Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule, 9841-9843 [2015-03665]
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Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices
designates the proposed rule change to
be operative upon filing.13
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.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
tkelley on DSK3SPTVN1PROD with NOTICES
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the act. To the
contrary, allowing the Exchange to
implement substantively identical rules
related to the imposition of fines for
minor violations of rules across each of
the BGM Affiliated Exchanges does not
present any competitive issues, but
rather is designed to provide greater
harmonization among Exchange, BATS,
BYX, and EDGA rules of similar
purpose, resulting in less burdensome
and more efficient regulatory
compliance for common members of the
BGM Affiliated Exchanges and an
enhanced ability of the BGM Affiliated
Exchanges to fairly and efficiently
regulate members, which will further
enhance competition.
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 No. SR–
EDGX–2015–10 on the subject line.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 11 and paragraph
of Rule 19b–4(f)(6) thereunder.12
The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Exchange stated that waiver
of this requirement is consistent with
the protection of investors and the
public interest because it will allow the
Exchange to have consistent rules
related to minor violations across each
of the BGM Affiliated Exchanges, which
it believes will both more consistently
and effectively regulate members of the
BGM Affiliated Exchanges as well as
reduce the regulatory burden on
Members of the Exchange that are also
members of EDGA, BYX and/or BZX.
The Commission believes that the
proposed rule change presents no novel
issues and that waiver of the 30-day
operative delay is consistent with the
protection of investors and the public
interest. Therefore, the Commission
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File No.
SR–EDGX–2015–10. 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 will also be available for
inspection and copying at the principal
office of the Exchange. All comments
11 15
U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4.
VerDate Sep<11>2014
17:31 Feb 23, 2015
Jkt 235001
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposal is
consistent with the Act. Comments may
be submitted by any of the following
methods:
13 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
PO 00000
Frm 00154
Fmt 4703
Sfmt 4703
9841
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 No. SR–EDGX–
2015–10 and should be submitted on or
before March 17, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Brent J. Fields,
Secretary.
[FR Doc. 2015–03667 Filed 2–23–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74291; File No. SR–MIAX–
2015–09]
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 18, 2015.
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 5, 2015, 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.
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 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
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\24FEN1.SGM
24FEN1
9842
Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices
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 the
MIAX Select Symbols 3 section of the
Priority Customer Rebate Program (the
‘‘Program’’) 4 to replace the option class
‘‘WAG’’ with ‘‘WBA’’.
Walgreens recently completed a
corporate transaction that resulted in
Walgreens becoming a wholly owned
subsidiary of Walgreens Boots Alliance,
Inc., and shares of Walgreens common
stock being converted into shares of
Walgreens Boots Alliance common
stock on a one-for-one basis. In addition,
the new shares of Walgreens Boots
Alliance were given a new symbol
‘‘WBA’’. The Exchange now proposes to
amend the Fee Schedule to change the
symbol in the MIAX Select Symbols
from ‘‘WAG’’ to ‘‘WBA’’ to correspond
with this change. The change is
designed to ensure that there is no
confusion amongst market participants
that Walgreens will continue to remain
in the MIAX Select Symbols. Walgreens
completed its corporate transaction on
December 30, 2014, with the new
symbol commencing trading on
December 31, 2014.
tkelley on DSK3SPTVN1PROD with NOTICES
2. Statutory Basis
The Exchange believes that its
proposed rule change is consistent with
Section 6(b) of the Act 5 in general, and
furthers the objectives of Section 6(b)(4)
3 The term ‘‘MIAX Select Symbols’’ currently
means options overlying AA, AAL, AAPL, AIG,
AMAT, AMD, AMZN, BA, BABA, BBRY, BIDU, BP,
C, CAT, CBS, CELG, CLF, CVX, DAL, EBAY, EEM,
FB, FCX, GE, GILD, GLD, GM, GOOGL, GPRO, HAL,
HTZ, INTC, IWM, JCP, JNJ, JPM, KMI, KO, MO,
MRK, NFLX, NOK, NQ, ORCL, PBR, PFE, PG,
QCOM, QQQ, RIG, S, SPY, SUNE, T, TSLA, USO,
VALE, VXX, WAG, WFC, WMB, WY, X, XHB, XLE,
XLF, XLP, XOM, XOP, and YHOO.
