Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule, 46734-46737 [2016-16858]
Download as PDF
46734
Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices
designates the proposed rule change to
be operative on July 18, 2016.15
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–
Phlx–2016–75 on the subject line.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–Phlx–2016–75. 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 the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–Phlx–
2016–75 and should be submitted on or
before August 8, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–16859 Filed 7–15–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78299; File No. SR–MIAX–
2016–20]
Self-Regulatory Organizations; Miami
International Securities Exchange LLC;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend Its Fee Schedule
July 12, 2016.
Pursuant to the provisions of section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’),1 and Rule 19b–4
thereunder,2 notice is hereby given that
on June 30, 2016, Miami International
Securities Exchange LLC (‘‘MIAX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) a proposed rule change
as described in Items I, II, and III below,
which Items have been prepared by the
Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing a proposal to
amend the MIAX Options Fee Schedule
(the ‘‘Fee Schedule’’).
The text of the proposed rule change
is available on the Exchange’s Web site
at https://www.miaxoptions.com/filter/
wotitle/rule_filing, at MIAX’s principal
office, and at the Commission’s Public
Reference Room.
15 For purposes only of waiving the operative
delay, the Commission has considered the proposed
rule’s impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
VerDate Sep<11>2014
17:52 Jul 15, 2016
Jkt 238001
PO 00000
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
Frm 00095
Fmt 4703
Sfmt 4703
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
Fee Schedule to assess certain existing
transaction fees, provide certain existing
credits, and to afford certain existing
discounts, concerning executions
stemming from unrelated MIAX Market
Maker quotes and unrelated MIAX
Market Maker orders that participate in
the MIAX PRIME Auction, as described
more fully below.
The Exchange proposes to amend
section (1)(a)(i) of the Fee Schedule
concerning Market Maker 3 Transaction
Fees to exclude volume related to
certain transaction fees and rebates for
Members that participate in the price
improvement auction (‘‘PRIME
Auction’’ or ‘‘PRIME’’) pursuant to
Exchange Rule 515A,4 and to state
3 The term ‘‘Market Makers’’ refers to ‘‘Lead
Market Makers’’, ‘‘Primary Lead Market Makers’’
and ‘‘Registered Market Makers’’ collectively. The
term ‘‘Lead Market Maker’’ means a Member
registered with the Exchange for the purpose of
making markets in securities traded on the
Exchange and that is vested with the rights and
responsibilities specified in chapter VI of the
Exchange’s Rules with respect to Lead Market
Makers. When a Lead Market Maker is appointed
to act in the capacity of a Primary Lead Market
Maker, the additional rights and responsibilities of
a Primary Lead Market Maker specified in chapter
VI of the Exchange’s Rules will apply. The term
‘‘Primary Lead Market Maker’’ means a Lead Market
Maker appointed by the Exchange to act as the
Primary Lead Market Maker for the purpose of
making markets in securities traded on the
Exchange. The Primary Lead Market Maker is
vested with the rights and responsibilities specified
in chapter VI of the Exchange’s Rules with respect
to Primary Lead Market Makers. The term
‘‘Registered Market Maker’’ means a Member
registered with the Exchange for the purpose of
making markets in securities traded on the
Exchange, who is not a Lead Market Maker and is
vested with the rights and responsibilities specified
in chapter VI of the Exchange’s Rules with respect
to Registered Market Makers. See Exchange Rule
100.
4 See Exchange Rule 515A. See also Securities
Exchange Act Release Nos. 71640 (March 4, 2014),
E:\FR\FM\18JYN1.SGM
18JYN1
Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
specifically in section (1)(i)(v) of the Fee
Schedule that MIAX will assess the
Responder to PRIME Auction Fee to: (i)
A PRIME AOC Response that executes
against a PRIME Order, and (ii) a PRIME
Participating Quote or Order (defined
below). The Exchange also proposes to
amend section (1)(a)(v) to afford the
same discounted fee to Prime
Participating Quotes or Orders (defined
below) that already applies to PRIME
AOC Responses, as described more fully
below. Under the proposal, MIAX will
apply the PRIME Break-up credit
(defined below) to the Electronic
Exchange Member (‘‘EEM’’) 5 that
submitted the initiating PRIME Order
for agency contracts that are submitted
to the PRIME Auction that trade with a
PRIME AOC Response or with a PRIME
Participating Quote or Order (defined
below). The Exchange also proposes to
amend section (1)(b) of the Fee
Schedule to state that MIAX will not
assess a Marketing Fee to Market Makers
for contracts executed as a PRIME
Participating Quote or Order (defined
below).
