Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify the MIAX Fee Schedule, 23806-23810 [2013-09340]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 23806 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Notices organizational documents and such Partnership’s reports to its Participants. In addition, the General Partner will record and will preserve a description of all Section 17 Transactions, the General Partner’s findings and the information or materials upon which the General Partner’s findings are based and the basis for the findings. All such records will be maintained for the life of the Partnership and at least six years thereafter, and will be subject to examination by the Commission and its staff. Each Partnership will preserve the accounts, books and other documents required to be maintained in an easily accessible place for the first two years. 2. The General Partner will adopt, and periodically review and update, procedures designed to ensure that reasonable inquiry is made, prior to the consummation of any Section 17 Transaction, with respect to the possible involvement in the transaction of any affiliated person or promoter of or principal underwriter for such Partnership, or any affiliated person of such a person, promoter or principal underwriter. 3. The General Partner will not make on behalf of a Partnership any investment in which a Co-Investor (as defined below) has acquired or proposes to acquire the same class of securities of the same issuer, where the investment involves a joint enterprise or other joint arrangement within the meaning of rule 17d–1 in which such Partnership and the Co-Investor are participants, unless any such Co-Investor, prior to disposing of all or part of its investment, (a) gives such General Partner sufficient, but not less than one day’s, notice of its intent to dispose of its investment, and (b) refrains from disposing of its investment unless the participating Partnership holding such investment has the opportunity to dispose of its investment prior to or concurrently with, on the same terms as, and on a pro rata basis with, the Co-Investor. The term ‘‘CoInvestor’’ with respect to any Partnership means any person who is: (a) An ‘‘affiliated person’’ (as defined in section 2(a)(3) of the Act) of such Partnership (other than a JPMorgan Chase Third Party Fund); (b) a JPMorgan Chase entity; (c) an officer, director or partner of a JPMorgan Chase entity; or (d) an entity (other than a JPMorgan Chase Third Party Fund) in which the General Partner acts as a general partner or has a similar capacity to control the sale or other disposition of the entity’s securities. The restrictions contained in this condition, however, shall not be deemed to limit or prevent the disposition of an investment by a CoInvestor: (a) To its direct or indirect VerDate Mar<15>2010 17:03 Apr 19, 2013 Jkt 229001 wholly-owned subsidiary, to any company (a ‘‘Parent’’) of which such CoInvestor is a direct or indirect whollyowned subsidiary, or to a direct or indirect wholly-owned subsidiary of its Parent; (b) to immediate family members of such Co-Investor, including step and adoptive relationships, or to a trust or other investment vehicle established for any such immediate family member; or (c) when the investment is comprised of securities that are (i) listed on any exchange registered as a national securities exchange under section 6 of the 1934 Act; (ii) NMS stocks pursuant to section 11A(a)(2) of the 1934 Act and rule 600(b) of Regulation NMS thereunder; (iii) government securities as defined in section 2(a)(16) of the Act or other securities that meet the definition of ‘‘Eligible Security’’ in rule 2a–7 under the Act; or (iv) listed on or traded on any foreign securities exchange or board of trade that satisfies regulatory requirements under the law of the jurisdiction in which such foreign securities exchange or board of trade is organized similar to those that apply to a national securities exchange or a national market system for securities. 4. Each Partnership and its General Partner will maintain and preserve, for the life of such Partnership and at least six years thereafter, such accounts, books, and other documents as constitute the record forming the basis for the audited financial statements that are to be provided to the Participants in such Partnership, and each annual report of such Partnership required to be sent to such Participants, and agree that all such records will be subject to examination by the Commission and its staff. Each Partnership will preserve the accounts, books and other documents required to be maintained in an easily accessible place for the first two years. 5. The General Partner of each Partnership will send to each Participant in that Partnership, at any time during the fiscal year then ended, Partnership financial statements audited by such Partnership’s independent accountants, except in the case of a Partnership formed to make a single Portfolio Investment. In such cases, the partnership may send unaudited financial statements, but each Participant will receive financial statements of the single Portfolio Investment audited by such entity’s independent accountants. At the end of each fiscal year, the General Partner will make a valuation or have a valuation made of all of the assets of the Partnership as of such fiscal year end in a manner consistent with customary practice with respect to the valuation of PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 assets of the kind held by the Partnership. In addition, within 120 days after the end of each fiscal year of each Partnership or as soon as practicable thereafter, the General Partner will send a report to each person who was a Participant at any time during the fiscal year then ended, setting forth such tax information as shall be necessary for the preparation by the Participant of his, her or its U.S. federal and state income tax returns and a report of the investment activities of the Partnership during that fiscal year. 6. If a Partnership makes purchases or sales from or to an entity affiliated with the Partnership by reason of an officer, director or employee of JPMorgan Chase (a) serving as an officer, director, general partner or investment adviser of the entity, or (b) having a 5% or more investment in the entity, such individual will not participate in the Partnership’s determination of whether or not to effect the purchase or sale. For the Commission, by the Division of Investment Management, under delegated authority. Elizabeth M. Murphy, Secretary. [FR Doc. 2013–09344 Filed 4–19–13; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–69381; File No. SR–MIAX– 2013–16 ] Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify the MIAX Fee Schedule April 16, 2013. 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 April 5, 2013, Miami International Securities Exchange LLC (‘‘MIAX’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) a proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 2 17 E:\FR\FM\22APN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 22APN1 23807 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Notices I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change The Exchange is filing a proposal to modify the MIAX Fee Schedule (‘‘Fee Schedule’’) to establish fees for option contracts overlying 10 shares of a security (‘‘Mini Options’’). The Exchange proposes to implement these fee changes to coincide with the Exchange’s listing and trading of Mini Options on April 17, 2013. The text of the proposed rule change is available on the Exchange’s Web site at https://www.miaxoptions.com/filter/ wotitle/rule_filing, at MIAX’s principal office, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to modify the Fee Schedule to establish fees for Mini Options. The Exchange represented in its filing with the Securities and Exchange Commission (‘‘SEC’’ or the ‘‘Commission’’) to establish Mini Options that, ‘‘the current schedule of Fees will not apply to the trading of mini-options contracts. The Exchange will not commence trading of minioption contracts until specific fees for mini-options contracts trading have been filed with the Commission.’’ 