81_FR_79297 81 FR 79079 - 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 79079 - 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 218 (November 10, 2016)

Page Range79079-79080
FR Document2016-27155

Federal Register, Volume 81 Issue 218 (Thursday, November 10, 2016)
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Pages 79079-79080]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27155]



[[Page 79079]]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79246; File No. SR-MIAX-2016-41]


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

November 4, 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 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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'') to delete rule text concerning certain 
transaction fees of limited duration that expire on October 31, 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 is proposing to delete rule text concerning certain 
transaction fees of limited duration that expire on October 31, 2016. 
Since the Exchange is not proposing to extend the duration of such 
fees, the fees automatically expire and the associated rule text 
becomes obsolete after October 31, 2016. There are three (3) limited 
duration transaction fees that are expiring on October 31, 2016. The 
first such fee is the $0.12 per contract Posted Liquidity Marketing Fee 
(described below) applicable to options overlying EEM, GLD, IWM, QQQ 
and SPY (the ``designated symbols''), as listed in the Fee Schedule. 
The second such fee is the $0.50 per contract transaction fee 
applicable to orders executed for the account of non-MIAX market makers 
in options overlying the designated symbols. The third such fee is the 
discounted $0.48 per contract transaction fee applicable to orders 
executed for the account of non-MIAX market makers in options overlying 
the designated symbols applicable to any Member or its Affiliate that 
qualifies for the Priority Customer Rebate Program (``PCRP'') Volume 
Tier 3 or Higher, as discussed below.
    First, Marketing Fees are currently assessed on certain 
transactions of all MIAX Market Makers.\3\ Currently, Section (1)(b) of 
the Fee Schedule provides that the Exchange will assess a Marketing Fee 
to all Market Makers for contracts, including mini options, they 
execute in their assigned classes in simple or complex order executions 
when the contra-party to the execution is a Priority Customer. The 
Marketing Fee in complex order executions will be assessed per contract 
(whether the transaction executes in a strategy match, complex auction, 
or by legging into the Book). MIAX does not assess a Marketing Fee to 
Market Makers for contracts executed as a PRIME Agency Order, Contra-
side Order, Qualified Contingent Cross Order, PRIME Participating Quote 
or Order, or a PRIME AOC Response in the PRIME Auction, unless it 
executes against an unrelated order.
---------------------------------------------------------------------------

    \3\ See Fee Schedule, Section (1)(b), entitled ``Marketing Fee'' 
for more detail regarding the Marketing Fee.
---------------------------------------------------------------------------

    The Exchange also currently assesses, for a limited duration (for 
transactions that occur on or after September 1, 2016 and extending 
through October 31, 2016), in simple order executions, an additional 
$0.12 per contract Posted Liquidity Marketing Fee to all Market Makers 
for any standard options overlying the designated symbols that Market 
Makers execute in their assigned class when the contra-party to the 
execution is a Priority Customer and the Priority Customer order was 
posted on the MIAX Book at the time of the execution.\4\ Since the 
Exchange is not proposing to extend the duration of the additional 
$0.12 per contract fee, such fee automatically expires and the 
associated rule text becomes obsolete after October 31, 2016. 
Accordingly, the Exchange is deleting the associated rule text 
regarding the Posted Liquidity Marketing Fee in Section (1)(b) and 
footnote 15. As a result of the deletion of footnote 15, all subsequent 
footnotes in Fee Schedule have been renumbered.
---------------------------------------------------------------------------

    \4\ For a complete description of the Posted Liquidity Marketing 
Fee, see Securities Exchange Act Release No. 73848 (December 16, 
2014), 79 FR 76421 (December 22, 2014) (SR-MIAX-2014-62); see also 
Securities Exchange Act Release No. 78781 (September 7, 2016), 81 FR 
62942 (September 13, 2016) (SR-MIAX-2016-30).
---------------------------------------------------------------------------