PRIME is a process by which a
Member may electronically submit for
execution an order it represents as agent
(‘‘Agency Order’’) against principal
interest and/or an Agency Order against
solicited interest. The Agency Order is
referred to as a ‘‘PRIME Agency Order’’
for purposes of Section 1(b) of the Fee
Schedule. The Member that submits the
PRIME Agency Order (the ‘‘Initiating
Member’’) agrees to guarantee the
execution of the PRIME Agency Order
by submitting a contra-side order
representing principal interest or
solicited interest (‘‘Contra-side Order’’).6
When the Exchange receives a properly
designated Agency Order for Auction
processing, a Request for Responses
(‘‘RFR’’) detailing the option, side, size,
and initiating price will be sent to all
subscribers of the Exchange’s data feeds.
Members may submit responses to the
RFR (specifying prices and sizes). RFR
responses can be either an Auction or
Cancel (‘‘AOC’’) order or an AOC
eQuote.7
The Exchange proposes to amend
section (1) of the Fee Schedule to
79 FR 13334 (March 10, 2014) (SR–MIAX–2014–09)
(‘‘Notice’’); 72009 (April 23, 2014), 79 FR 24032
(April 29, 2014) (SR–MIAX–2014–09).
5 The term ‘‘Electronic Exchange Member’’ means
the holder of a Trading Permit who is not a Market
Maker. Electronic Exchange Members are deemed
‘‘members’’ under the Exchange Act. See Exchange
Rule 100.
6 The paired order submitted to PRIME that
includes both the PRIME Agency Order and the
Contra-side Order is referred to as the PRIME Order
for purposes of the Fee Schedule.
7 See Exchange Rules 515A(a)(2)(i)(D), 516(b)(4),
517(a)(2)(ii).
VerDate Sep<11>2014
17:52 Jul 15, 2016
Jkt 238001
exclude from the volume
determinations in the Market Maker
Sliding Scale 8 both PRIME AOC
Responses and unrelated MIAX Market
Maker quotes or unrelated MIAX Market
Maker orders that are received during
the Response Time Interval and
executed against the PRIME Order. Such
unrelated MIAX Market Maker quotes or
unrelated MIAX Market Maker orders
will be referred to as ‘‘PRIME
Participating Quotes or Orders’’ in the
Fee Schedule. The Exchange believes
that PRIME AOC Responses should be
excluded from the volume threshold
determinations with regards to nonPRIME transaction fees because the
PRIME Fees set forth in section (1)(a)(v)
of the Fee Schedule and discussed
below are distinct from the Market
Maker Transaction Fees described in
Section (1)(a)(i). The volume threshold
tiers included in the Market Maker
Sliding Scale in Section (1)(a) are
intended to provide incentive for
Market Makers to quote aggressively
outside of the PRIME Auction and to
reward volume generated from such
quotes, whereas the PRIME Fees do not
have a sliding scale and are not
dependent on percentage volume tiers.
Instead, transactions by PRIME
Responders already are assessed fees
based upon responses to an Auction
notification and are distinguished from
regular transaction fees that result from
different quoting behavior. Thus, the
Exchange believes that it is appropriate
to exclude PRIME AOC Responses from
the calculation of the volume tier
thresholds in the Market Maker Sliding
Scale.
Similarly, the Exchange believes that
PRIME Participating Quotes or Orders
should also be excluded from the
section (1)(a)(i) volume determinations
in the Market Maker Sliding Scale
because a PRIME Participating Quote or
Order has the same effect as a PRIME
AOC Response (i.e., it is received during
the Response Time Interval and
executed against the PRIME Order). As
described more fully below, PRIME
Participating Quotes or Orders will be
assessed the same Responder to PRIME
Auction Fees and credits that are
assessed and credited to PRIME AOC
Responses.
The Exchange proposes to amend
section (1)(i)(v) of the Fee Schedule to
8 The MIAX Market Maker Sliding Scale for
transaction fees reduces a MIAX Market Maker’s per
contract transaction fee based on percentages of
total national Market Maker volume of any options
classes that trade on the exchange during the
calendar month. The Market Maker Sliding Scale
applies to all MIAX Market Makers for transactions
in all products except mini-options. See Fee
Schedule, section (1)(a)(i).
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
46735
state clearly that MIAX will assess the
Responder to PRIME Auction Fee to: (i)
A PRIME AOC Response that executes
against a PRIME Order, and (ii) a PRIME
Participating Quote or Order.
