82_FR_13944 82 FR 13895 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Fee Schedule Relating to the Professional Rebate Program

82 FR 13895 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Fee Schedule Relating to the Professional Rebate Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 49 (March 15, 2017)

Page Range13895-13897
FR Document2017-05091

Federal Register, Volume 82 Issue 49 (Wednesday, March 15, 2017)
[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Notices]
[Pages 13895-13897]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05091]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80190; File No. SR-MIAX-2017-11]


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

March 9, 2017.
    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 February 28, 2017, Miami International 
Securities Exchange LLC (``MIAX Options'' 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'').
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/rule-filings, 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fee Schedule to make adjustments 
to its Professional Rebate Program (the ``Program''). Under the 
Program, which is set forth in Section (1)(a)(iv) of the Fee Schedule, 
the Exchange credits each Member \3\ a per contract amount resulting 
from any contracts executed from an order submitted by that Member for 
the account of a: (i) Public

[[Page 13896]]

Customer \4\ that is not a Priority Customer; \5\ (ii) non-MIAX Options 
Market Maker; \6\ (iii) non-Member Broker-Dealer; or (iv) Firm \7\ 
(each, a ``Professional''), which is executed electronically on the 
Exchange in all multiply-listed option classes (excluding, in simple or 
complex as applicable, 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 Options Rule 1400 (collectively, ``Excluded Contracts'')), 
provided the Member achieves certain Professional volume increase 
percentage thresholds in the month relative to a baseline period.
---------------------------------------------------------------------------

    \3\ The term ``Member'' means an individual or organization 
approved to exercise the trading rights associated with a Trading 
Permit. Members are deemed ``members'' under the Exchange Act. See 
Exchange Rule 100.
    \4\ The term ``Public Customer'' means a person that is not a 
broker or dealer in securities. See Exchange Rule 100.
    \5\ ``Priority Customer'' means a person or entity that (i) is 
not a broker or dealer in securities, and (ii) does not place more 
than 390 orders in listed options per day on average during a 
calendar month for its own beneficial accounts(s). See Exchange Rule 
100, including Interpretations and Policies .01.
    \6\ The term ``Market Makers'' refers to Lead Market Makers 
(``LMMs''), Primary Lead Market Makers (``PLMMs''), and Registered 
Market Makers (``RMMs'') collectively. See Exchange Rule 100. A 
Directed Order Lead Market Maker (``DLMM'') and Directed Primary 
Lead Market Maker (``DPLMM'') is a party to a transaction being 
allocated to the LMM or PLMM and is the result of an order that has 
been directed to the LMM or PLMM. See Fee Schedule note 2.
    \7\ A ``Firm'' fee is assessed on a MIAX Electronic Exchange 
Member ``EEM'' that enters an order that is executed for an account 
identified by the EEM for clearing in the Options Clearing 
Corporation (``OCC'') ``Firm'' range. See Fee Schedule, Section 
(1)(a)ii.
---------------------------------------------------------------------------

    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 Options (not including Excluded 
Contracts) during a particular month, as a percentage of the total 
volume reported by OCC in MIAX Options 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 
Options (not including Excluded Contracts) during the fourth quarter of 
2015 as a percentage of the total volume reported by OCC in MIAX 
Options classes during the fourth quarter of 2015 (the ``Baseline 
Percentage''). For Members who did not execute contracts for the 
account(s) of a Professional during the fourth quarter of 2015, the 
Exchange currently assigns such Member a Baseline Percentage of .03%. 
The Member's percentage increase is calculated as the Current 
Percentage less the Baseline Percentage. Members receive rebates for 
contracts that they submit on behalf of a Professional(s) that are 
executed within a particular percentage tier based upon that percentage 
tier only, and do not receive rebates for such contracts that apply to 
any other tier.
    The purpose of the Program is to encourage Members to direct 
greater Professional order flow to the Exchange. Increased Professional 
order flow provides 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 fee programs,\8\ 
and customer posting incentive programs,\9\ are based on attracting 
public customer order flow.\10\
---------------------------------------------------------------------------

