular,
                                                                                                          percentages measuring contracts
                                                  participants.                                                                                                 in that it is an equitable allocation of
                                                                                                          executed on MIAX and accordingly
                                                     The specific volume increase                                                                               reasonable fees and other charges among
                                                                                                          from the calculation of the percentage
                                                  thresholds of the Program’s tiers were                                                                        Exchange members, and issuers and
                                                                                                          thresholds of volume increase. The
                                                  set based upon business determinations                                                                        other persons using its facilities.
                                                                                                          Exchange believes that it is unnecessary
                                                  and an analysis of current volume                                                                                The Exchange believes that the
                                                                                                          and redundant to offer an incentive
                                                  levels. The volume increase thresholds                                                                        proposed Program is fair, equitable and
                                                                                                          where both sides of the trade are
                                                  are intended to encourage firms that                                                                          not unreasonably discriminatory. The
                                                                                                          submitted and executed by the same
                                                  route some Professional orders to the                                                                         Program is reasonably designed because
                                                                                                          Member that submits such orders on
                                                  Exchange to increase the number of                                                                            it will encourage providers of
                                                                                                          behalf of Professionals.
                                                  such orders that are sent to the                                                                              Professional order flow to send that
                                                                                                             Executions related to contracts that               Professional order flow to the Exchange
                                                  Exchange to achieve the next threshold                  are routed to one or more exchanges in
                                                  and to provide incentive for new                                                                              in order to receive a credit in a manner
                                                                                                          connection with the Options Order                     that enables the Exchange to improve its
                                                  participants to send Professional orders                Protection and Locked/Crossed Market
                                                  as well. Increasing the number of such                                                                        overall competitiveness and strengthen
                                                                                                          Plan referenced in MIAX Rule 1400                     its market quality for all market
                                                  orders sent to the Exchange will in turn                would be excluded from the calculation
                                                  provide tighter and more liquid markets,                                                                      participants. The proposed Program is
                                                                                                          because the execution of such orders                  fair and equitable and not unreasonably
                                                  and therefore attract more business                     occurs on away markets. Providing
                                                  overall. Similarly, the different credit                                                                      discriminatory because it will apply
                                                                                                          rebates to Professional executions that               equally to all Members submitting
                                                  rates at the different tier levels were                 occur on other trading venues would be
                                                  based on an analysis of revenue and                                                                           orders for the account(s) of
                                                                                                          inconsistent with the proposal.                       Professionals. All similarly situated
                                                  volume levels and are intended to                       Therefore, such volume is excluded
                                                  provide increasing rewards for                                                                                Professional orders are subject to the
                                                                                                          from the Program in order to promote                  same rebate schedule, and access to the
                                                  increasing the volume of trades sent to                 the underlying goal of the proposal,
                                                  and executed on the Exchange. The                                                                             Exchange is offered on terms that are
                                                                                                          which is to increase liquidity and                    not unfairly discriminatory. In addition,
                                                  specific amounts of the tiers and rates                 execution volume on the Exchange.
                                                  were set in order to encourage suppliers                                                                      the Program is equitable and not
                                                  of Professional order flow to reach for                    The Exchange also proposes to                      unfairly discriminatory because, while
                                                  higher tiers.                                           exclude mini-options from the                         only Professional order flow qualifies
                                                     The purpose of calculating the                       calculation of the percentage thresholds              for the Program, an increase in
                                                  Baseline Percentage as the total volume                 of volume increase. Mini-options                      Professional order flow will bring
                                                  submitted by that Member and executed                   contracts are excluded from the Program               greater volume and liquidity, which
                                                  for the account(s) of a Professional on                 because the cost to the Exchange to                   benefit all market participants by
                                                  MIAX (not including Excluded                            process quotes, orders and trades in                  providing more trading opportunities
                                                  Contracts) during the fourth quarter of                 mini-options is the same as for standard              and tighter spreads. Similarly, offering
                                                  2015 as a percentage of the total volume                options. This, coupled with the lower                 increasing credits to Members for
                                                  reported by OCC in MIAX classes                         per-contract transaction fees charged to              submitting and executing higher
                                                  during the fourth quarter of 2015 is to                 other market participants, makes it                   percentages of total national customer
                                                  maintain a constant measuring                           impractical to offer Members a credit for             volume (increased credit rates at
                                                  methodology based upon a sample of                      Professional mini-option volume that                  increased volume tiers) is equitable and
                                                  the most current market conditions                      they transact.                                        not unfairly discriminatory because
                                                  available over a meaningful period of                      The Exchange proposes limiting the                 such increased rates and tiers encourage
                                                  time (e.g., three months), which should                 Program to multiply-listed options                    Members to direct increased amounts of
                                                  help Members submitting orders                          classes on MIAX because MIAX does                     Professional contracts to the Exchange.
                                                  designated as Professional (as defined                  not compete with other exchanges for                  B. Self-Regulatory Organization’s
                                                  above) better understand the volume                     order flow in the proprietary, singly-                Statement on Burden on Competition
                                                  thresholds that will result in higher                   listed products. In addition, the
                                                                                                          Exchange does not trade any singly-                     The Exchange does not believe that
                                                  rebate amounts. As overall market
                                                                                                          listed products at this time, but may                 the proposed rule change will result in
                                                  conditions evolve, the Exchange will
                                                                                                          develop such products in the future. If               any burden on competition that is not
                                                  analyze and re-assess the calculation of
                                                                                                          at such time the Exchange develops                    necessary or appropriate in furtherance
                                                  the Baseline Percentage, and if its
                                                                                                          proprietary products, the Exchange                    of the purposes of the Act. The
                                                  analysis justifies a change in the
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                                                  calculation of the Baseline Percentage                  anticipates having to devote a lot of                   5 Despite providing credits under the Program,
                                                  due to changing overall market                          resources to develop them, and                        the Exchange represents that it will continue to
                                                                                                          therefore would need to retain funds                  have adequate resources to fund its regulatory
                                                    3 See  MIAX Fee Schedule, Section 1(b).               collected in order to recoup those                    program and fulfill its responsibilities as a self-
                                                    4 See  NYSE Arca, Inc. Fees Schedule, page 4          expenditures.                                         regulatory organization during the limited period
                                                  (section titled ‘‘Customer Monthly Posting Credit                                                             that the Program will be in effect.
                                                  Tiers and Qualifications for Executions in Penny
                                                                                                             The credits paid out as part of the                  6 15 U.S.C. 78f(b).