4 See Securities Exchange Act Release Nos. 73328
(October 9, 2014), 79 FR 62230 (October 16, 2014)
(SR–MIAX–2014–50); 72567 (July 8, 2014), 79 FR
40818 (July 14, 2014) (SR–MIAX–2014–34); 72356
(June 10, 2014), 79 FR 34384 (June 16, 2014) (SR–
MIAX–2014–26); 71698 (March 12, 2014), 79 FR
15185 (March 18, 2014) (SR–MIAX–2014–12);
71700 (March 12, 2014), 79 FR 15188 (March 18,
2014) (SR–MIAX–2014–13); 71283 (January 10,
2014), 79 FR 2914 (January 16, 2014) (SR–MIAX–
2013–63); 71009 (December 6, 2013), 78 FR 75629
(December 12, 2013) (SR–MIAX–2013–56).
5 15 U.S.C. 78f(b).
VerDate Sep<11>2014
17:31 Feb 23, 2015
Jkt 235001
of the Act 6 in particular, in that it is an
equitable allocation of reasonable fees
and other charges among Exchange
members.
In particular, the proposal to change
the Walgreens symbol to its new
designation is consistent with the Act
because the proposed change is merely
updating the corresponding symbol to
allow for Walgreens to continue to
remain in the MIAX Select Symbols.
The proposed change will allow for
continued benefit to investors by
providing them an updated reference to
a symbol in the Fee Schedule.
The Exchange believes that the
proposal to modify the Program to
amend an option class that qualifies for
the credit for transactions in MIAX
Select Symbols is fair, equitable and not
unreasonably discriminatory. The credit
for transactions in the select symbols is
reasonably designed because it will
incent providers of Priority Customer
order flow to send that Priority
Customer order flow to the Exchange in
order to receive a credit in a manner
that enables the Exchange to improve its
overall competitiveness and strengthen
its market quality for all market
participants. The Program which
provides increased incentives in high
volume select symbols is also
reasonably designed to increase the
competitiveness of the Exchange with
other options exchanges that also offer
increased incentives to higher volume
symbols. The proposed change to the
rebate Program is fair and equitable and
not unreasonably discriminatory
because it will apply equally to all
Priority Customer orders in the select
symbols. All similarly situated Priority
Customer orders in the select symbols
are subject to the same rebate schedule,
and access to the Exchange is offered on
terms that are not unfairly
discriminatory. In addition, the Program
is equitable and not unfairly
discriminatory because, while only
Priority Customer order flow qualifies
for the Program, an increase in Priority
Customer order flow will bring greater
volume and liquidity, which benefit all
market participants by providing more
trading opportunities and tighter
spreads.
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 rule change is a not a
competitive filing but rather is designed
6 15
PO 00000
U.S.C. 78f(b)(4).
Frm 00155
Fmt 4703
to update the new underlying symbol
for Walgreens in order to avoid potential
confusion on the part of market
participants.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.7 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.
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–2015–09 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549.
All submissions should refer to File
Number SR–MIAX–2015–09. 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
7 15
Sfmt 4703
E:\FR\FM\24FEN1.SGM
U.S.C. 78s(b)(3)(A)(ii).
24FEN1
Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices
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–
2015–09 and should be submitted on or
before March 17, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Brent J. Fields,
Secretary.
[FR Doc. 2015–03665 Filed 2–23–15; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–74286; File No. SR–ISE–
2015–04]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Amend the Schedule of
Fees
tkelley on DSK3SPTVN1PROD with NOTICES
February 18, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
3, 2015, the International Securities
Exchange, LLC (the ‘‘Exchange’’ or the
‘‘ISE’’) filed with the Securities and
Exchange Commission (the
‘‘Commission’’) the proposed rule
change, as described in Items I, II, and
III below, which items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
VerDate Sep<11>2014
17:31 Feb 23, 2015
The ISE proposes to amend the
Schedule of Fees to eliminate fees and
rebates for Mini Options, which were
delisted on the Exchange as of the close
of business on December 17, 2014. The
text of the proposed rule change is
available on the Exchange’s Web site
(https://www.ise.com), at the principal
office of the Exchange, 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
self-regulatory organization 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 self-regulatory organization 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
SECURITIES AND EXCHANGE
COMMISSION
8 17
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is permitted to list Mini
Option contracts overlying ten shares of
the following five symbols: SPY, AAPL,
GLD, GOOGL, and AMZN, pursuant to
Supplementary Material .13 to Rule 504.