    Second, the Exchange currently assesses transaction fees on Members 
for orders that are executed for the account of non-MIAX market 
makers.\5\ Currently, Section (1)(a)(ii) of the Fee Schedule provides 
that the Exchange will assess a $0.47 per contract transaction fee for 
simple and complex order executions for the account of non-MIAX market 
makers in standard options that are in the Penny Pilot Program.\6\ 
However, for a limited duration (for transactions that occur on or 
after September 1, 2016 and extending through October 31, 2016), for 
any standard options overlying the designated symbols, the Exchange 
assesses a $0.50 per contract transaction fee (in lieu of the $0.47 per 
contract transaction fee) for simple order executions for the account 
of non-MIAX market makers in standard options that are in the Penny 
Pilot Program. Since the Exchange is not proposing to extend the 
duration of the $0.50 per contract transaction fee, such fee 
automatically expires and the associated rule text becomes obsolete 
after October 31, 2016. Accordingly, the Exchange is deleting the 
associated rule text in footnote 8 to the Fee Schedule. If, however, a 
Member or its Affiliate qualifies for the PCRP Volume Tier 3 or Higher, 
such Member is currently assessed a

[[Page 79080]]

discounted transaction fee. Pursuant to footnote 8 of the Fee Schedule, 
for a Member in the PCRP, the Exchange will assess a $0.45 per contract 
transaction fee for simple and complex order executions for the account 
of non-MIAX market makers in standard options that are in the Penny 
Pilot Program. However, for a limited duration (for transactions that 
occur on or after September 1, 2016 and extending through October 31, 
2016), for any standard options overlying the designated symbols, the 
Exchange assesses a $0.48 per contract transaction fee (in lieu of the 
$0.45 per contract transaction fee) for simple order executions for the 
account of non-MIAX market makers in standard options that are in the 
Penny Pilot Program. Since the Exchange is not proposing to extend the 
duration of the $0.48 per contract transaction fee, such fee 
automatically expires and the associated rule text becomes obsolete 
after October 31, 2016. Accordingly, the Exchange is deleting the 
associated rule text in footnote 8 to the Fee Schedule.
---------------------------------------------------------------------------

    \5\ A non-MIAX market maker is a market maker registered as such 
on another options exchange. See the table under Section (1)(a)(ii) 
of the Fee Schedule.
    \6\ See Securities Exchange Act Release No. 72988 (September 4, 
2014), 79 FR 53808 (September 10, 2014) (SR-MIAX-2014-46).
---------------------------------------------------------------------------

    The Exchange is proposing that this rule change become operative 
November 1, 2016.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule 
is consistent with Section 6(b) of the Act \7\ in general, and furthers 
the objectives of Section 6(b)(4) of the Act \8\ in that it is an 
equitable allocation of reasonable dues, fees, and other charges among 
its Members and issuers and other persons using its facilities, and 
6(b)(5) of the Act,\9\ in that it is designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, to remove 
impediments to and perfect the mechanisms of a free and open market and 
a national market system and, in general, to protect investors and the 
public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
    \9\ 15 U.S.C. 78f(b)(1) and (b)(5).
---------------------------------------------------------------------------

    The proposed deletions of all rule text regarding the three (3) 
limited duration transaction fees that are expiring on October 31, 2016 
(the $0.12 per contract Posted Liquidity Marketing Fee in the 
designated symbols; the $0.50 per contract transaction fee applicable 
to orders executed for the account of non-MIAX market makers in the 
designated symbols; and the discounted $0.48 per contract transaction 
fee applicable to orders executed for the account of non-MIAX market 
makers in options overlying in the designated symbols applicable to any 
Member or its Affiliate that qualifies for the PCRP Volume Tier 3 or 
Higher) are fair, equitable, and not unreasonably discriminatory 
because such fees are no longer in effect after October 31, 2016, and 
the corresponding rule text is therefore obsolete and unnecessary to 
remain in the Fee Schedule.