3 As the Exchange intends to begin trading Mini Options on April 17, 2013 it is submitting this filing to describe the transaction fees that will be applicable to the trading of Mini Options. Mini Options have a smaller exercise and assignment value due to the reduced number of shares they deliver as compared to standard option contracts. As such, the Exchange is proposing generally lower per contract fees as compared to standard option contracts, with some exceptions to be fully described below. Despite the smaller exercise and assignment value of a Mini Option, the cost to the Exchange to process quotes and orders in Mini Options, perform regulatory surveillance and retain quotes and orders for archival purposes is the same as for a standard contract. This leaves the Exchange in a position of trying to strike the right balance of fees applicable to Mini Options—too low and the costs of processing Mini Options quotes and orders will necessarily cause the Exchange to either raise fees for everyone or only for participants trading Mini Options; too high and participants may be deterred from trading Mini Options, leaving the Exchange less able to recoup costs associated with development of the product, which is designed to offer investors a way to take less risk in high dollar securities. The Exchange, therefore, believes that adopting fees for Mini Options that are in some cases lower than fees for standard contracts, and in other cases the same as for standard contracts, is appropriate, not unreasonable, not unfairly discriminatory and not burdensome on competition between participants, or between the Exchange and other exchanges in the listed options market place. Exchange Transaction Fees The Exchange proposes establishing Mini Options transaction fees for all Market Makers and other market participants that would be 10% of the fee associated with standard options. The Mini Options transaction fee, as its standard option counterpart, would apply per executed contract to Registered Market Makers, Lead Market Makers, Directed Order-Lead Market Makers, Primary Lead Market Makers, Directed Order-Primary Lead Market Makers, Public Customers that are not Priority Customers, Non-MIAX Market Makers, Non-Member Broker-Dealers, and Firms. Below is a chart providing a comparison of the transaction fees for standard options and to the proposed fees for Mini Options: Standard options transaction fee (per executed contract) Type of MIAX Market Maker tkelley on DSK3SPTVN1PROD with NOTICES Registered Market Maker ........................................................................................................................ Lead Market Maker .................................................................................................................................. Directed Order—Lead Market Maker ...................................................................................................... Primary Lead Market Maker .................................................................................................................... Directed Order—Primary Lead Market Maker ......................................................................................... Priority Customer ..................................................................................................................................... Public Customer that is Not a Priority Customer .................................................................................... Non-MIAX Market Maker ......................................................................................................................... Non-Member Broker-Dealer .................................................................................................................... Firm .......................................................................................................................................................... $0.23 0.20 0.18 0.18 0.16 0.00 0.25 0.45 0.45 0.25 Mini options transaction fee (per executed contract) $0.023 0.020 0.018 0.018 0.016 0.000 0.025 0.045 0.045 0.025 In proposing Mini Options transaction fees that are 10% of the related standard option transaction fee, the Exchange acknowledges and takes into account that Mini Options have a smaller exercise and assignment value due to the reduced number of shares to be delivered as compared to standard option contracts. The Mini Options transaction fee charged to Priority Customers 4 would remain at $0.00 3 See Securities Exchange Act Release No. 69136 (March 14, 2013), 78 FR 17259 (March 20, 2013) (SR–MIAX–2013–06). The Commission notes that the actual language from the Exchange’s filing is: ‘‘the current MIAX Fee Schedule will not apply to the trading of mini-option contracts. The Exchange will not commence trading of mini-option contracts until specific fees for mini-option contracts trading have been filed with the Commission.’’ 4 The term ‘‘Priority Customer’’ means a person or entity that (i) is not a broker or dealer in Continued VerDate Mar<15>2010 17:03 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 23808 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Notices because the transaction fee for standard options, currently set at $0.00, cannot be reduced any lower. Marketing Fee Currently, the Exchange assesses a Marketing Fee to all Market Makers for contracts they execute in their assigned classes when the contra-party to the execution is a Priority Customer. The Exchange proposes assessing a Marketing Fee for applicable transactions in Mini Options and setting the fee to be 10% of the associated fee for standard options. As noted above, the Exchange bases this proposal on the Amount of marketing fee assessed tkelley on DSK3SPTVN1PROD with NOTICES $0.70 (per contract) ........................ $0.25 (per contract) ........................ $0.070 (per contract) ...................... $0.025 (per contract) ...................... Option classes Transactions Transactions Transactions Transactions Fixed Fee Surcharge In order to comply with the requirements of the Distributive Linkage Plan,5 the Exchange uses various means of accessing better priced interest located on other exchanges. Presently, the Exchange charges a Fixed Fee Surcharge of $0.10 per contract plus a pass through of the fees associated with the execution of the routed order on the other exchanges. The $0.10 is designed to recover the Exchange’s costs in routing orders to the other exchanges. Those costs include clearance charges imposed by The Options Clearing Corporation (‘‘OCC’’) and per contract routing fees charged by the broker dealers who charge the Exchange for the use of their systems to route orders to other exchanges. It is the Exchange’s understanding that both the OCC and the broker dealers have kept their charges applicable to Mini Options the same as for standard option contracts, as their cost to process a contract (i.e., routing or clearing) is the same irrespective of the exercise and assignment value of the contract. As such, the Exchange intends to charge the same Fixed Fee Surcharge for Mini Options as it presently does for standard options, as described in Section (1)(c) of the current Fee Schedule. The Exchange notes that participants can avoid the Fixed Fee Surcharge in several ways. First, they can simply route to the exchange with the best priced interest. The Exchange, in recognition of the fact that markets can move while orders are in flight, also offers participants the ability to utilize an order type that does not route to other exchanges. Specifically, the Do Not Route (‘‘DNR’’) order modifier is one such order that would never route to another exchange. Given this ability to avoid the Fixed Fee Surcharge, coupled with the fixed thirdparty costs associated with