    \8\ See MIAX Fee Schedule, Section 1(b).
    \9\ See NYSE Arca, Inc. Fees Schedule, page 4 (section titled 
``Customer Monthly Posting Credit Tiers and Qualifications for 
Executions in Penny Pilot Issues'').
    \10\ For a complete description of the Program, see Securities 
Exchange Act Release Nos. 77097 (February 9, 2016), 81 FR 7877 
(February 16, 2016) (SR-MIAX-2016-05); 77777 (May 6, 2016), 81 FR 
29603 (May 12, 2016) (SR-MIAX-2016-09); 79157 (October 26, 2016), 81 
FR 75885 (November 1, 2016) (SR-MIAX-2016-38).
---------------------------------------------------------------------------

    The Exchange now proposes to adjust the method of calculating the 
Baseline Percentage, for purposes of determining whether the Member 
qualifies for rebates under the Program. Pursuant to the new 
calculation, the Baseline Percentage shall now be the greater of (x) 
total volume submitted by that Member and executed for the account(s) 
of a Professional on MIAX Options (not including Excluded Contracts) 
during the fourth quarter of 2015 as a percentage of the total volume 
reported by OCC in MIAX Options classes during the fourth quarter of 
2015, and (y) 0.065%. The Exchange also proposes to change the default 
Baseline Percentage (for Members who did not execute contracts for the 
account(s) of a Professional during the fourth quarter of 2015) to 
0.065%, so that it is consistent with the new calculation method.
    The purpose for making these adjustments is to update the Program 
to better reflect the Exchange's current operating environment and 
business strategy. It is intended to continue to incentivize Members to 
send a greater amount of Professional order flow to the Exchange so 
that they can achieve rebates under the Program, as adjusted and in 
line with current market conditions. The Baseline Percentage and other 
thresholds amounts contained in the Program were initially established 
over a year ago, and thus were based on the then-current business and 
economic conditions. The Exchange believes that a number of events have 
occurred and certain business factors have change since the 
establishment of the Program (including, but not limited to, the launch 
of complex orders on the Exchange), and thus the Exchange believes it 
is reasonable and appropriate to update the Program to align it with 
current economic conditions and business strategy. The Exchange notes 
that the Baseline Percentage definition is also used as a factor for 
determining whether a Member qualifies for certain additional credits 
under the Exchange's Priority Customer Rebate Program (``PCRP''), which 
is contained in Section (1)(a)(iii) of the Exchange's Fee Schedule, and 
the Exchange incorporated this indirect impact into its determination 
as well. As overall market conditions continue to evolve, the Exchange 
will continue to analyze and re-assess the calculation of the Baseline 
Percentage and other threshold amounts contained in the Program, and if 
its analysis justifies a further change, the Exchange will submit a 
proposed rule change reflecting this.
    The credits paid out as part of the program will be drawn from the 
general revenues of the Exchange.\11\ The proposed rule change is to 
take effect March 1, 2017.
---------------------------------------------------------------------------

    \11\ 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.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal to amend its fee schedule 
is consistent with Section 6(b) of the Act \12\ in general, and 
furthers the objectives of Section 6(b)(4) of the Act \13\ in 
particular, in that it is an equitable allocation of reasonable fees 
and other charges among Exchange members and other persons using its 
facilities.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to the Program are 
fair, equitable and not unreasonably discriminatory. The Program itself 
is reasonably designed because it encourages providers of Professional 
order flow to send that Professional order flow to the Exchange in 
order to receive credits, in a manner that enables the Exchange to 
improve its overall competitiveness and strengthen its market quality 
for all market participants. The proposed changes to the Program are 
fair and equitable and

[[Page 13897]]

not unreasonably discriminatory because they 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 proposed changes to the 
Program are 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 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,\14\ and Rule 19b-4(f)(2) \15\ 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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \15\ 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-2017-11 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-2017-11. 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-2017-11, and should be 
submitted on or before April 5, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05091 Filed 3-14-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Notices                                                     13895