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act.
    The Exchange notes that it operates in a highly competitive market 
in which market participants can readily favor competing venues if they 
deem fee levels at a particular venue to be excessive. In such an 
environment, the Exchange must continually adjust its fees to remain 
competitive with other exchanges and to attract order flow to the 
Exchange. The Exchange believes that the proposed rule change reflects 
this competitive environment because it applies equally to all 
similarly situated MIAX participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act,\10\ and Rule 19b-4(f)(2)\11\ 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 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-2016-41 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2016-41. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-MIAX-2016-41, and should be 
submitted on or before December 1, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-27155 Filed 11-9-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices                                                   79079

                                                    SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                     2016), in simple order executions, an
                                                    COMMISSION                                               Statement of the Purpose of, and                      additional $0.12 per contract Posted
                                                                                                             Statutory Basis for, the Proposed Rule                Liquidity Marketing Fee to all Market
                                                    [Release No. 34–79246; File No. SR–MIAX–                 Change                                                Makers for any standard options
                                                    2016–41]
                                                                                                                                                                   overlying the designated symbols that
                                                                                                             1. Purpose                                            Market Makers execute in their assigned
                                                    Self-Regulatory Organizations; Miami                        The Exchange is proposing to delete                class when the contra-party to the
                                                                                                             rule text concerning certain transaction              execution is a Priority Customer and the
                                                    International Securities Exchange LLC;
                                                                                                             fees of limited duration that expire on               Priority Customer order was posted on
                                                    Notice of Filing and Immediate
                                                                                                             October 31, 2016. Since the Exchange is               the MIAX Book at the time of the
                                                    Effectiveness of a Proposed Rule
                                                                                                             not proposing to extend the duration of               execution.4 Since the Exchange is not
                                                    Change To Amend Its Fee Schedule                         such fees, the fees automatically expire              proposing to extend the duration of the
                                                    November 4, 2016.                                        and the associated rule text becomes                  additional $0.12 per contract fee, such
                                                                                                             obsolete after October 31, 2016. There                fee automatically expires and the
                                                       Pursuant to the provisions of Section                 are three (3) limited duration                        associated rule text becomes obsolete
                                                    19(b)(1) of the Securities Exchange Act                  transaction fees that are expiring on                 after October 31, 2016. Accordingly, the
                                                    of 1934 (‘‘Act’’),1 and Rule 19b–4                       October 31, 2016. The first such fee is               Exchange is deleting the associated rule
                                                    thereunder,2 notice is hereby given that                 the $0.12 per contract Posted Liquidity               text regarding the Posted Liquidity
                                                    on October 27, 2016, Miami                               Marketing Fee (described below)                       Marketing Fee in Section (1)(b) and
                                                    International Securities Exchange LLC                    applicable to options overlying EEM,                  footnote 15. As a result of the deletion
                                                    (‘‘MIAX’’ or ‘‘Exchange’’) filed with the                GLD, IWM, QQQ and SPY (the                            of footnote 15, all subsequent footnotes
                                                    Securities and Exchange Commission                       ‘‘designated symbols’’), as listed in the             in Fee Schedule have been renumbered.
                                                    (‘‘Commission’’) a proposed rule change                  Fee Schedule. The second such fee is                     Second, the Exchange currently
                                                    as described in Items I, II, and III below,              the $0.50 per contract transaction fee                assesses transaction fees on Members for
                                                    which Items have been prepared by the                    applicable to orders executed for the                 orders that are executed for the account
                                                    Exchange. The Commission is                              account of non-MIAX market makers in                  of non-MIAX market makers.5
                                                    publishing this notice to solicit                        options overlying the designated                      Currently, Section (1)(a)(ii) of the Fee
                                                    comments on the proposed rule change                     symbols. The third such fee is the                    Schedule provides that the Exchange
                                                    from interested persons.                                 discounted $0.48 per contract                         will assess a $0.47 per contract
                                                                                                             transaction fee applicable to orders                  transaction fee for simple and complex
                                                    I. Self-Regulatory Organization’s                        executed for the account of non-MIAX                  order executions for the account of non-
                                                    Statement of the Terms of Substance of                   market makers in options overlying the                MIAX market makers in standard
                                                    the Proposed Rule Change                                 designated symbols applicable to any                  options that are in the Penny Pilot
                                                                                                             Member or its Affiliate that qualifies for            Program.6 However, for a limited
                                                       The Exchange is filing a proposal to                  the Priority Customer Rebate Program                  duration (for transactions that occur on
                                                    amend the MIAX Options Fee Schedule                      (‘‘PCRP’’) Volume Tier 3 or Higher, as                or after September 1, 2016 and
                                                    (the ‘‘Fee Schedule’’) to delete rule text               discussed below.                                      extending through October 31, 2016), for
                                                    concerning certain transaction fees of                      First, Marketing Fees are currently                any standard options overlying the
                                                    limited duration that expire on October                  assessed on certain transactions of all               designated symbols, the Exchange
                                                    31, 2016.                                                MIAX Market Makers.3 Currently,                       assesses a $0.50 per contract transaction
                                                       The text of the proposed rule change                  Section (1)(b) of the Fee Schedule                    fee (in lieu of the $0.47 per contract
                                                    is available on the Exchange’s Web site                  provides that the Exchange will assess                transaction fee) for simple order
                                                    at http://www.miaxoptions.com/filter/                    a Marketing Fee to all Market Makers for              executions for the account of non-MIAX
                                                    wotitle/rule_filing, at MIAX’s principal                 contracts, including mini options, they               market makers in standard options that
                                                                                                             execute in their assigned classes in                  are in the Penny Pilot Program. Since
                                                    office, and at the Commission’s Public
                                                                                                             simple or complex order executions                    the Exchange is not proposing to extend
                                                    Reference Room.
                                                                                                             when the contra-party to the execution                the duration of the $0.50 per contract
                                                    II. Self-Regulatory Organization’s                       is a Priority Customer. The Marketing                 transaction fee, such fee automatically
                                                    Statement of the Purpose of, and                         Fee in complex order executions will be               expires and the associated rule text
                                                    Statutory Basis for, the Proposed Rule                   assessed per contract (whether the                    becomes obsolete after October 31, 2016.
                                                    Change                                                   transaction executes in a strategy match,             Accordingly, the Exchange is deleting
                                                                                                             complex auction, or by legging into the               the associated rule text in footnote 8 to
                                                      In its filing with the Commission, the                 Book). MIAX does not assess a                         the Fee Schedule. If, however, a
                                                    Exchange included statements                             Marketing Fee to Market Makers for                    Member or its Affiliate qualifies for the
                                                    concerning the purpose of and basis for                  contracts executed as a PRIME Agency                  PCRP Volume Tier 3 or Higher, such
                                                    the proposed rule change and discussed                   Order, Contra-side Order, Qualified                   Member is currently assessed a
                                                    any comments it received on the                          Contingent Cross Order, PRIME
                                                    proposed rule change. The text of these                  Participating Quote or Order, or a                      4 For a complete description of the Posted