Due to the smaller exercise and
assignment value of Mini Options
contracts, the Exchange charges fees and
provides rebates in these Mini Option
classes at a rate that is 1/10th the rate
of fees and rebates the Exchange
provides for trading in Standard
Options. As the Exchange has delisted
all Mini Options as of the close of
business on December 17, 2014, the
Exchange now proposes to eliminate
fees and rebates for Mini Options in the
Schedule of Fees. In particular, the
Exchange also proposes to remove
language related to Mini Options in the
following sections of the Schedule of
Fees:
1. Sections III and IV, which contain
tables on Regular Order Fees and
Rebates for Mini Options and Complex
Order Fees and Rebates for Mini
Options, respectively. These sections
will be eliminated in their entirety.3
3 The
Exchange proposes to update section
references to take into account the new section
numbers when these two sections are removed.
Jkt 235001
PO 00000
Frm 00156
Fmt 4703
Sfmt 4703
9843
2. The definition of Mini Options in
the Preface.
3. Language related to combining
volume in Standard Options and Mini
Options to calculate Priority Customer
ADV and Priority Customer Complex
ADV in the footnotes to Sections I and
II.
4. QCC and Solicitation Rebate for
Mini Options in Section VI, A,
including language related to combining
volume in Standard Options and Mini
Options to determine applicable volume
tiers.
5. ISE Market Maker Discount Tiers
for Mini Options in Section VI, C,
including language related to combining
volume in Standard Options and Mini
Options to determine applicable volume
tiers.
6. Payment for Order Flow fees for
Mini Options in Non-Penny Pilot
Symbols in Section VI, D.
7. Route-out fees for Mini Options in
Section VI, F.
8. The Credit for Responses to Flash
Orders in Mini Options in Section VI, G.
9. The service fee for Crossing Orders
in Mini Options in Section VI, H.
10. Language related to charging the
Options Regulatory Fee for options
transactions in Mini Options in Section
IX, C.
In connection with the above changes,
the Exchange further proposes to
remove related references to Standard
Options, as the distinction between
Standard Options and Mini Options is
no longer necessary with the delisting of
Mini Options.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,4
in general, and Section 6(b)(4) of the
Act,5 in particular, in that it is designed
to provide for the equitable allocation of
reasonable dues, fees, and other charges
among its members and other persons
using its facilities.
Specifically, the Exchange believes
that the proposed rule change is
reasonable, equitable, and not unfairly
discriminatory as all Mini Option
classes have been delisted on the
Exchange as of the close of business on
December 17, 2014. The Exchange
believes that eliminating fees and
rebates for Mini Options (and removing
superfluous references to Standard
Options) will simplify the Schedule of
Fees and reduce investor confusion as to
what products trade on the Exchange.
Section references in this proposed rule change are
to the current section numbers.
4 15 U.S.C. 78f.
5 15 U.S.C. 78f(b)(4).
E:\FR\FM\24FEN1.SGM
24FEN1
Agencies
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9841-9843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03665]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74291; File No. SR-MIAX-2015-09]
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 18, 2015.
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 5, 2015, Miami International
Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is filing a proposal to amend the MIAX Options Fee
Schedule.
The 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
[[Page 9842]]
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 the MIAX Select Symbols \3\ section
of the Priority Customer Rebate Program (the ``Program'') \4\ to
replace the option class ``WAG'' with ``WBA''.