                                                     INET trading system and is not designed                    All submissions should refer to File                   thereunder,2 notice is hereby given that
                                                     to have any significant competitive                        Number SR–ISEGemini–2017–09. This                      on February 28, 2017, Miami
                                                     impact. The Exchange operates in a                         file number should be included on the                  International Securities Exchange LLC
                                                     highly competitive market in which                         subject line if email is used. To help the             (‘‘MIAX Options’’ or ‘‘Exchange’’) filed
                                                     market participants can readily direct                     Commission process and review your                     with the Securities and Exchange
                                                     their order flow to competing venues. In                   comments more efficiently, please use                  Commission (‘‘Commission’’) a
                                                     such an environment, the Exchange                          only one method. The Commission will                   proposed rule change as described in
                                                     must continually review, and consider                      post all comments on the Commission’s                  Items I, II, and III below, which Items
                                                     adjusting, its fees and rebates to remain                  Internet Web site (http://www.sec.gov/                 have been prepared by the Exchange.
                                                     competitive with other exchanges. For                      rules/sro.shtml). Copies of the                        The Commission is publishing this
                                                     the reasons described above, the                           submission, all subsequent                             notice to solicit comments on the
                                                     Exchange believes that the proposed fee                    amendments, all written statements                     proposed rule change from interested
                                                     changes reflect this competitive                           with respect to the proposed rule                      persons.
                                                     environment.                                               change that are filed with the
                                                                                                                Commission, and all written                            I. Self-Regulatory Organization’s
                                                     C. Self-Regulatory Organization’s
                                                                                                                communications relating to the                         Statement of the Terms of Substance of
                                                     Statement on Comments on the
                                                                                                                proposed rule change between the                       the Proposed Rule Change
                                                     Proposed Rule Change Received From
                                                                                                                Commission and any person, other than
                                                     Members, Participants, or Others                                                                                     The Exchange is filing a proposal to
                                                                                                                those that may be withheld from the
                                                       No written comments were either                          public in accordance with the                          amend the MIAX Options Fee Schedule
                                                     solicited or received.                                     provisions of 5 U.S.C. 552, will be                    (the ‘‘Fee Schedule’’).
                                                                                                                available for Web site viewing and                        The text of the proposed rule change
                                                     III. Date of Effectiveness of the
                                                                                                                printing in the Commission’s Public                    is available on the Exchange’s Web site
                                                     Proposed Rule Change and Timing for
                                                                                                                Reference Room, 100 F Street NE.,                      at http://www.miaxoptions.com/rule-
                                                     Commission Action
                                                                                                                Washington, DC 20549, on official                      filings, at MIAX’s principal office, and
                                                        The foregoing rule change has become                    business days between the hours of                     at the Commission’s Public Reference
                                                     effective pursuant to Section                              10:00 a.m. and 3:00 p.m. Copies of the                 Room.
                                                     19(b)(3)(A)(ii) of the Act,13 and Rule                     filing also will be available for
                                                     19b–4(f)(2) 14 thereunder. At any time                     inspection and copying at the principal                II. Self-Regulatory Organization’s
                                                     within 60 days of the filing of the                        office of the Exchange. All comments                   Statement of the Purpose of, and
                                                     proposed rule change, the Commission                       received will be posted without change;                Statutory Basis for, the Proposed Rule
                                                     summarily may temporarily suspend                          the Commission does not edit personal                  Change
                                                     such rule change if it appears to the                      identifying information from
                                                     Commission that such action is: (i)                        submissions. You should submit only                      In its filing with the Commission, the
                                                     Necessary or appropriate in the public                     information that you wish to make                      Exchange included statements
                                                     interest; (ii) for the protection of                       available publicly. All submissions                    concerning the purpose of and basis for
                                                     investors; or (iii) otherwise in                           should refer to File Number SR–                        the proposed rule change and discussed
                                                     furtherance of the purposes of the Act.                    ISEGemini–2017–09 and should be                        any comments it received on the
                                                     If the Commission takes such action, the                   submitted on or before April 5, 2017.                  proposed rule change. The text of these
                                                     Commission shall institute proceedings                                                                            statements may be examined at the
                                                                                                                  For the Commission, by the Division of
                                                     to determine whether the proposed rule                     Trading and Markets, pursuant to delegated
                                                                                                                                                                       places specified in Item IV below. The
                                                     should be approved or disapproved.                         authority.15                                           Exchange has prepared summaries, set
                                                                                                                Eduardo A. Aleman,                                     forth in sections A, B, and C below, of
                                                     IV. Solicitation of Comments                                                                                      the most significant aspects of such
                                                                                                                Assistant Secretary.
                                                       Interested persons are invited to                                                                               statements.
                                                                                                                [FR Doc. 2017–05085 Filed 3–14–17; 8:45 am]
                                                     submit written data, views, and                            BILLING CODE 8011–01–P                                 A. Self-Regulatory Organization’s
                                                     arguments concerning the foregoing,                                                                               Statement of the Purpose of, and the
                                                     including whether the proposed rule                                                                               Statutory Basis for, the Proposed Rule
                                                     change is consistent with the Act.                         SECURITIES AND EXCHANGE                                Change
                                                     Comments may be submitted by any of                        COMMISSION
                                                     the following methods:                                                                                            1. Purpose
                                                                                                                [Release No. 34–80190; File No. SR–MIAX–
                                                     Electronic Comments                                        2017–11]                                                  The Exchange proposes to amend its
                                                       • Use the Commission’s Internet                                                                                 Fee Schedule to make adjustments to its
                                                     comment form (http://www.sec.gov/                          Self-Regulatory Organizations; Miami                   Professional Rebate Program (the
                                                     rules/sro.shtml); or                                       International Securities Exchange LLC;                 ‘‘Program’’). Under the Program, which
                                                                                                                Notice of Filing and Immediate                         is set forth in Section (1)(a)(iv) of the
                                                       • Send an email to rule-comments@                        Effectiveness of Proposed Rule
                                                     sec.gov. Please include File Number SR–                                                                           Fee Schedule, the Exchange credits each
                                                                                                                Change To Amend Its Fee Schedule                       Member 3 a per contract amount
                                                     ISEGemini–2017–09 on the subject line.                     Relating to the Professional Rebate                    resulting from any contracts executed
asabaliauskas on DSK3SPTVN1PROD with NOTICES2