                                                                                                             PRIME AOC Response in the PRIME                       Liquidity Marketing Fee, see Securities Exchange
                                                    statements may be examined at the                                                                              Act Release No. 73848 (December 16, 2014), 79 FR
                                                    places specified in Item IV below. The                   Auction, unless it executes against an                76421 (December 22, 2014) (SR–MIAX–2014–62);
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Exchange has prepared summaries, set                     unrelated order.                                      see also Securities Exchange Act Release No. 78781
                                                    forth in sections A, B, and C below, of                     The Exchange also currently assesses,              (September 7, 2016), 81 FR 62942 (September 13,
                                                                                                             for a limited duration (for transactions              2016) (SR–MIAX–2016–30).
                                                    the most significant aspects of such                                                                             5 A non-MIAX market maker is a market maker

                                                    statements.                                              that occur on or after September 1, 2016              registered as such on another options exchange. See
                                                                                                             and extending through October 31,                     the table under Section (1)(a)(ii) of the Fee
                                                                                                                                                                   Schedule.
                                                                                                               3 See Fee Schedule, Section (1)(b), entitled          6 See Securities Exchange Act Release No. 72988
                                                      1 15 U.S.C. 78s(b)(1).                                 ‘‘Marketing Fee’’ for more detail regarding the       (September 4, 2014), 79 FR 53808 (September 10,
                                                      2 17 CFR 240.19b–4.                                    Marketing Fee.                                        2014) (SR–MIAX–2014–46).