---------------------------------------------------------------------------
\3\ The term ``MIAX Select Symbols'' currently means options
overlying AA, AAL, AAPL, AIG, AMAT, AMD, AMZN, BA, BABA, BBRY, BIDU,
BP, C, CAT, CBS, CELG, CLF, CVX, DAL, EBAY, EEM, FB, FCX, GE, GILD,
GLD, GM, GOOGL, GPRO, HAL, HTZ, INTC, IWM, JCP, JNJ, JPM, KMI, KO,
MO, MRK, NFLX, NOK, NQ, ORCL, PBR, PFE, PG, QCOM, QQQ, RIG, S, SPY,
SUNE, T, TSLA, USO, VALE, VXX, WAG, WFC, WMB, WY, X, XHB, XLE, XLF,
XLP, XOM, XOP, and YHOO.
\4\ See Securities Exchange Act Release Nos. 73328 (October 9,
2014), 79 FR 62230 (October 16, 2014) (SR-MIAX-2014-50); 72567 (July
8, 2014), 79 FR 40818 (July 14, 2014) (SR-MIAX-2014-34); 72356 (June
10, 2014), 79 FR 34384 (June 16, 2014) (SR-MIAX-2014-26); 71698
(March 12, 2014), 79 FR 15185 (March 18, 2014) (SR-MIAX-2014-12);
71700 (March 12, 2014), 79 FR 15188 (March 18, 2014) (SR-MIAX-2014-
13); 71283 (January 10, 2014), 79 FR 2914 (January 16, 2014) (SR-
MIAX-2013-63); 71009 (December 6, 2013), 78 FR 75629 (December 12,
2013) (SR-MIAX-2013-56).
---------------------------------------------------------------------------
Walgreens recently completed a corporate transaction that resulted
in Walgreens becoming a wholly owned subsidiary of Walgreens Boots
Alliance, Inc., and shares of Walgreens common stock being converted
into shares of Walgreens Boots Alliance common stock on a one-for-one
basis. In addition, the new shares of Walgreens Boots Alliance were
given a new symbol ``WBA''. The Exchange now proposes to amend the Fee
Schedule to change the symbol in the MIAX Select Symbols from ``WAG''
to ``WBA'' to correspond with this change. The change is designed to
ensure that there is no confusion amongst market participants that
Walgreens will continue to remain in the MIAX Select Symbols. Walgreens
completed its corporate transaction on December 30, 2014, with the new
symbol commencing trading on December 31, 2014.
2. Statutory Basis
The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \5\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \6\ in particular, in that it
is an equitable allocation of reasonable fees and other charges among
Exchange members.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
In particular, the proposal to change the Walgreens symbol to its
new designation is consistent with the Act because the proposed change
is merely updating the corresponding symbol to allow for Walgreens to
continue to remain in the MIAX Select Symbols. The proposed change will
allow for continued benefit to investors by providing them an updated
reference to a symbol in the Fee Schedule.
The Exchange believes that the proposal to modify the Program to
amend an option class that qualifies for the credit for transactions in
MIAX Select Symbols is fair, equitable and not unreasonably
discriminatory. The credit for transactions in the select symbols is
reasonably designed because it will incent providers of Priority
Customer order flow to send that Priority Customer order flow to the
Exchange in order to receive a credit in a manner that enables the
Exchange to improve its overall competitiveness and strengthen its
market quality for all market participants. The Program which provides
increased incentives in high volume select symbols is also reasonably
designed to increase the competitiveness of the Exchange with other
options exchanges that also offer increased incentives to higher volume
symbols. The proposed change to the rebate Program is fair and
equitable and not unreasonably discriminatory because it will apply
equally to all Priority Customer orders in the select symbols. All
similarly situated Priority Customer orders in the select symbols are
subject to the same rebate schedule, and access to the Exchange is
offered on terms that are not unfairly discriminatory. In addition, the
Program is equitable and not unfairly discriminatory because, while
only Priority Customer order flow qualifies for the Program, an
increase in Priority Customer order flow will bring greater volume and
liquidity, which benefit all market participants by providing more
trading opportunities and tighter spreads.
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 rule change is a
not a competitive filing but rather is designed to update the new
underlying symbol for Walgreens in order to avoid potential confusion
on the part of market participants.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\7\ 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.
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\7\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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-2015-09 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549.
All submissions should refer to File Number SR-MIAX-2015-09. 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
[[Page 9843]]
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-2015-09 and should be submitted on or before March
17, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03665 Filed 2-23-15; 8:45 am]
BILLING CODE 8011-01-P