                                                     Paper Comments                                             Program                                                from an order submitted by that Member
                                                       • Send paper comments in triplicate                      March 9, 2017.                                         for the account of a: (i) Public
                                                     to Secretary, Securities and Exchange                        Pursuant to the provisions of Section
                                                     Commission, 100 F Street NE.,                              19(b)(1) of the Securities Exchange Act                  2 17CFR 240.19b–4.
                                                                                                                                                                         3 The term ‘‘Member’’ means an individual or
                                                     Washington, DC 20549–1090.                                 of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                                                                                                                                       organization approved to exercise the trading rights
                                                                                                                                                                       associated with a Trading Permit. Members are
                                                       13 15   U.S.C. 78s(b)(3)(A)(ii).                           15 17   CFR 200.30–3(a)(12).                         deemed ‘‘members’’ under the Exchange Act. See
                                                       14 17   CFR 240.19b–4(f)(2).                               1 15   U.S.C. 78s(b)(1).                             Exchange Rule 100.



                                                VerDate Sep<11>2014      18:19 Mar 14, 2017   Jkt 241001   PO 00000   Frm 00108    Fmt 4703   Sfmt 4703   E:\FR\FM\15MRN1.SGM    15MRN1


                                                     13896                       Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Notices

                                                     Customer 4 that is not a Priority                       increase is calculated as the Current                 over a year ago, and thus were based on
                                                     Customer; 5 (ii) non-MIAX Options                       Percentage less the Baseline Percentage.              the then-current business and economic
                                                     Market Maker; 6 (iii) non-Member                        Members receive rebates for contracts                 conditions. The Exchange believes that
                                                     Broker-Dealer; or (iv) Firm 7 (each, a                  that they submit on behalf of a                       a number of events have occurred and
                                                     ‘‘Professional’’), which is executed                    Professional(s) that are executed within              certain business factors have change
                                                     electronically on the Exchange in all                   a particular percentage tier based upon               since the establishment of the Program
                                                     multiply-listed option classes                          that percentage tier only, and do not                 (including, but not limited to, the
                                                     (excluding, in simple or complex as                     receive rebates for such contracts that               launch of complex orders on the
                                                     applicable, mini-options, non-Priority                  apply to any other tier.                              Exchange), and thus the Exchange
                                                     Customer-to-non-Priority Customer                          The purpose of the Program is to                   believes it is reasonable and appropriate
                                                     orders, QCC orders, PRIME orders,                       encourage Members to direct greater                   to update the Program to align it with
                                                     PRIME AOC responses, PRIME contra-                      Professional order flow to the Exchange.              current economic conditions and
                                                     side orders, and executions related to                  Increased Professional order flow                     business strategy. The Exchange notes
                                                     contracts that are routed to one or more                provides for greater liquidity, which                 that the Baseline Percentage definition
                                                     exchanges in connection with the                        benefits all market participants. The                 is also used as a factor for determining
                                                     Options Order Protection and Locked/                    practice of incentivizing increased retail            whether a Member qualifies for certain
                                                     Crossed Market Plan referenced in                       customer order flow in order to attract               additional credits under the Exchange’s
                                                     MIAX Options Rule 1400 (collectively,                   liquidity is, and has been, commonly                  Priority Customer Rebate Program
                                                     ‘‘Excluded Contracts’’)), provided the                  practiced in the options markets. As                  (‘‘PCRP’’), which is contained in Section
                                                     Member achieves certain Professional                    such, marketing fee programs,8 and                    (1)(a)(iii) of the Exchange’s Fee
                                                     volume increase percentage thresholds                   customer posting incentive programs,9                 Schedule, and the Exchange
                                                     in the month relative to a baseline                     are based on attracting public customer               incorporated this indirect impact into
                                                     period.                                                 order flow.10                                         its determination as well. As overall
                                                        The percentage thresholds in each tier                  The Exchange now proposes to adjust                market conditions continue to evolve,
                                                     are based upon the increase in the total                the method of calculating the Baseline                the Exchange will continue to analyze
                                                     volume submitted by a Member and                        Percentage, for purposes of determining               and re-assess the calculation of the