                                               VerDate Sep<11>2014    17:46 Nov 09, 2016   Jkt 241001   PO 00000   Frm 00113   Fmt 4703   Sfmt 4703   E:\FR\FM\10NON1.SGM   10NON1


                                                    79080                      Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices

                                                    discounted transaction fee. Pursuant to                  MIAX market makers in options                          including whether the proposed rule
                                                    footnote 8 of the Fee Schedule, for a                    overlying in the designated symbols                    change is consistent with the Act.
                                                    Member in the PCRP, the Exchange will                    applicable to any Member or its Affiliate              Comments may be submitted by any of
                                                    assess a $0.45 per contract transaction                  that qualifies for the PCRP Volume Tier                the following methods:
                                                    fee for simple and complex order                         3 or Higher) are fair, equitable, and not
                                                    executions for the account of non-MIAX                                                                          Electronic comments
                                                                                                             unreasonably discriminatory because
                                                    market makers in standard options that                   such fees are no longer in effect after                  • Use the Commission’s Internet
                                                    are in the Penny Pilot Program.                          October 31, 2016, and the corresponding                comment form (http://www.sec.gov/
                                                    However, for a limited duration (for                     rule text is therefore obsolete and                    rules/sro.shtml); or
                                                    transactions that occur on or after                      unnecessary to remain in the Fee
                                                    September 1, 2016 and extending                          Schedule.                                                • Send an email to rule-comments@
                                                    through October 31, 2016), for any                                                                              sec.gov. Please include File Number SR–
                                                    standard options overlying the                           B. Self-Regulatory Organization’s                      MIAX–2016–41 on the subject line.
                                                    designated symbols, the Exchange                         Statement on Burden on Competition
                                                                                                                                                                    Paper Comments
                                                    assesses a $0.48 per contract transaction                  The Exchange does not believe that
                                                    fee (in lieu of the $0.45 per contract                   the proposed rule change will result in                  • Send paper comments in triplicate
                                                    transaction fee) for simple order                        any burden on competition that is not                  to Brent J. Fields, Secretary, Securities
                                                    executions for the account of non-MIAX                   necessary or appropriate in furtherance                and Exchange Commission, 100 F Street
                                                    market makers in standard options that                   of the purposes of the Act.                            NE., Washington, DC 20549–1090.
                                                    are in the Penny Pilot Program. Since                      The Exchange notes that it operates in
                                                                                                             a highly competitive market in which                   All submissions should refer to File
                                                    the Exchange is not proposing to extend
                                                                                                             market participants can readily favor                  Number SR–MIAX–2016–41. This file
                                                    the duration of the $0.48 per contract
                                                                                                             competing venues if they deem fee                      number should be included on the
                                                    transaction fee, such fee automatically
                                                                                                             levels at a particular venue to be                     subject line if email is used. To help the
                                                    expires and the associated rule text
                                                                                                             excessive. In such an environment, the                 Commission process and review your
                                                    becomes obsolete after October 31, 2016.
                                                                                                             Exchange must continually adjust its                   comments more efficiently, please use
                                                    Accordingly, the Exchange is deleting
                                                                                                             fees to remain competitive with other                  only one method. The Commission will
                                                    the associated rule text in footnote 8 to
                                                                                                             exchanges and to attract order flow to                 post all comments on the Commission’s
                                                    the Fee Schedule.
                                                       The Exchange is proposing that this                   the Exchange. The Exchange believes                    Internet Web site (http://www.sec.gov/
                                                    rule change become operative November                    that the proposed rule change reflects                 rules/sro.shtml). Copies of the
                                                    1, 2016.                                                 this competitive environment because it                submission, all subsequent
                                                                                                             applies equally to all similarly situated              amendments, all written statements
                                                    2. Statutory Basis                                                                                              with respect to the proposed rule
                                                                                                             MIAX participants.