Currently, the Exchange assesses
PRIME AOC Responses a Responder to
PRIME Auction Fee of $0.50 per
contract for standard options in Penny
Pilot classes and $0.99 per contract in
non-Penny Pilot classes. The Exchange
is not proposing to amend these fees;
the Exchange is simply proposing to add
clarifying language to section (1)(a)(v) to
state that MIAX will assess the
Responder to PRIME Auction Fee to a
PRIME AOC Response that executes
against a PRIME Order, and add that the
Responder to PRIME Auction Fee will
also apply to a PRIME Participating
Quote or Order. The Exchange believes
it is appropriate to assess the same fees
to PRIME Participating Quotes or Orders
that are assessed to Market Maker
responders to the PRIME Auction
because PRIME Participating Quotes or
Orders receive the same benefit of
trading against the PRIME Order. PRIME
Participating Quotes or Orders interact
in the same manner in the PRIME
Auction and receive the same Market
Maker trade allocation as MIAX Market
Maker responders to the PRIME
Auction 9 despite being submitted
outside of the PRIME Auction. The
Exchange believes that it is fair and
reasonable to assess the same fees to
MIAX Market Makers for all quotes or
orders that benefit equally from
interaction with the PRIME Order,
regardless of whether they are submitted
as PRIME Auction Responses or as
PRIME Participating Orders or Quotes.
The Exchange notes that, while Market
Maker Transaction Fees described in
section (1)(a)(i) may be subject to
Marketing Fees (as set forth in section
(1)(b) of the Fee Schedule and discussed
below), PRIME AOC Responses and
PRIME Participating Quotes or Orders
will not be subject to Marketing Fees.
This treatment of the Marketing Fees is
consistent with the Exchange’s current
Fee Schedule since the Responder to
Prime Auction Fee of $.50 is not subject
to Marketing Fees.
The Exchange also proposes to
include PRIME Participating Quotes or
Orders in the determination of the
Prime Break-up Credit. The PRIME
Break-up Credit is currently credited on
a per contract basis to the Initiating EEM
for each PRIME Order contract that
trades with a PRIME AOC Response.
The Exchange currently applies a per
contract PRIME Break-up Credit of $0.25
for Penny Classes, and $0.60 for non9 See
E:\FR\FM\18JYN1.SGM
Exchange Rule 515A(a)(2)(iii).
18JYN1
46736
Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Penny Classes, to MIAX Market Makers.
The Exchange is not proposing to
amend these credits; the Exchange is
simply proposing that in addition to
trades with PRIME AOC Responses,
MIAX will apply the PRIME Break-up
Credit to the EEM that submitted the
PRIME Order for agency 10 contracts that
are submitted to the PRIME Auction that
trade with a PRIME Participating Quote
or Order. The Exchange believes that,
just as with respect to the PRIME
Auction Responder Fees described
above, the PRIME Break-up Credit
should apply to PRIME Participating
Quotes or Orders because a PRIME
Participating Quote or Order serves the
same function as a PRIME AOC
Response (i.e., it is received during the
Response Time Interval and executed
against the PRIME Order). The Exchange
does not currently apply the PRIME
Break-up Credit to the Initiating EEM for
those PRIME Order contracts that trade
with unrelated quotes and orders. Other
than the proposed change with regard to
PRIME Participating Quotes or Orders
discussed above, the Exchange is not
proposing any additional change to the
application of PRIME Break-up Credits.
The Exchange will continue its current
practice of not applying the PRIME
Break-up Credit to Initiating EEMs for
those PRIME Order contracts that trade
with unrelated (i.e., non-MIAX Market
Maker) orders.
The Exchange is also proposing to
amend section (1)(a)(v) of the Fee
Schedule to include PRIME
Participating Quotes or Orders in certain
discounted fees that apply to qualifying
Members and affiliates, which will be
known as the Discounted PRIME
Response Fee. The Discounted PRIME
Response Fee is $0.46 per contract for
standard options in Penny Pilot classes,
and $0.95 per contract for standard
options in non-Penny Pilot classes.
The Discounted PRIME Response Fee,
which already applies to PRIME AOC
Responses (currently known as the
PRIME AOC Response Fee), would
apply to any Member or its affiliates of
at least 75% common ownership
between the firms as reflected on each
firm’s Form BD, Schedule A, that
qualifies for the Priority Customer
Rebate Program 11 volume tiers 3 or 4
and submits a PRIME Participating
10 The Exchange is proposing to add the word
‘‘agency’’ to this provision for clarity.
11 MIAX credits each Member the per contract
amount resulting from each Priority Customer order
transmitted by that Member which is executed
electronically on the Exchange in all multiply-listed
option classes (with certain exclusions) provided
the Member meets certain percentage thresholds in
a month as described in the Priority Customer
Rebate Program table. See Fee Schedule Section
(1)(a)(iii).
VerDate Sep<11>2014
17:52 Jul 15, 2016
Jkt 238001
Quote or Order that is received during
the Response Time Interval and
executed against the PRIME Order.
Members and their affiliates that meet
the above criteria qualify for the
Discounted PRIME Response Fee
through activity that falls outside of the
PRIME Auction (i.e., submitting Priority
Customer Orders for execution on the
Exchange). The Exchange believes that a
Member that submits a sufficient
number Priority Customer Orders to
qualify for Priority Customer Rebate
Program volume tiers 3 or 4 should
receive the benefit of the Discounted
PRIME Response Fee, and the Exchange
proposes to reward such Members and
their qualified affiliates equally for
PRIME AOC Responses and PRIME
Participating Quotes or Orders.
The Exchange believes that assessing
the Discounted PRIME Response Fee to
PRIME Participating Quotes or Orders is
a fair treatment of PRIME Participating
Quotes or Orders because it puts them
on equal footing with PRIME AOC
Responses, which serve the same
function (i.e., execution against PRIME
Orders) during the Response Time
Interval, and qualifying Members and
affiliates submitting [sic] The Exchange
will continue its current practice of not
applying the PRIME Break-up Credit to
Initiating EEMs for those PRIME Order
contracts that trade with unrelated (nonMIAX Market Maker) orders. should be
entitled to the same discount [sic]. The
Exchange is also proposing to exclude
PRIME Participating Quotes or Orders
from the Marketing Fees described in
section (1)(b) of the Fee Schedule.
Currently, MIAX assesses a Marketing
Fee to all Market Makers for contracts,
including mini options, they execute in
their assigned classes when the contraparty to the execution is a Priority
Customer. MIAX will not assess a
Marketing Fee to Market Makers for
contracts executed as a PRIME Agency
Order, Contra-side Order, Qualified
Contingent Cross Order, or a PRIME
AOC Response in the PRIME Auction;
unless it executes against an unrelated
order. The Exchange proposes to amend
section (1)(b) to exclude PRIME
Participating Quotes or Orders from the
Marketing Fees as well. The Exchange
believes that this treatment of the
PRIME Participating Quote, on an equal
basis with a PRIME AOC Response, is
consistent with the proposed fees and
credits described above.
Finally, the Exchange is proposing to
exclude PRIME Participating Quotes or
Orders from the Posted Liquidity
Marketing Fee described in section
(1)(b). MIAX currently assesses an
additional $0.12 per contract Posted
Liquidity Marketing Fee to all Market
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
Makers for any standard options
overlying EEM, GLD, IWM, QQQ, and
SPY that Market Makers execute in their
assigned class when the contra-party to
the execution is a Priority Customer and
the Priority Customer order was posted
on the MIAX Book at the time of the
execution. MIAX does not assess the
additional Posted Liquidity Marketing
Fee to Market Makers for contracts
executed as a PRIME Agency Order,
Contra-side Order, Qualified Contingent
Cross Order, or a PRIME AOC Response
in the PRIME Auction. In order to
ensure the same treatment afforded to
PRIME AOC Responses, the Exchange is
proposing to exclude contracts executed
as PRIME Participating Quotes from the
Posted Liquidity Marketing Fee.
The proposed changes to the Fee
Schedule will become operative on July
1, 2016.
2. Statutory Basis
The Exchange believes that its
proposal to amend its fee schedule is
consistent with section 6(b) of the Act 12
in general, and furthers the objectives of
section 6(b)(4) of the Act 13 and section
6(b)(5) of the Act 14 in particular, in that
it is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in, securities, to
remove impediments to and perfect the
mechanisms of a free and open market
and a national market system and, in
general, to protect investors and the
public interest, and in that it is an
equitable allocation of reasonable fees
and other charges among Exchange
members.
The Exchange’s proposal to exclude
from the volume threshold
determination volume related to PRIME
AOC Responses and PRIME
Participating Quotes or Orders is
reasonable because the Exchange
already assesses a separate fee for such
transactions from the same Market
Makers that receive the benefit of
interaction with the PRIME Order in the
PRIME Auction. The Exchange’s
proposal to exclude PRIME Auctionrelated volume from the non-PRIME
Auction-related volume threshold
determination for Market Maker
Transaction Fees is equitable and not
unfairly discriminatory because the
exclusion will apply to all Market
Makers.
12 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
14 15 U.S.C. 78f(b)(5).
13 15
E:\FR\FM\18JYN1.SGM
18JYN1
Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The Exchange’s determination not to
apply the PRIME Auction-related
volume to the section (1)(a)(i) tiers
reflects the Exchange’s belief that these
volume tiers are related to quoting and
trading activity that falls outside of the
PRIME Auction, and that discounted per
contract fees for non-PRIME Auction
activity should be earned by achieving
certain volume thresholds in the Market
Maker Sliding Scale through non-PRIME
Auction activity.
The Exchange believes that a Member
that submits a sufficient number of
Priority Customer Orders to qualify for
the Priority Customer Rebate Program
volume tiers 3 or 4 should receive the
benefit of the Discounted PRIME
Response Fee, and the Exchange
proposes to reward such Members and
their qualified affiliates equally for
PRIME AOC Responses and PRIME
Participating Quotes or Orders. Such a
reward should provide incentive to
Members to submit a greater number of
Priority Customer Orders to the
Exchange, thus removing impediments
to and perfecting the mechanisms of a
free and open market and a national
market system by providing more
opportunities for the execution of
Priority Customer Orders on the
Exchange. Additionally, the Discounted
PRIME Response Fee is fair and
reasonable because it will apply equally
to PRIME AOC Responses, as it does
today, and to PRIME Participating
Quotes or Orders, both of which result
in executions against the PRIME Order
regardless of whether they are submitted
as an Auction Response or as an
unrelated quote or order.
Additionally, the proposed
amendments to the Fee Schedule
represent the equitable allocation of
reasonable fees and other charges among
Exchange members, because the
proposed fees and credits applicable to
Market Makers and EEMs relating to
PRIME Participating Quotes or Orders
are identical to the fees and credits
applicable to PRIME AOC Responses,
which function in the same manner as
PRIME Participating Quotes or Orders.
Moreover, the proposed amendments
are equitable and reasonable because the
same fees and credits apply equally to
all participants in each category (Market
Makers or EEMs) respectively.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
Exchange notes that it operates in a
highly competitive market in which
VerDate Sep<11>2014
17:52 Jul 15, 2016
Jkt 238001
market participants can readily favor
competing venues if they deem fee
levels at a particular venue to be
excessive. In such an environment, the
Exchange must continually adjust its
fees to remain competitive with other
exchanges and to attract order flow. The
Exchange believes that the proposed
rule change reflects this competitive
environment because it modifies the
Exchange’s Market Maker transaction
fees in a manner that encourages market
participants to provide liquidity and to
send order flow to the Exchange both in
the PRIME Auction and outside the
PRIME Auction.
The Exchange believes that the
proposal enhances competition by
providing incentives such as the
Discounted PRIME Response Fee to
Members and their qualified affiliates
that submit Priority Customer Orders to
the Exchange, which deepens liquidity
on the Exchange and thus provides
more opportunities to execute
transactions on MIAX.
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,15 and Rule
19b–4(f)(2) 16 thereunder. At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule should be
approved or disapproved.
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:
PO 00000
15 15
16 17
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–2016–20 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–MIAX–2016–20. 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–
2016–20, and should be submitted on or
before August 8, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–16858 Filed 7–15–16; 8:45 am]
BILLING CODE 8011–01–P
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
Frm 00098
Fmt 4703
Sfmt 9990
46737
E:\FR\FM\18JYN1.SGM
18JYN1
Agencies
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46734-46737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16858]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78299; File No. SR-MIAX-2016-20]
Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fee Schedule
July 12, 2016.
Pursuant to the provisions of section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on June 30, 2016, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is filing a proposal to amend the MIAX Options Fee
Schedule (the ``Fee Schedule'').
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 amend its Fee Schedule to assess certain
existing transaction fees, provide certain existing credits, and to
afford certain existing discounts, concerning executions stemming from
unrelated MIAX Market Maker quotes and unrelated MIAX Market Maker
orders that participate in the MIAX PRIME Auction, as described more
fully below.
The Exchange proposes to amend section (1)(a)(i) of the Fee
Schedule concerning Market Maker \3\ Transaction Fees to exclude volume
related to certain transaction fees and rebates for Members that
participate in the price improvement auction (``PRIME Auction'' or
``PRIME'') pursuant to Exchange Rule 515A,\4\ and to state
[[Page 46735]]
specifically in section (1)(i)(v) of the Fee Schedule that MIAX will
assess the Responder to PRIME Auction Fee to: (i) A PRIME AOC Response
that executes against a PRIME Order, and (ii) a PRIME Participating
Quote or Order (defined below). The Exchange also proposes to amend
section (1)(a)(v) to afford the same discounted fee to Prime
Participating Quotes or Orders (defined below) that already applies to
PRIME AOC Responses, as described more fully below. Under the proposal,
MIAX will apply the PRIME Break-up credit (defined below) to the
Electronic Exchange Member (``EEM'') \5\ that submitted the initiating
PRIME Order for agency contracts that are submitted to the PRIME
Auction that trade with a PRIME AOC Response or with a PRIME
Participating Quote or Order (defined below). The Exchange also
proposes to amend section (1)(b) of the Fee Schedule to state that MIAX
will not assess a Marketing Fee to Market Makers for contracts executed
as a PRIME Participating Quote or Order (defined below).