                                                     executed for the account(s) of a                        whether the Member qualifies for                      Baseline Percentage and other threshold
                                                     Professional on MIAX Options (not                       rebates under the Program. Pursuant to                amounts contained in the Program, and
                                                     including Excluded Contracts) during a                  the new calculation, the Baseline                     if its analysis justifies a further change,
                                                     particular month, as a percentage of the                Percentage shall now be the greater of                the Exchange will submit a proposed
                                                     total volume reported by OCC in MIAX                    (x) total volume submitted by that                    rule change reflecting this.
                                                     Options classes during the same month                   Member and executed for the account(s)                   The credits paid out as part of the
                                                     (the ‘‘Current Percentage’’), less the total            of a Professional on MIAX Options (not                program will be drawn from the general
                                                     volume submitted by that Member and                     including Excluded Contracts) during                  revenues of the Exchange.11 The
                                                     executed for the account(s) of a                        the fourth quarter of 2015 as a                       proposed rule change is to take effect
                                                     Professional on MIAX Options (not                       percentage of the total volume reported               March 1, 2017.
                                                     including Excluded Contracts) during                    by OCC in MIAX Options classes during
                                                                                                             the fourth quarter of 2015, and (y)                   2. Statutory Basis
                                                     the fourth quarter of 2015 as a
                                                     percentage of the total volume reported                 0.065%. The Exchange also proposes to                    The Exchange believes that its
                                                     by OCC in MIAX Options classes during                   change the default Baseline Percentage                proposal to amend its fee schedule is
                                                     the fourth quarter of 2015 (the ‘‘Baseline              (for Members who did not execute                      consistent with Section 6(b) of the Act 12
                                                     Percentage’’). For Members who did not                  contracts for the account(s) of a                     in general, and furthers the objectives of
                                                     execute contracts for the account(s) of a               Professional during the fourth quarter of             Section 6(b)(4) of the Act 13 in
                                                     Professional during the fourth quarter of               2015) to 0.065%, so that it is consistent             particular, in that it is an equitable
                                                     2015, the Exchange currently assigns                    with the new calculation method.                      allocation of reasonable fees and other
                                                     such Member a Baseline Percentage of                       The purpose for making these                       charges among Exchange members and
                                                     .03%. The Member’s percentage                           adjustments is to update the Program to               other persons using its facilities.
                                                                                                             better reflect the Exchange’s current                    The Exchange believes that the
                                                        4 The term ‘‘Public Customer’’ means a person        operating environment and business                    proposed changes to the Program are
                                                     that is not a broker or dealer in securities. See       strategy. It is intended to continue to               fair, equitable and not unreasonably
                                                     Exchange Rule 100.                                      incentivize Members to send a greater                 discriminatory. The Program itself is
                                                        5 ‘‘Priority Customer’’ means a person or entity
                                                                                                             amount of Professional order flow to the              reasonably designed because it
                                                     that (i) is not a broker or dealer in securities, and   Exchange so that they can achieve
                                                     (ii) does not place more than 390 orders in listed                                                            encourages providers of Professional
                                                     options per day on average during a calendar month      rebates under the Program, as adjusted                order flow to send that Professional
                                                     for its own beneficial accounts(s). See Exchange        and in line with current market                       order flow to the Exchange in order to
                                                     Rule 100, including Interpretations and Policies .01.   conditions. The Baseline Percentage and               receive credits, in a manner that enables
                                                        6 The term ‘‘Market Makers’’ refers to Lead Market
                                                                                                             other thresholds amounts contained in                 the Exchange to improve its overall
                                                     Makers (‘‘LMMs’’), Primary Lead Market Makers
                                                     (‘‘PLMMs’’), and Registered Market Makers
                                                                                                             the Program were initially established                competitiveness and strengthen its
                                                     (‘‘RMMs’’) collectively. See Exchange Rule 100. A                                                             market quality for all market
                                                                                                               8 See  MIAX Fee Schedule, Section 1(b).
                                                     Directed Order Lead Market Maker (‘‘DLMM’’) and                                                               participants. The proposed changes to
asabaliauskas on DSK3SPTVN1PROD with NOTICES2




                                                     Directed Primary Lead Market Maker (‘‘DPLMM’’) is         9 See  NYSE Arca, Inc. Fees Schedule, page 4
                                                     a party to a transaction being allocated to the LMM     (section titled ‘‘Customer Monthly Posting Credit
                                                                                                                                                                   the Program are fair and equitable and
                                                     or PLMM and is the result of an order that has been     Tiers and Qualifications for Executions in Penny
                                                                                                                                                                     11 Despite providing credits under the Program,
                                                     directed to the LMM or PLMM. See Fee Schedule           Pilot Issues’’).
                                                     note 2.                                                   10 For a complete description of the Program, see   the Exchange represents that it will continue to
                                                        7 A ‘‘Firm’’ fee is assessed on a MIAX Electronic    Securities Exchange Act Release Nos. 77097            have adequate resources to fund its regulatory
                                                     Exchange Member ‘‘EEM’’ that enters an order that       (February 9, 2016), 81 FR 7877 (February 16, 2016)    program and fulfill its responsibilities as a self-
                                                     is executed for an account identified by the EEM        (SR–MIAX–2016–05); 77777 (May 6, 2016), 81 FR         regulatory organization during the limited period
                                                     for clearing in the Options Clearing Corporation        29603 (May 12, 2016) (SR–MIAX–2016–09); 79157         that the Program will be in effect.
                                                                                                                                                                     12 15 U.S.C. 78f(b).
                                                     (‘‘OCC’’) ‘‘Firm’’ range. See Fee Schedule, Section     (October 26, 2016), 81 FR 75885 (November 1, 2016)
                                                     (1)(a)ii.                                               (SR–MIAX–2016–38).                                      13 15 U.S.C. 78f(b)(4).




                                                VerDate Sep<11>2014   18:19 Mar 14, 2017   Jkt 241001   PO 00000   Frm 00109   Fmt 4703   Sfmt 4703   E:\FR\FM\15MRN1.SGM   15MRN1


                                                                                 Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Notices                                                   13897

                                                     not unreasonably discriminatory                         transaction volume to the Exchange.                    only one method. The Commission will
                                                     because they apply equally to all                       Given the robust competition for                       post all comments on the Commission’s
                                                     Members submitting orders for the                       volume among options markets, many of                  Internet Web site (http://www.sec.gov/
                                                     account(s) of Professionals. All similarly              which offer the same products,                         rules/sro.shtml). Copies of the
                                                     situated Professional orders are subject                implementing a volume increase based                   submission, all subsequent
                                                     to the same rebate schedule, and access                 rebate program to attract order flow like              amendments, all written statements
                                                     to the Exchange is offered on terms that                the one being proposed in this filing is               with respect to the proposed rule
                                                     are not unfairly discriminatory. In                     consistent with the above-mentioned                    change that are filed with the
                                                     addition, the proposed changes to the                   goals of the Act.                                      Commission, and all written
                                                     Program are equitable and not unfairly                                                                         communications relating to the
                                                     discriminatory because, while only                      C. Self-Regulatory Organization’s                      proposed rule change between the
                                                     Professional order flow qualifies for the               Statement on Comments on the                           Commission and any person, other than
                                                     Program, an increase in Professional                    Proposed Rule Change Received From                     those that may be withheld from the
                                                     order flow will bring greater volume and                Members, Participants, or Others                       public in accordance with the
                                                     liquidity, which benefit all market                       Written comments were neither                        provisions of 5 U.S.C. 552, will be
                                                     participants by providing more trading                  solicited nor received.                                available for Web site viewing and
                                                     opportunities and tighter spreads.                                                                             printing in the Commission’s Public
                                                                                                             III. Date of Effectiveness of the
                                                     Similarly, offering increasing credits to                                                                      Reference Room, 100 F Street NE.,
                                                                                                             Proposed Rule Change and Timing for
                                                     Members for submitting and executing                                                                           Washington, DC 20549, on official
                                                                                                             Commission Action
                                                     higher percentages of total national                                                                           business days between the hours of
                                                     customer volume (increased credit rates                    The foregoing rule change has become                10:00 a.m. and 3:00 p.m. Copies of the
                                                     at increased volume tiers) is equitable                 effective pursuant to Section                          filing also will be available for
                                                     and not unfairly discriminatory because                 19(b)(3)(A)(ii) of the Act,14 and Rule                 inspection and copying at the principal
                                                     such increased rates and tiers encourage                19b–4(f)(2) 15 thereunder. At any time                 office of the Exchange. All comments
                                                     Members to direct increased amounts of                  within 60 days of the filing of the                    received will be posted without change;
                                                     Professional contracts to the Exchange.                 proposed rule change, the Commission                   the Commission does not edit personal
                                                                                                             summarily may temporarily suspend                      identifying information from
                                                     B. Self-Regulatory Organization’s
                                                                                                             such rule change if it appears to the                  submissions. You should submit only
                                                     Statement on Burden on Competition
                                                                                                             Commission that such action is                         information that you wish to make
                                                        The Exchange does not believe that                   necessary or appropriate in the public                 available publicly. All submissions
                                                     the proposed rule change will result in                 interest, for the protection of investors,             should refer to File Number SR–MIAX–
                                                     any burden on competition that is not                   or otherwise in furtherance of the                     2017–11, and should be submitted on or
                                                     necessary or appropriate in furtherance                 purposes of the Act. If the Commission                 before April 5, 2017.
                                                     of the purposes of the Act. The                         takes such action, the Commission shall                  For the Commission, by the Division of
                                                     Exchange believes that the proposed                     institute proceedings to determine                     Trading and Markets, pursuant to delegated
                                                     rule change would increase both                         whether the proposed rule should be                    authority.16
                                                     intermarket and intramarket                             approved or disapproved.                               Eduardo A. Aleman,
                                                     competition by incenting Members to                                                                            Assistant Secretary.
                                                     direct orders for the account(s) of                     IV. Solicitation of Comments
                                                                                                                                                                    [FR Doc. 2017–05091 Filed 3–14–17; 8:45 am]
                                                     Professionals to the Exchange, which                      Interested persons are invited to
                                                                                                                                                                    BILLING CODE 8011–01–P
                                                     should enhance the quality of the                       submit written data, views, and
                                                     Exchange’s markets and increase the                     arguments concerning the foregoing,
                                                     volume of contracts traded here. To the                 including whether the proposed rule                    SECURITIES AND EXCHANGE
                                                     extent that this purpose is achieved, all               change is consistent with the Act.                     COMMISSION
                                                     the Exchange’s market participants                      Comments may be submitted by any of
                                                     should benefit from the improved                        the following methods:                                 [Release No. 34–80186; File No. SR–Bats
                                                     market liquidity. Enhanced market                                                                              EDGX–2017–12]
                                                     quality and increased transaction                       Electronic Comments
                                                     volume that results from the anticipated                  • Use the Commission’s Internet                      Self-Regulatory Organizations; Bats
                                                     increase in order flow directed to the                  comment form (http://www.sec.gov/                      EDGX Exchange, Inc.; Notice of Filing
                                                     Exchange will benefit all market                                                                               and Immediate Effectiveness of a
                                                                                                             rules/sro.shtml); or
                                                     participants and improve competition                      • Send an email to rule-comments@                    Proposed Rule Change to Fees for Use
                                                     on the Exchange. The Exchange notes                     sec.gov. Please include File Number SR–                on Bats EDGX Exchange, Inc.
                                                     that it operates in a highly competitive                MIAX–2017–11 on the subject line.                      March 9, 2017.
                                                     market in which market participants can                                                                           Pursuant to Section 19(b)(1) of the
                                                     readily favor competing venues if they                  Paper Comments
                                                                                                                                                                    Securities Exchange Act of 1934 (the
                                                     deem fee levels at a particular venue to                  • Send paper comments in triplicate                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                     be excessive. In such an environment,                   to Secretary, Securities and Exchange                  notice is hereby given that on February
                                                     the Exchange must continually adjust its                Commission, 100 F Street NE.,                          28, 2017, Bats EDGX Exchange, Inc. (the
                                                     fees to remain competitive with other                   Washington, DC 20549–1090.                             ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
asabaliauskas on DSK3SPTVN1PROD with NOTICES2