                                                  Pilot Issues’’).                                        program will be drawn from the general                  7 15 U.S.C. 78f(b)(4).




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                                                                                    Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices                                             7879

                                                  Exchange believes that the proposed                      or otherwise in furtherance of the                    2016–05 and should be submitted on or
                                                  rule change would increase both                          purposes of the Act. If the Commission                before March 8, 2016.
                                                  intermarket and intramarket                              takes such action, the Commission shall                 For the Commission, by the Division of
                                                  competition by incenting Members to                      institute proceedings to determine                    Trading and Markets, pursuant to delegated
                                                  direct orders for the account(s) of                      whether the proposed rule should be                   authority.10
                                                  Professionals to the Exchange, which                     approved or disapproved.                              Brent J. Fields,
                                                  should enhance the quality of the                                                                              Secretary.
                                                  Exchange’s markets and increase the                      IV. Solicitation of Comments
                                                                                                                                                                 [FR Doc. 2016–02989 Filed 2–12–16; 8:45 am]
                                                  volume of contracts traded here. To the                    Interested persons are invited to                   BILLING CODE 8011–01–P
                                                  extent that this purpose is achieved, all                submit written data, views, and
                                                  the Exchange’s market participants
                                                                                                           arguments concerning the foregoing,
                                                  should benefit from the improved                                                                               SECURITIES AND EXCHANGE
                                                                                                           including whether the proposed rule
                                                  market liquidity. Enhanced market                                                                              COMMISSION
                                                                                                           change is consistent with the Act.
                                                  quality and increased transaction
                                                                                                           Comments may be submitted by any of                   [Release No. 34–77096; File No. SR–BOX–
                                                  volume that results from the anticipated
                                                  increase in order flow directed to the                   the following methods:                                2016–05]
                                                  Exchange will benefit all market                         Electronic Comments                                   Self-Regulatory Organizations; BOX
                                                  participants and improve competition                                                                           Options Exchange LLC; Notice of
                                                  on the Exchange. The Exchange notes                        • Use the Commission’s Internet
                                                                                                                                                                 Filing and Immediate Effectiveness of
                                                  that it operates in a highly competitive                 comment form (http://www.sec.gov/
                                                                                                                                                                 a Proposed Rule Change To Amend
                                                  market in which market participants can                  rules/sro.shtml); or
                                                                                                                                                                 Rule 7290 (Price Protection for Limit
                                                  readily favor competing venues if they                     • Send an email to rule-comments@                   Orders) To Enhance the Protections
                                                  deem fee levels at a particular venue to                 sec.gov. Please include File Number SR–               Provided to Participants Executing
                                                  be excessive. In such an environment,                    MIAX–2016–05 on the subject line.                     Orders and Quotes on the Exchange
                                                  the Exchange must continually adjust its
                                                  fees to remain competitive with other                    Paper Comments                                        February 9, 2016.
                                                  exchanges and to attract order flow to                                                                            Pursuant to Section 19(b)(1) of the
                                                  the Exchange. The Exchange believes                         • Send paper comments in triplicate
                                                                                                                                                                 Securities Exchange Act of 1934
                                                  that the proposed rule change reflects                   to Secretary, Securities and Exchange
                                                                                                                                                                 (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  this competitive environment because it                  Commission, 100 F Street NE.,
                                                                                                                                                                 notice is hereby given that on January
                                                  reduces the Exchange’s fees through                      Washington, DC 20549–1090.
                                                                                                                                                                 27, 2016, BOX Options Exchange LLC
                                                  rebates in a manner that encourages                      All submissions should refer to File                  (the ‘‘Exchange’’) filed with the
                                                  market participants to direct their                      Number SR–MIAX–2016–05. This file                     Securities and Exchange Commission
                                                  customer order flow, to provide                          number should be included on the                      (‘‘Commission’’) the proposed rule