---------------------------------------------------------------------------
\3\ The term ``Market Makers'' refers to ``Lead Market Makers'',
``Primary Lead Market Makers'' and ``Registered Market Makers''
collectively. The term ``Lead Market Maker'' means a Member
registered with the Exchange for the purpose of making markets in
securities traded on the Exchange and that is vested with the rights
and responsibilities specified in chapter VI of the Exchange's Rules
with respect to Lead Market Makers. When a Lead Market Maker is
appointed to act in the capacity of a Primary Lead Market Maker, the
additional rights and responsibilities of a Primary Lead Market
Maker specified in chapter VI of the Exchange's Rules will apply.
The term ``Primary Lead Market Maker'' means a Lead Market Maker
appointed by the Exchange to act as the Primary Lead Market Maker
for the purpose of making markets in securities traded on the
Exchange. The Primary Lead Market Maker is vested with the rights
and responsibilities specified in chapter VI of the Exchange's Rules
with respect to Primary Lead Market Makers. The term ``Registered
Market Maker'' means a Member registered with the Exchange for the
purpose of making markets in securities traded on the Exchange, who
is not a Lead Market Maker and is vested with the rights and
responsibilities specified in chapter VI of the Exchange's Rules
with respect to Registered Market Makers. See Exchange Rule 100.
\4\ See Exchange Rule 515A. See also Securities Exchange Act
Release Nos. 71640 (March 4, 2014), 79 FR 13334 (March 10, 2014)
(SR-MIAX-2014-09) (``Notice''); 72009 (April 23, 2014), 79 FR 24032
(April 29, 2014) (SR-MIAX-2014-09).
\5\ The term ``Electronic Exchange Member'' means the holder of
a Trading Permit who is not a Market Maker. Electronic Exchange
Members are deemed ``members'' under the Exchange Act. See Exchange
Rule 100.
---------------------------------------------------------------------------
PRIME is a process by which a Member may electronically submit for
execution an order it represents as agent (``Agency Order'') against
principal interest and/or an Agency Order against solicited interest.
The Agency Order is referred to as a ``PRIME Agency Order'' for
purposes of Section 1(b) of the Fee Schedule. The Member that submits
the PRIME Agency Order (the ``Initiating Member'') agrees to guarantee
the execution of the PRIME Agency Order by submitting a contra-side
order representing principal interest or solicited interest (``Contra-
side Order'').\6\ When the Exchange receives a properly designated
Agency Order for Auction processing, a Request for Responses (``RFR'')
detailing the option, side, size, and initiating price will be sent to
all subscribers of the Exchange's data feeds. Members may submit
responses to the RFR (specifying prices and sizes). RFR responses can
be either an Auction or Cancel (``AOC'') order or an AOC eQuote.\7\
---------------------------------------------------------------------------
\6\ The paired order submitted to PRIME that includes both the
PRIME Agency Order and the Contra-side Order is referred to as the
PRIME Order for purposes of the Fee Schedule.
\7\ See Exchange Rules 515A(a)(2)(i)(D), 516(b)(4),
517(a)(2)(ii).
---------------------------------------------------------------------------
The Exchange proposes to amend section (1) of the Fee Schedule to
exclude from the volume determinations in the Market Maker Sliding
Scale \8\ both PRIME AOC Responses and unrelated MIAX Market Maker
quotes or unrelated MIAX Market Maker orders that are received during
the Response Time Interval and executed against the PRIME Order. Such
unrelated MIAX Market Maker quotes or unrelated MIAX Market Maker
orders will be referred to as ``PRIME Participating Quotes or Orders''
in the Fee Schedule. The Exchange believes that PRIME AOC Responses
should be excluded from the volume threshold determinations with
regards to non-PRIME transaction fees because the PRIME Fees set forth
in section (1)(a)(v) of the Fee Schedule and discussed below are
distinct from the Market Maker Transaction Fees described in Section
(1)(a)(i). The volume threshold tiers included in the Market Maker
Sliding Scale in Section (1)(a) are intended to provide incentive for
Market Makers to quote aggressively outside of the PRIME Auction and to
reward volume generated from such quotes, whereas the PRIME Fees do not
have a sliding scale and are not dependent on percentage volume tiers.
Instead, transactions by PRIME Responders already are assessed fees
based upon responses to an Auction notification and are distinguished
from regular transaction fees that result from different quoting
behavior. Thus, the Exchange believes that it is appropriate to exclude
PRIME AOC Responses from the calculation of the volume tier thresholds
in the Market Maker Sliding Scale.
---------------------------------------------------------------------------
\8\ The MIAX Market Maker Sliding Scale for transaction fees
reduces a MIAX Market Maker's per contract transaction fee based on
percentages of total national Market Maker volume of any options
classes that trade on the exchange during the calendar month. The
Market Maker Sliding Scale applies to all MIAX Market Makers for
transactions in all products except mini-options. See Fee Schedule,
section (1)(a)(i).
---------------------------------------------------------------------------
Similarly, the Exchange believes that PRIME Participating Quotes or
Orders should also be excluded from the section (1)(a)(i) volume
determinations in the Market Maker Sliding Scale because a PRIME
Participating Quote or Order has the same effect as a PRIME AOC
Response (i.e., it is received during the Response Time Interval and
executed against the PRIME Order). As described more fully below, PRIME
Participating Quotes or Orders will be assessed the same Responder to
PRIME Auction Fees and credits that are assessed and credited to PRIME
AOC Responses.
The Exchange proposes to amend section (1)(i)(v) of the Fee
Schedule to state clearly that MIAX will assess the Responder to PRIME
Auction Fee to: (i) A PRIME AOC Response that executes against a PRIME
Order, and (ii) a PRIME Participating Quote or Order.
Currently, the Exchange assesses PRIME AOC Responses a Responder to
PRIME Auction Fee of $0.50 per contract for standard options in Penny
Pilot classes and $0.99 per contract in non-Penny Pilot classes. The
Exchange is not proposing to amend these fees; the Exchange is simply
proposing to add clarifying language to section (1)(a)(v) to state that
MIAX will assess the Responder to PRIME Auction Fee to a PRIME AOC
Response that executes against a PRIME Order, and add that the
Responder to PRIME Auction Fee will also apply to a PRIME Participating
Quote or Order. The Exchange believes it is appropriate to assess the
same fees to PRIME Participating Quotes or Orders that are assessed to
Market Maker responders to the PRIME Auction because PRIME
Participating Quotes or Orders receive the same benefit of trading
against the PRIME Order. PRIME Participating Quotes or Orders interact
in the same manner in the PRIME Auction and receive the same Market
Maker trade allocation as MIAX Market Maker responders to the PRIME
Auction \9\ despite being submitted outside of the PRIME Auction. The
Exchange believes that it is fair and reasonable to assess the same
fees to MIAX Market Makers for all quotes or orders that benefit
equally from interaction with the PRIME Order, regardless of whether
they are submitted as PRIME Auction Responses or as PRIME Participating
Orders or Quotes. The Exchange notes that, while Market Maker
Transaction Fees described in section (1)(a)(i) may be subject to
Marketing Fees (as set forth in section (1)(b) of the Fee Schedule and
discussed below), PRIME AOC Responses and PRIME Participating Quotes or
Orders will not be subject to Marketing Fees. This treatment of the
Marketing Fees is consistent with the Exchange's current Fee Schedule
since the Responder to Prime Auction Fee of $.50 is not subject to
Marketing Fees.
---------------------------------------------------------------------------
\9\ See Exchange Rule 515A(a)(2)(iii).
---------------------------------------------------------------------------
The Exchange also proposes to include PRIME Participating Quotes or
Orders in the determination of the Prime Break-up Credit. The PRIME
Break-up Credit is currently credited on a per contract basis to the
Initiating EEM for each PRIME Order contract that trades with a PRIME
AOC Response. The Exchange currently applies a per contract PRIME
Break-up Credit of $0.25 for Penny Classes, and $0.60 for non-
[[Page 46736]]
Penny Classes, to MIAX Market Makers. The Exchange is not proposing to
amend these credits; the Exchange is simply proposing that in addition
to trades with PRIME AOC Responses, MIAX will apply the PRIME Break-up
Credit to the EEM that submitted the PRIME Order for agency \10\
contracts that are submitted to the PRIME Auction that trade with a
PRIME Participating Quote or Order. The Exchange believes that, just as
with respect to the PRIME Auction Responder Fees described above, the
PRIME Break-up Credit should apply to PRIME Participating Quotes or
Orders because a PRIME Participating Quote or Order serves the same
function as a PRIME AOC Response (i.e., it is received during the
Response Time Interval and executed against the PRIME Order). The
Exchange does not currently apply the PRIME Break-up Credit to the
Initiating EEM for those PRIME Order contracts that trade with
unrelated quotes and orders. Other than the proposed change with regard
to PRIME Participating Quotes or Orders discussed above, the Exchange
is not proposing any additional change to the application of PRIME
Break-up Credits. The Exchange will continue its current practice of
not applying the PRIME Break-up Credit to Initiating EEMs for those
PRIME Order contracts that trade with unrelated (i.e., non-MIAX Market
Maker) orders.
---------------------------------------------------------------------------
\10\ The Exchange is proposing to add the word ``agency'' to
this provision for clarity.