                                                     exchanges and to attract order flow to                  All submissions should refer to File                   Securities and Exchange Commission
                                                     the Exchange. The Exchange believes                     Number SR–MIAX–2017–11. This file                      (‘‘Commission’’) the proposed rule
                                                     that the proposed rule change reflects                  number should be included on the                       change as described in Items I, II and III
                                                     this competitive environment because it                 subject line if email is used. To help the             below, which Items have been prepared
                                                     reduces the Exchange’s fees through                     Commission process and review your                     by the Exchange. The Exchange has
                                                     rebates in a manner that encourages                     comments more efficiently, please use
                                                     market participants to direct their                                                                              16 17 CFR 200.30–3(a)(12).
                                                     customer order flow, to provide                           14 15 U.S.C. 78s(b)(3)(A)(ii).                         1 15 U.S.C. 78s(b)(1).
                                                     liquidity, and to attract additional                      15 17 CFR 240.19b–4(f)(2).                             2 17 CFR 240.19b–4.




                                                VerDate Sep<11>2014   18:19 Mar 14, 2017   Jkt 241001   PO 00000   Frm 00110   Fmt 4703    Sfmt 4703   E:\FR\FM\15MRN1.SGM    15MRN1



Document Created: 2017-03-15 06:04:25
Document Modified: 2017-03-15 06:04:25
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 Citation82 FR 13895 

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