                                                  liquidity, and to attract additional                     subject line if email is used. To help the            change as described in Items I and II
                                                  transaction volume to the Exchange.                      Commission process and review your                    below, which Items have been prepared
                                                  Given the robust competition for                         comments more efficiently, please use                 by the self-regulatory organization. The
                                                  volume among options markets, many of                    only one method. The Commission will                  Commission is publishing this notice to
                                                  which offer the same products,                           post all comments on the Commission’s                 solicit comments on the proposed rule
                                                  implementing a volume increase based                     Internet Web site (http://www.sec.gov/                from interested persons.
                                                  rebate program to attract order flow like                rules/sro.shtml). Copies of the
                                                  the one being proposed in this filing is                                                                       I. Self-Regulatory Organization’s
                                                                                                           submission, all subsequent
                                                  consistent with the above-mentioned                                                                            Statement of the Terms of Substance of
                                                                                                           amendments, all written statements
                                                  goals of the Act.                                                                                              the Proposed Rule Change
                                                                                                           with respect to the proposed rule
                                                                                                           change that are filed with the                           The Exchange proposes to amend
                                                  C. Self-Regulatory Organization’s                                                                              Rule 7290 (Price Protection for Limit
                                                  Statement on Comments on the                             Commission, and all written
                                                                                                           communications relating to the                        Orders) to enhance the protections
                                                  Proposed Rule Change Received From                                                                             provided to Participants executing
                                                  Members, Participants, or Others                         proposed rule change between the
                                                                                                           Commission and any person, other than                 orders and quotes on the Exchange. The
                                                    Written comments were neither                          those that may be withheld from the                   text of the proposed rule change is
                                                  solicited nor received.                                  public in accordance with the                         available from the principal office of the
                                                  III. Date of Effectiveness of the                        provisions of 5 U.S.C. 552, will be                   Exchange, at the Commission’s Public
                                                  Proposed Rule Change and Timing for                      available for Web site viewing and                    Reference Room and also on the
                                                  Commission Action                                        printing in the Commission’s Public                   Exchange’s Internet Web site at http://
                                                                                                           Reference Room, 100 F Street NE.,                     boxexchange.com.
                                                     The foregoing rule change has become
                                                  effective pursuant to Section                            Washington, DC 20549, on official                     II. Self-Regulatory Organization’s
                                                  19(b)(3)(A)(ii) of the Act,8 and Rule                    business days between the hours of                    Statement of the Purpose of, and
                                                  19b–4(f)(2) 9 thereunder. At any time                    10:00 a.m. and 3:00 p.m. Copies of the                Statutory Basis for, the Proposed Rule
                                                  within 60 days of the filing of the                      filing also will be available for                     Change
                                                  proposed rule change, the Commission                     inspection and copying at the principal
                                                                                                                                                                    In its filing with the Commission, the
                                                                                                           office of the Exchange. All comments
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                                                  summarily may temporarily suspend                                                                              self-regulatory organization included
                                                  such rule change if it appears to the                    received will be posted without change;
                                                                                                                                                                 statements concerning the purpose of,
                                                  Commission that such action is                           the Commission does not edit personal
                                                                                                                                                                 and basis for, the proposed rule change
                                                  necessary or appropriate in the public                   identifying information from
                                                                                                                                                                 and discussed any comments it received
                                                  interest, for the protection of investors,               submissions. You should submit only
                                                                                                           information that you wish to make                       10 17 CFR 200.30–3(a)(12).
                                                    8 15 U.S.C. 78s(b)(3)(A)(ii).                          available publicly. All submissions                     1 15 U.S.C. 78s(b)(1).
                                                    9 17 CFR 240.19b–4(f)(2).                              should refer to File Number SR–MIAX–                    2 17 CFR 240.19b–4.




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Document Created: 2016-02-13 03:13:43
Document Modified: 2016-02-13 03:13:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 7877 

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