routing, the securities, and (ii) does not place more than 390 orders in listed options per day on average during VerDate Mar<15>2010 17:03 Apr 19, 2013 smaller exercise and assignment value due to the reduced number of shares to be delivered with Mini Options as compared to standard option contracts. Below is a chart providing a comparison of the Marketing Fees for standard options and to the proposed fees for Mini Options: Jkt 229001 in in in in Standard Option Classes that are not in the Penny Pilot Program. Standard Option Classes that are in the Penny Pilot Program. Mini Options where the corresponding Standard Option is not in the Penny Pilot Program. Mini Options where the corresponding Standard Option is in the Penny Pilot Program Exchange believes it is reasonable to charge the same Routing Surcharge for Mini Options that is charged for standard option contracts. Options Regulatory Fee Presently the Exchange charges an Options Regulatory Fee (‘‘ORF’’) of $0.004 per contract. The ORF is assessed on each MIAX Member for all options transactions executed or cleared by the MIAX Member that are cleared by the OCC in the customer range, regardless of the exchange on which the transaction occurs. The Exchange is proposing to charge the same rate for transactions in Mini Options, $0.004 per contract, since, as noted, the costs to the Exchange to process quotes, orders, trades and the necessary regulatory surveillance programs and procedures in Mini Options are the same as for standard option contracts. As such, the Exchange feels that it is appropriate to charge the ORF at the same rate as the standard option contract. 2. Statutory Basis MIAX believes that its proposal to amend fee schedule is consistent with Section 6(b) of the Act 6 in general, and furthers the objectives of Section 6(b)(4) of the Act 7 in particular, in that it is an equitable allocation of reasonable fees and other charges among its members, issuers and other persons using its facilities and does not unfairly discriminate between customers, issuers, brokers or dealers. The Exchange noted earlier that, while Mini Options have a smaller exercise and assignment value due to the reduced number of shares to be delivered as compared to standard option contracts, and despite the smaller exercise and assignment value of a Mini Option, the cost to the Exchange to process quotes and orders a calendar month for its own beneficial account(s). See Exchange Rule 100. 5 See Exchange Rule 529. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 in Mini Options, perform regulatory surveillance and retain quotes and orders for archival purposes is the same as for a standard contract. This leaves the Exchange in a position of trying to strike the right balance of fees applicable to Mini Options—too low and the costs of processing Mini Options quotes and orders will necessarily cause the Exchange to either raise fees for everyone or only for participants trading Mini Options; too high and participants may be deterred from trading Mini Options, leaving the Exchange less able to recoup costs associated with development of the product, which is designed to offer investors a way to take less risk in high dollar securities. Given these realities, the Exchange believes that adopting fees for Mini Options that are in some cases lower than standard contracts, and in other cases the same as for standard contracts, is appropriate, not unreasonable, not unfairly discriminatory and not burdensome on competition between participants, or between the Exchange and other exchanges in the listed options market place. In the case of most trade related charges, the Exchange has decided to offer lower per contract fees to participants as part of trying to strike the right balance between recovering costs associated with trading Mini Options and encouraging use of the new Mini Option contracts, which are designed to allow investors to reduce risk in high dollar underlying securities. The Exchange proposal to establish transaction fees applicable to Market Makers and all other participants to be 10% of the fee charged for standard options is reasonable in light of the fact that the Mini Options do have a smaller exercise and assignment value, specifically 1/10th that of a standard 6 15 7 15 E:\FR\FM\22APN1.SGM U.S.C. 78f(b). U.S.C. 78f(b)(4). 22APN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Notices option contract. The Exchange’s proposal is based on the already established classification of Market Makers and other market participants for standard option contracts, which is an effective fee on the Exchange and has not been determined to be inequitable or unfairly discriminatory. Therefore, the Exchange believes the proposed pricing for Mini Options to be equitable and not unfairly discriminatory as it would apply to all members of a given class (i.e., the Mini Options transaction fee for Register Market Makers would apply to all Register Market Makers). The Exchange believes the proposal to charge Priority Customers $.00 per contract to be reasonable, as Priority Customers have traded for free all options on the Exchange since the inception of the Exchange. The ability to trade for free attracts Priority Customer order flow to the Exchange, which is beneficial to all other participants on the Exchange who generally seek to trade with Priority Customer order flow. The proposed fee of $.00 per contract is the same fee charged to Priority Customer orders in standard option contracts, which is an effective fee on the Exchange and has not been determined to be inequitable or unfairly discriminatory. Therefore, the proposed Priority Customer pricing for Mini Options would be equitable and not unfairly discriminatory. The Exchange believes its proposal to assess a Marketing Fee to all Market Makers for Mini Options contracts they execute in their assigned classes when the contra-party to the execution is a Priority Customer with such Marketing Fee set at 10% of the related fee charged for standard options to be reasonable in light of the fact that the Minis do have a smaller exercise and assignment value, specifically 1/10th that of a standard contract. The Exchange does not believe its proposal to be unfairly discriminatory because it applies to all applicable Market Makers evenly. The Exchange proposal to treat Mini Options the same as standard options for purposes of the Fixed Fee Surcharge is reasonable, equitable and not unfairly discriminatory for the following reasons. Presently, the Exchange charges a Routing Surcharge of $0.10 per contract plus a pass through of the fees associated with the execution of the routed order on the other exchanges. The $0.10 is designed to recover the Exchange’s costs in routing orders to the other exchanges. Those costs include clearance charges imposed by the OCC and per contract routing fees charged by the broker dealers who charge the Exchange for the use of their systems to route orders to other exchanges. The VerDate Mar<15>2010 17:03 Apr 19, 2013 Jkt 229001 Exchange understands that both the OCC and the broker dealers have kept their charges applicable to Mini Options the same as for standard option contracts, as their cost to process a contract (i.e., routing or clearing) is the same irrespective of the exercise and assignment value of the contract. As such, the Exchange intends to charge the same Fixed Fee Surcharge for Mini Options as it presently does for standard options, as described in Section (1)(c) of the current Fee Schedule. The Exchange notes that participants can avoid the Fixed Fee Surcharge in several ways. First they can simply route to the exchange with the best priced interest. The Exchange, in recognition of the fact that markets can move while orders are in flight, also offers participants the ability to utilize an order type that does not route to other exchanges. Specifically, the DNR order type is an order that would never route to another exchange. Given this ability to avoid the Fixed Fee Surcharge, coupled with the fixed third party costs associated with routing, the Exchange feels it is reasonable and equitable to charge the same Fixed Fee Surcharge for Mini Options that is charged for standard option contracts. Since the Fixed Fee Surcharge will apply to all participants in Mini Options as it is applied for standard options, and because such surcharge has not previously been found to be unreasonable, inequitable or unfairly discriminatory, the Exchange believes it is the case for Mini Options as well. The Exchange notes, particularly in the context of the ORF, that the cost to perform surveillance to ensure compliance with various Exchange and industry-wide rules is no different for a Mini Option than it is for a standard option contract. Reducing the ORF for Mini options could result in a higher ORF for standard options. Such an outcome would arguably be discriminatory towards investors in standard options for the benefit of investors in Minis. As such, the appropriate approach is to treat both Mini Options and standard options the same with respect to the amount of the ORF that is being charged. 