                                                       The Exchange believes that its                                                                               change that are filed with the
                                                    proposal to amend its Fee Schedule is                    C. Self-Regulatory Organization’s                      Commission, and all written
                                                    consistent with Section 6(b) of the Act 7                Statement on Comments on the                           communications relating to the
                                                    in general, and furthers the objectives of               Proposed Rule Change Received From                     proposed rule change between the
                                                    Section 6(b)(4) of the Act 8 in that it is               Members, Participants, or Others                       Commission and any person, other than
                                                    an equitable allocation of reasonable                      Written comments were neither                        those that may be withheld from the
                                                    dues, fees, and other charges among its                  solicited nor received.                                public in accordance with the
                                                    Members and issuers and other persons                                                                           provisions of 5 U.S.C. 552, will be
                                                    using its facilities, and 6(b)(5) of the                 III. Date of Effectiveness of the                      available for Web site viewing and
                                                    Act,9 in that it is designed to prevent                  Proposed Rule Change and Timing for                    printing in the Commission’s Public
                                                    fraudulent and manipulative acts and                     Commission Action                                      Reference Room, 100 F Street NE.,
                                                    practices, to promote just and equitable                    The foregoing rule change has become                Washington, DC 20549 on official
                                                    principles of trade, to foster cooperation               effective pursuant to Section                          business days between the hours of
                                                    and coordination with persons engaged                    19(b)(3)(A)(ii) of the Act,10 and Rule                 10:00 a.m. and 3:00 p.m. Copies of such
                                                    in facilitating transactions in securities,              19b–4(f)(2)11 thereunder. At any time                  filing also will be available for
                                                    to remove impediments to and perfect                     within 60 days of the filing of the                    inspection and copying at the principal
                                                    the mechanisms of a free and open                        proposed rule change, the Commission                   office of the Exchange. All comments
                                                    market and a national market system                      summarily may temporarily suspend                      received will be posted without change;
                                                    and, in general, to protect investors and                such rule change if it appears to the                  the Commission does not edit personal
                                                    the public interest.                                     Commission that such action is                         identifying information from
                                                       The proposed deletions of all rule text               necessary or appropriate in the public                 submissions. You should submit only
                                                    regarding the three (3) limited duration                 interest, for the protection of investors,             information that you wish to make
                                                    transaction fees that are expiring on                    or otherwise in furtherance of the                     available publicly. All submissions
                                                    October 31, 2016 (the $0.12 per contract                 purposes of the Act. If the Commission                 should refer to File Number SR–MIAX–
                                                    Posted Liquidity Marketing Fee in the                    takes such action, the Commission shall                2016–41, and should be submitted on or
                                                    designated symbols; the $0.50 per                        institute proceedings to determine                     before December 1, 2016.
                                                    contract transaction fee applicable to                   whether the proposed rule should be                      For the Commission, by the Division of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    orders executed for the account of non-                  approved or disapproved.                               Trading and Markets, pursuant to delegated
                                                    MIAX market makers in the designated                                                                            authority.12
                                                    symbols; and the discounted $0.48 per                    IV. Solicitation of Comments
                                                                                                                                                                    Brent J. Fields,
                                                    contract transaction fee applicable to                     Interested persons are invited to
                                                                                                                                                                    Secretary.
                                                    orders executed for the account of non-                  submit written data, views, and
                                                                                                                                                                    [FR Doc. 2016–27155 Filed 11–9–16; 8:45 am]
                                                                                                             arguments concerning the foregoing,
                                                      7 15 U.S.C. 78f(b).                                                                                           BILLING CODE 8011–01–P
                                                      8 15 U.S.C. 78f(b)(4).                                   10 15 U.S.C. 78s(b)(3)(A)(ii).
                                                      9 15 U.S.C. 78f(b)(1) and (b)(5).                        11 17 CFR 240.19b–4(f)(2).                             12 17   CFR 200.30–3(a)(12).



                                               VerDate Sep<11>2014    17:46 Nov 09, 2016   Jkt 241001   PO 00000   Frm 00114   Fmt 4703    Sfmt 9990   E:\FR\FM\10NON1.SGM     10NON1



Document Created: 2016-11-10 01:44:05
Document Modified: 2016-11-10 01:44:05
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 79079 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR