83 FR 8304 - 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 83, Issue 38 (February 26, 2018)
Federal Register Volume 83, Issue 38 (February 26, 2018)
| Page Range | 8304-8305 | |
| FR Document | 2018-03786 |
[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)] [Notices] [Pages 8304-8305] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03786] [[Page 8304]] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82740; File No. SR-MIAX-2018-04] Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule February 20, 2018. 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 9, 2018, Miami International Securities Exchange, LLC (``MIAX'' or ``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 (``Fee Schedule'') to change the application of a fee waiver relating to certain market data feed products. The text of the proposed rule change is available on the Exchange's website 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 Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend its Fee Schedule to change the application of a fee waiver relating to certain market data feed products offered by the Exchange--namely, the Exchange's Administrative Information Subscriber (``AIS'') market data feed, and the Exchange's Complex Top of Market (``cToM'') market data feed. When the Exchange first launched trading in complex orders in October 2016, the Exchange began offering its cToM market data feed.\3\ The cToM market data feed is complex order specific and is available to those who wish to subscribe to it. cToM provides subscribers with the same information as the ToM market data product (for the simple market), but it relates to the complex market of orders on the Strategy Book (i.e., the Exchange's best bid and offer for a complex strategy, known as the ``cMBBO,'' with aggregate size, based on displayable order and quoting interest in the complex strategy on the Exchange).\4\ Additionally, cToM provides subscribers with the identification of the complex strategies currently trading on MIAX Options; complex strategy last sale information; and the status of securities underlying the complex strategy (e.g., halted, open, or resumed). Since the launch of complex orders on the Exchange and the availability of cToM, and continuing through the present time, the Exchange has made the cToM market data feed available to subscribers free of charge. --------------------------------------------------------------------------- \3\ See Securities Exchange Act Release No. 79146 (October 24, 2016), 81 FR 75171 (October 28, 2016) (SR-MIAX-2016-36). \4\ For a complete description of ToM, see Securities Exchange Act Release No. 69007 (February 28, 2013), 78 FR 14617 (March 6, 2013) (SR-MIAX-2013-05). --------------------------------------------------------------------------- The Exchange began offering its AIS market data feed product in April 2013.\5\ The AIS market data feed currently includes administrative information for both simple and complex orders. The AIS market data feed includes, among other information, opening imbalance condition information; opening routing information; expanded quote range information; post-halt notification; and liquidity refresh condition information. The Exchange assesses a monthly fee of $1,250.00 for all AIS Internal Distributors and a monthly fee of $1,750.00 for all AIS External Distributors. However, the monthly fee for Distributors of AIS is waived if the Distributor also subscribes to ToM or cToM. Presently, the Exchange assesses a monthly fee of $1,250.00 for ToM Internal Distributors and a monthly fee of $1,750.00 for ToM External Distributors. As stated previously, the Exchange does not presently assess any fee on Internal or External Distributors of cToM. --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 69320 (April 5, 2013), 78 FR 21661 (April 11, 2013) (SR-MIAX-2013-13). --------------------------------------------------------------------------- As a result of the AIS fee waiver provision, a subscriber who only subscribes to AIS will be charged the AIS monthly fee ($1,250.00 for Internal Distributors and $1,750.00 for External Distributors). A subscriber who subscribes to both ToM and AIS will be charged the ToM monthly fee ($1,250.00 for Internal Distributors and $1,750.00 for External Distributors). However, a subscriber who subscribes to both cToM and AIS will be charged no fees. The Exchange did not intend for subscribers to receive the AIS feed for free as a result of receiving the cToM feed for free. Thus, until such time as the Exchange adopts a fee for cToM, the Exchange proposes to eliminate the fee waiver for subscribers to receive the AIS feed for free solely by receiving the cToM feed. The Exchange is not proposing to modify any other aspect of either the AIS market data feed product or the cToM market data feed product. The Exchange is solely eliminating the fee waiver for a subscriber of cToM, which is currently free, to also receive a subscription to AIS for free. Accordingly, effective with this change, a subscriber who wishes to subscribe to both cToM and AIS will be charged the AIS monthly fee ($1,250.00 for Internal Distributors and $1,750.00 for External Distributors). The Exchange initially filed the proposal on January 30, 2018 (SR- MIAX-2018-03). That filing was withdrawn and replaced with the current filing (SR-MIAX-2018-04). 2. Statutory Basis The Exchange believes that its proposal to amend its Fee Schedule is consistent with Section 6(b) \6\ of the Act in general, and furthers the objectives of Section 6(b)(4) \7\ of the Act, in that it is designed to provide for an equitable allocation of reasonable dues, fees and other charges among Exchange Members \8\ and other persons using its [[Page 8305]] facilities, because it applies equally to all Members and any persons using the facilities or services of the Exchange. The Exchange also believes that the proposal furthers the objectives of Section 6(b)(5) \9\ of the Act in particular, 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, and it is not designed to permit unfair discrimination among customers, brokers, or dealers. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(4). \8\ 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. \9\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed amendment to the application of a fee waiver relating to certain market data feed products offered by the Exchange--namely, the Exchange's AIS market data feed, and the Exchange's cToM market data feed--is reasonable, equitable, and not unfairly discriminatory. The proposal to eliminate the ability of a subscriber to subscribe to cToM (for free), to also subscribe to the AIS feed (for free), is designed to promote just and equitable principles of trade by providing MIAX Options participants with access to the same market data products with a reasonably designed fee structure and fee incentives. Because there is no charge to subscribe to the cToM market data feed, the Exchange believes that a subscription to cToM should not entitle a subscriber to receive for free, another market data feed product which, when subscribed to without the cToM market data feed, is fee liable. Furthermore, the proposed changes to the application of the fee waiver are fair and equitable and not unreasonably discriminatory because they apply equally to all MIAX Options participants as the market data feeds are available for purchase for all MIAX Options participants, and access to such market data is offered on terms that are not unfairly discriminatory. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The Exchange believes that the proposed rule change would promote transparency by providing MIAX Options participants with access to the same market data products with a reasonably designed fee structure and fee incentives. Because there is no charge to subscribe to the cToM market data feed, the Exchange believes that a subscription to cToM should not entitle a subscriber to receive for free, another market data feed product which, when subscribed to without the cToM market data feed, is fee liable. Additionally, respecting intra-market competition, the value-added features relating to complex orders in the [sic] either the AIS feed or the cToM market data product are available to all subscribers, thus providing all subscribers to the data products with an even playing field with respect to information and access to trade complex orders on MIAX Options. 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 and fee waivers to remain competitive with other exchanges and to attract order flow to the Exchange. 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 CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to rule-comments@sec.gov. Please include File Number SR-MIAX-2018-04 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-2018-04. 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 website (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 website 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. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-MIAX-2018-04 and should be submitted on or before March 19, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\12\ --------------------------------------------------------------------------- \12\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-03786 Filed 2-23-18; 8:45 am] BILLING CODE 8011-01-P
![8304 Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Notices
SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Distributors. However, the monthly fee
COMMISSION Statement of the Purpose of, and for Distributors of AIS is waived if the
Statutory Basis for, the Proposed Rule Distributor also subscribes to ToM or
[Release No. 34–82740; File No. SR–MIAX– Change cToM. Presently, the Exchange assesses
2018–04]
a monthly fee of $1,250.00 for ToM
1. Purpose Internal Distributors and a monthly fee
Self-Regulatory Organizations; Miami The Exchange proposes to amend its of $1,750.00 for ToM External
International Securities Exchange, Fee Schedule to change the application Distributors. As stated previously, the
LLC; Notice of Filing and Immediate of a fee waiver relating to certain market Exchange does not presently assess any
data feed products offered by the fee on Internal or External Distributors
Effectiveness of a Proposed Rule
Exchange—namely, the Exchange’s of cToM.
Change To Amend Its Fee Schedule As a result of the AIS fee waiver
Administrative Information Subscriber
February 20, 2018. (‘‘AIS’’) market data feed, and the provision, a subscriber who only
Exchange’s Complex Top of Market subscribes to AIS will be charged the
Pursuant to the provisions of Section (‘‘cToM’’) market data feed. AIS monthly fee ($1,250.00 for Internal
19(b)(1) of the Securities Exchange Act When the Exchange first launched Distributors and $1,750.00 for External
of 1934 (‘‘Act’’) 1 and Rule 19b–4 trading in complex orders in October Distributors). A subscriber who
thereunder,2 notice is hereby given that 2016, the Exchange began offering its subscribes to both ToM and AIS will be
on February 9, 2018, Miami cToM market data feed.3 The cToM charged the ToM monthly fee ($1,250.00
International Securities Exchange, LLC market data feed is complex order for Internal Distributors and $1,750.00
(‘‘MIAX’’ or ‘‘MIAX Options’’ or specific and is available to those who for External Distributors). However, a
‘‘Exchange’’) filed with the Securities wish to subscribe to it. cToM provides subscriber who subscribes to both cToM
and Exchange Commission subscribers with the same information and AIS will be charged no fees.
(‘‘Commission’’) a proposed rule change as the ToM market data product (for the The Exchange did not intend for
as described in Items I, II, and III below, simple market), but it relates to the subscribers to receive the AIS feed for
which Items have been prepared by the complex market of orders on the free as a result of receiving the cToM
Exchange. The Commission is Strategy Book (i.e., the Exchange’s best feed for free. Thus, until such time as
publishing this notice to solicit bid and offer for a complex strategy, the Exchange adopts a fee for cToM, the
known as the ‘‘cMBBO,’’ with aggregate Exchange proposes to eliminate the fee
comments on the proposed rule change
size, based on displayable order and waiver for subscribers to receive the AIS
from interested persons.
quoting interest in the complex strategy feed for free solely by receiving the
I. Self-Regulatory Organization’s on the Exchange).4 Additionally, cToM cToM feed.
Statement of the Terms of Substance of provides subscribers with the The Exchange is not proposing to
the Proposed Rule Change identification of the complex strategies modify any other aspect of either the
currently trading on MIAX Options; AIS market data feed product or the
The Exchange is filing a proposal to complex strategy last sale information; cToM market data feed product. The
amend the MIAX Options Fee Schedule and the status of securities underlying Exchange is solely eliminating the fee
(‘‘Fee Schedule’’) to change the the complex strategy (e.g., halted, open, waiver for a subscriber of cToM, which
application of a fee waiver relating to or resumed). Since the launch of is currently free, to also receive a
certain market data feed products. complex orders on the Exchange and the subscription to AIS for free.
The text of the proposed rule change availability of cToM, and continuing Accordingly, effective with this change,
through the present time, the Exchange a subscriber who wishes to subscribe to
is available on the Exchange’s website at
has made the cToM market data feed both cToM and AIS will be charged the
http://www.miaxoptions.com/rule-
available to subscribers free of charge. AIS monthly fee ($1,250.00 for Internal
filings, at MIAX’s principal office, and Distributors and $1,750.00 for External
at the Commission’s Public Reference The Exchange began offering its AIS
market data feed product in April 2013.5 Distributors).
Room. The Exchange initially filed the
The AIS market data feed currently
II. Self-Regulatory Organization’s proposal on January 30, 2018 (SR–
includes administrative information for
Statement of the Purpose of, and MIAX–2018–03). That filing was
both simple and complex orders. The
Statutory Basis for, the Proposed Rule withdrawn and replaced with the
AIS market data feed includes, among
Change current filing (SR–MIAX–2018–04).
other information, opening imbalance
condition information; opening routing 2. Statutory Basis
In its filing with the Commission, the information; expanded quote range
Exchange included statements The Exchange believes that its
information; post-halt notification; and proposal to amend its Fee Schedule is
concerning the purpose of and basis for liquidity refresh condition information. consistent with Section 6(b) 6 of the Act
the proposed rule change and discussed The Exchange assesses a monthly fee of in general, and furthers the objectives of
any comments it received on the $1,250.00 for all AIS Internal Section 6(b)(4) 7 of the Act, in that it is
proposed rule change. The text of these Distributors and a monthly fee of designed to provide for an equitable
statements may be examined at the $1,750.00 for all AIS External allocation of reasonable dues, fees and
places specified in Item IV below. The other charges among Exchange
Exchange has prepared summaries, set 3 See Securities Exchange Act Release No. 79146
Members 8 and other persons using its
daltland on DSKBBV9HB2PROD with NOTICES
(October 24, 2016), 81 FR 75171 (October 28, 2016)
forth in sections A, B, and C below, of (SR–MIAX–2016–36).
the most significant aspects of such 4 For a complete description of ToM, see 6 15U.S.C. 78f(b).
statements. Securities Exchange Act Release No. 69007 7 15U.S.C. 78f(b)(4).
(February 28, 2013), 78 FR 14617 (March 6, 2013) 8 The term ‘‘Member’’ means an individual or
(SR–MIAX–2013–05). organization approved to exercise the trading rights
5 See Securities Exchange Act Release No. 69320 associated with a Trading Permit. Members are
1 15 U.S.C. 78s(b)(1). (April 5, 2013), 78 FR 21661 (April 11, 2013) (SR– deemed ‘‘members’’ under the Exchange Act. See
2 17 CFR 240.19b–4. MIAX–2013–13). Exchange Rule 100.
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![Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Notices 8305
facilities, because it applies equally to reasonably designed fee structure and Electronic Comments
all Members and any persons using the fee incentives. Because there is no
facilities or services of the Exchange. charge to subscribe to the cToM market • Use the Commission’s internet
The Exchange also believes that the data feed, the Exchange believes that a comment form (http://www.sec.gov/
proposal furthers the objectives of subscription to cToM should not entitle rules/sro.shtml); or
Section 6(b)(5) 9 of the Act in particular, a subscriber to receive for free, another • Send an email to rule-comments@
in that it is designed to prevent market data feed product which, when sec.gov. Please include File Number SR–
fraudulent and manipulative acts and subscribed to without the cToM market MIAX–2018–04 on the subject line.
practices, to promote just and equitable data feed, is fee liable. Additionally,
principles of trade, to foster cooperation respecting intra-market competition, the Paper Comments
and coordination with persons engaged value-added features relating to
in facilitating transactions in securities, • Send paper comments in triplicate
complex orders in the [sic] either the
to remove impediments to and perfect to Secretary, Securities and Exchange
AIS feed or the cToM market data
the mechanisms of a free and open product are available to all subscribers, Commission, 100 F Street NE,
market and a national market system thus providing all subscribers to the Washington, DC 20549–1090.
and, in general, to protect investors and data products with an even playing field All submissions should refer to File
the public interest, and it is not with respect to information and access Number SR–MIAX–2018–04. This file
designed to permit unfair to trade complex orders on MIAX number should be included on the
discrimination among customers, Options. The Exchange notes that it subject line if email is used. To help the
brokers, or dealers. operates in a highly competitive market
The Exchange believes that the Commission process and review your
in which market participants can comments more efficiently, please use
proposed amendment to the application readily favor competing venues if they
of a fee waiver relating to certain market only one method. The Commission will
deem fee levels at a particular venue to post all comments on the Commission’s
data feed products offered by the be excessive. In such an environment,
Exchange—namely, the Exchange’s AIS internet website (http://www.sec.gov/
the Exchange must continually adjust its
market data feed, and the Exchange’s rules/sro.shtml). Copies of the
fees and fee waivers to remain
cToM market data feed—is reasonable, submission, all subsequent
competitive with other exchanges and to
equitable, and not unfairly attract order flow to the Exchange. amendments, all written statements
discriminatory. The proposal to with respect to the proposed rule
eliminate the ability of a subscriber to C. Self-Regulatory Organization’s change that are filed with the
subscribe to cToM (for free), to also Statement on Comments on the Commission, and all written
subscribe to the AIS feed (for free), is Proposed Rule Change Received From communications relating to the
designed to promote just and equitable Members, Participants, or Others proposed rule change between the
principles of trade by providing MIAX Commission and any person, other than
Written comments were neither
Options participants with access to the those that may be withheld from the
solicited nor received.
same market data products with a public in accordance with the
reasonably designed fee structure and III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be
fee incentives. Because there is no Proposed Rule Change and Timing for available for website viewing and
charge to subscribe to the cToM market Commission Action
printing in the Commission’s Public
data feed, the Exchange believes that a
The foregoing rule change has become Reference Room, 100 F Street NE,
subscription to cToM should not entitle
a subscriber to receive for free, another effective pursuant to Section Washington, DC 20549, on official
market data feed product which, when 19(b)(3)(A)(ii) of the Act,10 and Rule business days between the hours of
subscribed to without the cToM market 19b–4(f)(2) 11 thereunder. At any time 10:00 a.m. and 3:00 p.m. Copies of the
data feed, is fee liable. Furthermore, the within 60 days of the filing of the filing also will be available for
proposed changes to the application of proposed rule change, the Commission inspection and copying at the principal
the fee waiver are fair and equitable and summarily may temporarily suspend office of the Exchange. All comments
not unreasonably discriminatory such rule change if it appears to the received will be posted without change.
because they apply equally to all MIAX Commission that such action is Persons submitting comments are
Options participants as the market data necessary or appropriate in the public cautioned that we do not redact or edit
feeds are available for purchase for all interest, for the protection of investors, personal identifying information from
MIAX Options participants, and access or otherwise in furtherance of the comment submissions. You should
to such market data is offered on terms purposes of the Act. If the Commission submit only information that you wish
that are not unfairly discriminatory. takes such action, the Commission shall
to make available publicly. All
institute proceedings to determine
B. Self-Regulatory Organization’s submissions should refer to File
whether the proposed rule should be
Statement on Burden on Competition Number SR–MIAX–2018–04 and should
approved or disapproved.
be submitted on or before March 19,
The Exchange does not believe that IV. Solicitation of Comments 2018.
the proposed rule change will impose
any burden on competition not Interested persons are invited to For the Commission, by the Division of
necessary or appropriate in furtherance submit written data, views, and Trading and Markets, pursuant to delegated
of the purposes of the Act. The arguments concerning the foregoing, authority.12
daltland on DSKBBV9HB2PROD with NOTICES
Exchange believes that the proposed including whether the proposed rule Eduardo A. Aleman,
rule change would promote change is consistent with the Act. Assistant Secretary.
transparency by providing MIAX Comments may be submitted by any of [FR Doc. 2018–03786 Filed 2–23–18; 8:45 am]
Options participants with access to the the following methods:
BILLING CODE 8011–01–P
same market data products with a
10 15 U.S.C. 78s(b)(3)(A)(ii).
9 15 U.S.C. 78f(b)(5). 11 17 CFR 240.19b–4(f)(2). 12 17 CFR 200.30–3(a)(12).
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Document Created: 2018-02-24 01:00:23
Document Modified: 2018-02-24 01:00:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 8304 |
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