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 proposed change designed to provide greater specificity and precision within the Fee Schedule with respect to the fees that will be applicable to Mini PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 23809 Options when they begin trading on the Exchange on or about April 17, 2013. The Exchange believes that adopting fees for Mini Options that are in some cases lower than for standard contracts, but in other cases the same as for standard contracts, strikes the appropriate balance between fees applicable to standard contracts versus fees applicable to Mini Options, and will not impose a burden on competition among various market participants on the Exchange, or between the Exchange and other exchanges in the listed options market place, not necessary or appropriate in furtherance of the purposes of the Act. In this regard, as Mini Options are a new product being introduced into the listed options marketplace, the Exchange is unable at this time to absolutely determine the impact that the fees proposed herein will have on trading in Mini Options. That said, however, the Exchange believes that the rates proposed for Mini Options, would not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Finally, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues. In such an environment, the Exchange must continually review, and consider adjusting, its fees and credits to remain competitive with other exchanges. For the reasons described above, the Exchange believes that the proposed rule change reflects this competitive environment. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act.8 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 8 15 E:\FR\FM\22APN1.SGM U.S.C. 78s(b)(3)(A)(ii). 22APN1 23810 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Notices whether the proposed rule should be approved or disapproved. 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 Paper Comments tkelley on DSK3SPTVN1PROD with NOTICES • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–MIAX–2013–16. 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 (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–MIAX– 2013–16, and should be submitted on or before May 13, 2013. 17:03 Apr 19, 2013 [FR Doc. 2013–09340 Filed 4–19–13; 8:45 am] BILLING CODE 8011–01–P Jkt 229001 The Privacy Act applies to any record about an individual that is maintained in a system of records from which individually identifying information is retrieved by a unique identifier associated with each individual, such as a name or Social Security number. SYSTEM NAME: SMALL BUSINESS ADMINISTRATION Privacy Act System of Records Small Business Administration. ACTION: Notice of new Privacy Act system of records and request for comment. AGENCY: • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rulecomments@sec.gov. Please include File Number SR–MIAX–2013–16 on the subject line. VerDate Mar<15>2010 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 Elizabeth M. Murphy, Secretary. The Small Business Administration (SBA) is amending its Privacy Act Systems of Records to add a new System of Records to maintain the protected information collected from applicants and participants in the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs. DATES: Written comments on the system of records must be received on before May 22, 2013. The notice will be effective without further publication at the end of the comment period, unless comments are received which require further amendments. ADDRESSES: Written comments on this system of records should be directed to Edsel M. Brown, Assistant Administrator, Office of Technology, U.S. Small Business Administration, 409 3rd Street SW., Washington, DC 20416. SUMMARY: FOR FURTHER INFORMATION CONTACT: Edsel M. Brown, Assistant Director, Office of Technology, at (202) 205–7343. SUPPLEMENTARY INFORMATION: The Privacy Act (5 U.S.C. 552a) requires federal agencies to publish a notice of systems of records in the Federal Register whenever they establish a new system of records or make a significant change to an established system of records. Each notice must identify and describe the system of records the Agency maintains, the reasons why the agency collects the personally identifying information, the routine uses for which the agency will disclose such information outside the agency, and how individuals may exercise their rights under the Privacy Act to determine if, among other things, the system contains information about them. The information about each individual is called a ‘‘record,’’ and the system, whether manual or computerbased, is called a ‘‘system of records.’’ 9 17 PO 00000 CFR 200.30–3(a)(12). Frm 00076 Fmt 4703 Sfmt 4703 TechNet—SBA 38. SYSTEM LOCATION: SBA’s Office of Technology, Office of Investment and Innovation, Small Business Administration, 409 Third Street SW., Washington, DC 20416. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM INCLUDES: Persons who submit applications to or receive awards under the SBIR and STTR programs; principal investigators and key individuals working for SBIR and STTR applicants and awardees. CATEGORIES OF RECORDS IN THE SYSTEM: Names, work phone numbers, and email addresses for owners, key individuals and principal investigators; individual owners’ social security numbers; fraud related criminal history; history of civil fraud violations related to the SBIR and STTR programs; and the social and economic disadvantaged status of principal investigators. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 15 U.S.C. 638. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES, THESE RECORDS MAY BE USED, DISCLOSED OR REFERRED: a. To the court or administrative tribunal and other parties in litigation, when a suit or administrative action has been initiated. b. To a Congressional office from an individual’s record, when that office is inquiring on the individual’s behalf; the Member’s access rights are no greater than the individual’s. c. To SBA employees, volunteers, contractors, interns, grantees, and experts who have been engaged by SBA to assist in the performance of a service related to this system of records and who need access to the records in order to perform this activity. Recipients of these records shall be required to comply with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. Sec. 552a. d. To the Department of Justice (DOJ) when any of the following is a party to litigation or has an interest in such litigation, and the use of such records by DOJ is deemed by SBA to be relevant and necessary to the litigation, provided, however, that in each case, E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 78, Number 77 (Monday, April 22, 2013)]
[Notices]
[Pages 23806-23810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09340]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69381; File No. SR-MIAX-2013-16 ]


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

April 16, 2013.
    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 April 5, 2013, Miami International Securities 
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and 
Exchange Commission (``Commission'') a proposed rule change as 
described in Items I, II, and III below, which Items have been prepared 
by the Exchange. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

[[Page 23807]]

I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange is filing a proposal to modify the MIAX Fee Schedule 
(``Fee Schedule'') to establish fees for option contracts overlying 10 
shares of a security (``Mini Options''). The Exchange proposes to 
implement these fee changes to coincide with the Exchange's listing and 
trading of Mini Options on April 17, 2013.
    The text of the proposed rule change is available on the Exchange's 
Web site at https://www.miaxoptions.com/filter/wotitle/rule_filing, at 
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify the Fee Schedule to establish fees 
for Mini Options. The Exchange represented in its filing with the 
Securities and Exchange Commission (``SEC'' or the ``Commission'') to 
establish Mini Options that, ``the current schedule of Fees will not 
apply to the trading of mini-options contracts. The Exchange will not 
commence trading of mini-option contracts until specific fees for mini-
options contracts trading have been filed with the Commission.'' \3\ As 
the Exchange intends to begin trading Mini Options on April 17, 2013 it 
is submitting this filing to describe the transaction fees that will be 
applicable to the trading of Mini Options.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 69136 (March 14, 
2013), 78 FR 17259 (March 20, 2013) (SR-MIAX-2013-06). The 
Commission notes that the actual language from the Exchange's filing 
is: ``the current MIAX Fee Schedule will not apply to the trading of 
mini-option contracts. The Exchange will not commence trading of 
mini-option contracts until specific fees for mini-option contracts 
trading have been filed with the Commission.''
---------------------------------------------------------------------------

    Mini Options have a smaller exercise and assignment value due to 
the reduced number of shares they deliver as compared to standard 
option contracts. As such, the Exchange is proposing generally lower 
per contract fees as compared to standard option contracts, with some 
exceptions to be fully described below. Despite the smaller exercise 
and assignment value of a Mini Option, the cost to the Exchange to 
process quotes and orders in Mini Options, perform regulatory 
surveillance and retain quotes and orders for archival purposes is the 
same as for a standard contract. This leaves the Exchange in a position 
of trying to strike the right balance of fees applicable to Mini 
Options--too low and the costs of processing Mini Options quotes and 
orders will necessarily cause the Exchange to either raise fees for 
everyone or only for participants trading Mini Options; too high and 
participants may be deterred from trading Mini Options, leaving the 
Exchange less able to recoup costs associated with development of the 
product, which is designed to offer investors a way to take less risk 
in high dollar securities. The Exchange, therefore, believes that 
adopting fees for Mini Options that are in some cases lower than fees 
for standard contracts, and in other cases the same as for standard 
contracts, is appropriate, not unreasonable, not unfairly 
discriminatory and not burdensome on competition between participants, 
or between the Exchange and other exchanges in the listed options 
market place.
Exchange Transaction Fees
    The Exchange proposes establishing Mini Options transaction fees 
for all Market Makers and other market participants that would be 10% 
of the fee associated with standard options. The Mini Options 
transaction fee, as its standard option counterpart, would apply per 
executed contract to Registered Market Makers, Lead Market Makers, 
Directed Order-Lead Market Makers, Primary Lead Market Makers, Directed 
Order-Primary Lead Market Makers, Public Customers that are not 
Priority Customers, Non-MIAX Market Makers, Non-Member Broker-Dealers, 
and Firms. Below is a chart providing a comparison of the transaction 
fees for standard options and to the proposed fees for Mini Options:

------------------------------------------------------------------------
                                   Standard options      Mini options
                                    transaction fee     transaction fee
    Type of MIAX Market Maker        (per executed       (per executed
                                       contract)           contract)
------------------------------------------------------------------------
Registered Market Maker.........               $0.23              $0.023
Lead Market Maker...............                0.20               0.020
Directed Order--Lead Market                     0.18               0.018
 Maker..........................
Primary Lead Market Maker.......                0.18               0.018
Directed Order--Primary Lead                    0.16               0.016
 Market Maker...................
Priority Customer...............                0.00               0.000
Public Customer that is Not a                   0.25               0.025
 Priority Customer..............
Non-MIAX Market Maker...........                0.45               0.045
Non-Member Broker-Dealer........                0.45               0.045
Firm............................                0.25               0.025
------------------------------------------------------------------------

    In proposing Mini Options transaction fees that are 10% of the 
related standard option transaction fee, the Exchange acknowledges and 
takes into account that Mini Options have a smaller exercise and 
assignment value due to the reduced number of shares to be delivered as 
compared to standard option contracts. The Mini Options transaction fee 
charged to Priority Customers \4\ would remain at $0.00

[[Page 23808]]

because the transaction fee for standard options, currently set at 
$0.00, cannot be reduced any lower.
---------------------------------------------------------------------------

    \4\ The term ``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 account(s). See Exchange Rule 
100.
---------------------------------------------------------------------------

Marketing Fee
    Currently, the Exchange assesses a Marketing Fee to all Market 
Makers for contracts they execute in their assigned classes when the 
contra-party to the execution is a Priority Customer. The Exchange 
proposes assessing a Marketing Fee for applicable transactions in Mini 
Options and setting the fee to be 10% of the associated fee for 
standard options. As noted above, the Exchange bases this proposal on 
the smaller exercise and assignment value due to the reduced number of 
shares to be delivered with Mini Options as compared to standard option 
contracts. Below is a chart providing a comparison of the Marketing 
Fees for standard options and to the proposed fees for Mini Options:

------------------------------------------------------------------------
 Amount of marketing fee assessed              Option classes
------------------------------------------------------------------------
$0.70 (per contract)..............  Transactions in Standard Option
                                     Classes that are not in the Penny
                                     Pilot Program.
$0.25 (per contract)..............  Transactions in Standard Option
                                     Classes that are in the Penny Pilot
                                     Program.
$0.070 (per contract).............  Transactions in Mini Options where
                                     the corresponding Standard Option
                                     is not in the Penny Pilot Program.
$0.025 (per contract).............  Transactions in Mini Options where
                                     the corresponding Standard Option
                                     is in the Penny Pilot Program
------------------------------------------------------------------------

Fixed Fee Surcharge
    In order to comply with the requirements of the Distributive 
Linkage Plan,\5\ the Exchange uses various means of accessing better 
priced interest located on other exchanges. Presently, the Exchange 
charges a Fixed Fee Surcharge of $0.10 per contract plus a pass through 
of the fees associated with the execution of the routed order on the 
other exchanges. The $0.10 is designed to recover the Exchange's costs 
in routing orders to the other exchanges. Those costs include clearance 
charges imposed by The Options Clearing Corporation (``OCC'') and per 
contract routing fees charged by the broker dealers who charge the 
Exchange for the use of their systems to route orders to other 
exchanges. It is the Exchange's understanding that both the OCC and the 
broker dealers have kept their charges applicable to Mini Options the 
same as for standard option contracts, as their cost to process a 
contract (i.e., routing or clearing) is the same irrespective of the 
exercise and assignment value of the contract. As such, the Exchange 
intends to charge the same Fixed Fee Surcharge for Mini Options as it 
presently does for standard options, as described in Section (1)(c) of 
the current Fee Schedule. The Exchange notes that participants can 
avoid the Fixed Fee Surcharge in several ways. First, they can simply 
route to the exchange with the best priced interest. The Exchange, in 
recognition of the fact that markets can move while orders are in 
flight, also offers participants the ability to utilize an order type 
that does not route to other exchanges. Specifically, the Do Not Route 
(``DNR'') order modifier is one such order that would never route to 
another exchange. Given this ability to avoid the Fixed Fee Surcharge, 
coupled with the fixed third-party costs associated with routing, the 
Exchange believes it is reasonable to charge the same Routing Surcharge 
for Mini Options that is charged for standard option contracts.
---------------------------------------------------------------------------

    \5\ See Exchange Rule 529.
---------------------------------------------------------------------------

Options Regulatory Fee
    Presently the Exchange charges an Options Regulatory Fee (``ORF'') 
of $0.004 per contract. The ORF is assessed on each MIAX Member for all 
options transactions executed or cleared by the MIAX Member that are 
cleared by the OCC in the customer range, regardless of the exchange on 
which the transaction occurs. The Exchange is proposing to charge the 
same rate for transactions in Mini Options, $0.004 per contract, since, 
as noted, the costs to the Exchange to process quotes, orders, trades 
and the necessary regulatory surveillance programs and procedures in 
Mini Options are the same as for standard option contracts. As such, 
the Exchange feels that it is appropriate to charge the ORF at the same 
rate as the standard option contract.
2. Statutory Basis
    MIAX believes that its proposal to amend fee schedule is consistent 
with Section 6(b) of the Act \6\ in general, and furthers the 
objectives of Section 6(b)(4) of the Act \7\ in particular, in that it 
is an equitable allocation of reasonable fees and other charges among 
its members, issuers and other persons using its facilities and does 
not unfairly discriminate between customers, issuers, brokers or 
dealers.
---------------------------------------------------------------------------

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

    The Exchange noted earlier that, while Mini Options have a smaller 
exercise and assignment value due to the reduced number of shares to be 
delivered as compared to standard option contracts, and despite the 
smaller exercise and assignment value of a Mini Option, the cost to the 
Exchange to process quotes and orders in Mini Options, perform 
regulatory surveillance and retain quotes and orders for archival 
purposes is the same as for a standard contract. This leaves the 
Exchange in a position of trying to strike the right balance of fees 
applicable to Mini Options--too low and the costs of processing Mini 
Options quotes and orders will necessarily cause the Exchange to either 
raise fees for everyone or only for participants trading Mini Options; 
too high and participants may be deterred from trading Mini Options, 
leaving the Exchange less able to recoup costs associated with 
development of the product, which is designed to offer investors a way 
to take less risk in high dollar securities. Given these realities, the 
Exchange believes that adopting fees for Mini Options that are in some 
cases lower than standard contracts, and in other cases the same as for 
standard contracts, is appropriate, not unreasonable, not unfairly 
discriminatory and not burdensome on competition between participants, 
or between the Exchange and other exchanges in the listed options 
market place.
    In the case of most trade related charges, the Exchange has decided 
to offer lower per contract fees to participants as part of trying to 
strike the right balance between recovering costs associated with 
trading Mini Options and encouraging use of the new Mini Option 
contracts, which are designed to allow investors to reduce risk in high 
dollar underlying securities.
    The Exchange proposal to establish transaction fees applicable to 
Market Makers and all other participants to be 10% of the fee charged 
for standard options is reasonable in light of the fact that the Mini 
Options do have a smaller exercise and assignment value, specifically 
1/10th that of a standard

[[Page 23809]]

option contract. The Exchange's proposal is based on the already 
established classification of Market Makers and other market 
participants for standard option contracts, which is an effective fee 
on the Exchange and has not been determined to be inequitable or 
unfairly discriminatory. Therefore, the Exchange believes the proposed 
pricing for Mini Options to be equitable and not unfairly 
discriminatory as it would apply to all members of a given class (i.e., 
the Mini Options transaction fee for Register Market Makers would apply 
to all Register Market Makers).
    The Exchange believes the proposal to charge Priority Customers 
$.00 per contract to be reasonable, as Priority Customers have traded 
for free all options on the Exchange since the inception of the 
Exchange. The ability to trade for free attracts Priority Customer 
order flow to the Exchange, which is beneficial to all other 
participants on the Exchange who generally seek to trade with Priority 
Customer order flow. The proposed fee of $.00 per contract is the same 
fee charged to Priority Customer orders in standard option contracts, 
which is an effective fee on the Exchange and has not been determined 
to be inequitable or unfairly discriminatory. Therefore, the proposed 
Priority Customer pricing for Mini Options would be equitable and not 
unfairly discriminatory.
    The Exchange believes its proposal to assess a Marketing Fee to all 
Market Makers for Mini Options contracts they execute in their assigned 
classes when the contra-party to the execution is a Priority Customer 
with such Marketing Fee set at 10% of the related fee charged for 
standard options to be reasonable in light of the fact that the Minis 
do have a smaller exercise and assignment value, specifically 1/10th 
that of a standard contract. The Exchange does not believe its proposal 
to be unfairly discriminatory because it applies to all applicable 
Market Makers evenly.
    The Exchange proposal to treat Mini Options the same as standard 
options for purposes of the Fixed Fee Surcharge is reasonable, 
equitable and not unfairly discriminatory for the following reasons. 
Presently, the Exchange charges a Routing Surcharge of $0.10 per 
contract plus a pass through of the fees associated with the execution 
of the routed order on the other exchanges. The $0.10 is designed to 
recover the Exchange's costs in routing orders to the other exchanges. 
Those costs include clearance charges imposed by the OCC and per 
contract routing fees charged by the broker dealers who charge the 
Exchange for the use of their systems to route orders to other 
exchanges. The Exchange understands that both the OCC and the broker 
dealers have kept their charges applicable to Mini Options the same as 
for standard option contracts, as their cost to process a contract 
(i.e., routing or clearing) is the same irrespective of the exercise 
and assignment value of the contract. As such, the Exchange intends to 
charge the same Fixed Fee Surcharge for Mini Options as it presently 
does for standard options, as described in Section (1)(c) of the 
current Fee Schedule. The Exchange notes that participants can avoid 
the Fixed Fee Surcharge in several ways. First they can simply route to 
the exchange with the best priced interest. The Exchange, in 
recognition of the fact that markets can move while orders are in 
flight, also offers participants the ability to utilize an order type 
that does not route to other exchanges. Specifically, the DNR order 
type is an order that would never route to another exchange. Given this 
ability to avoid the Fixed Fee Surcharge, coupled with the fixed third 
party costs associated with routing, the Exchange feels it is 
reasonable and equitable to charge the same Fixed Fee Surcharge for 
Mini Options that is charged for standard option contracts. Since the 
Fixed Fee Surcharge will apply to all participants in Mini Options as 
it is applied for standard options, and because such surcharge has not 
previously been found to be unreasonable, inequitable or unfairly 
discriminatory, the Exchange believes it is the case for Mini Options 
as well.
    The Exchange notes, particularly in the context of the ORF, that 
the cost to perform surveillance to ensure compliance with various 
Exchange and industry-wide rules is no different for a Mini Option than 
it is for a standard option contract. Reducing the ORF for Mini options 
could result in a higher ORF for standard options. Such an outcome 
would arguably be discriminatory towards investors in standard options 
for the benefit of investors in Minis. As such, the appropriate 
approach is to treat both Mini Options and standard options the same 
with respect to the amount of the ORF that is being charged.

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 proposed change designed to 
provide greater specificity and precision within the Fee Schedule with 
respect to the fees that will be applicable to Mini Options when they 
begin trading on the Exchange on or about April 17, 2013.
    The Exchange believes that adopting fees for Mini Options that are 
in some cases lower than for standard contracts, but in other cases the 
same as for standard contracts, strikes the appropriate balance between 
fees applicable to standard contracts versus fees applicable to Mini 
Options, and will not impose a burden on competition among various 
market participants on the Exchange, or between the Exchange and other 
exchanges in the listed options market place, not necessary or 
appropriate in furtherance of the purposes of the Act. In this regard, 
as Mini Options are a new product being introduced into the listed 
options marketplace, the Exchange is unable at this time to absolutely 
determine the impact that the fees proposed herein will have on trading 
in Mini Options. That said, however, the Exchange believes that the 
rates proposed for Mini Options, would not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act.
    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues. In such an environment, the Exchange must continually 
review, and consider adjusting, its fees and credits to remain 
competitive with other exchanges. For the reasons described above, the 
Exchange believes that the proposed rule change reflects this 
competitive environment.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\8\ 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

[[Page 23810]]

whether the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-MIAX-2013-16 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-MIAX-2013-16. 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 (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-MIAX-2013-16, and should be 
submitted on or before May 13, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-09340 Filed 4-19-13; 8:45 am]
BILLING CODE 8011-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.