---------------------------------------------------------------------------
The Exchange is also proposing to amend section (1)(a)(v) of the
Fee Schedule to include PRIME Participating Quotes or Orders in certain
discounted fees that apply to qualifying Members and affiliates, which
will be known as the Discounted PRIME Response Fee. The Discounted
PRIME Response Fee is $0.46 per contract for standard options in Penny
Pilot classes, and $0.95 per contract for standard options in non-Penny
Pilot classes.
The Discounted PRIME Response Fee, which already applies to PRIME
AOC Responses (currently known as the PRIME AOC Response Fee), would
apply to any Member or its affiliates of at least 75% common ownership
between the firms as reflected on each firm's Form BD, Schedule A, that
qualifies for the Priority Customer Rebate Program \11\ volume tiers 3
or 4 and submits a PRIME Participating Quote or Order that is received
during the Response Time Interval and executed against the PRIME Order.
Members and their affiliates that meet the above criteria qualify for
the Discounted PRIME Response Fee through activity that falls outside
of the PRIME Auction (i.e., submitting Priority Customer Orders for
execution on the Exchange). The Exchange believes that a Member that
submits a sufficient number Priority Customer Orders to qualify for
Priority Customer Rebate Program volume tiers 3 or 4 should receive the
benefit of the Discounted PRIME Response Fee, and the Exchange proposes
to reward such Members and their qualified affiliates equally for PRIME
AOC Responses and PRIME Participating Quotes or Orders.
---------------------------------------------------------------------------
\11\ MIAX credits each Member the per contract amount resulting
from each Priority Customer order transmitted by that Member which
is executed electronically on the Exchange in all multiply-listed
option classes (with certain exclusions) provided the Member meets
certain percentage thresholds in a month as described in the
Priority Customer Rebate Program table. See Fee Schedule Section
(1)(a)(iii).
---------------------------------------------------------------------------
The Exchange believes that assessing the Discounted PRIME Response
Fee to PRIME Participating Quotes or Orders is a fair treatment of
PRIME Participating Quotes or Orders because it puts them on equal
footing with PRIME AOC Responses, which serve the same function (i.e.,
execution against PRIME Orders) during the Response Time Interval, and
qualifying Members and affiliates submitting [sic] The Exchange will
continue its current practice of not applying the PRIME Break-up Credit
to Initiating EEMs for those PRIME Order contracts that trade with
unrelated (non-MIAX Market Maker) orders. should be entitled to the
same discount [sic]. The Exchange is also proposing to exclude PRIME
Participating Quotes or Orders from the Marketing Fees described in
section (1)(b) of the Fee Schedule. Currently, MIAX assesses a
Marketing Fee to all Market Makers for contracts, including mini
options, they execute in their assigned classes when the contra-party
to the execution is a Priority Customer. MIAX will not assess a
Marketing Fee to Market Makers for contracts executed as a PRIME Agency
Order, Contra-side Order, Qualified Contingent Cross Order, or a PRIME
AOC Response in the PRIME Auction; unless it executes against an
unrelated order. The Exchange proposes to amend section (1)(b) to
exclude PRIME Participating Quotes or Orders from the Marketing Fees as
well. The Exchange believes that this treatment of the PRIME
Participating Quote, on an equal basis with a PRIME AOC Response, is
consistent with the proposed fees and credits described above.
Finally, the Exchange is proposing to exclude PRIME Participating
Quotes or Orders from the Posted Liquidity Marketing Fee described in
section (1)(b). MIAX currently assesses an additional $0.12 per
contract Posted Liquidity Marketing Fee to all Market Makers for any
standard options overlying EEM, GLD, IWM, QQQ, and SPY that Market
Makers execute in their assigned class when the contra-party to the
execution is a Priority Customer and the Priority Customer order was
posted on the MIAX Book at the time of the execution. MIAX does not
assess the additional Posted Liquidity Marketing Fee to Market Makers
for contracts executed as a PRIME Agency Order, Contra-side Order,
Qualified Contingent Cross Order, or a PRIME AOC Response in the PRIME
Auction. In order to ensure the same treatment afforded to PRIME AOC
Responses, the Exchange is proposing to exclude contracts executed as
PRIME Participating Quotes from the Posted Liquidity Marketing Fee.
The proposed changes to the Fee Schedule will become operative on
July 1, 2016.
2. Statutory Basis
The Exchange believes that its proposal to amend its fee schedule
is consistent with section 6(b) of the Act \12\ in general, and
furthers the objectives of section 6(b)(4) of the Act \13\ and section
6(b)(5) of the Act \14\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in, securities, to remove impediments to and perfect the mechanisms of
a free and open market and a national market system and, in general, to
protect investors and the public interest, and in that it is an
equitable allocation of reasonable fees and other charges among
Exchange members.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(4).
\14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange's proposal to exclude from the volume threshold
determination volume related to PRIME AOC Responses and PRIME
Participating Quotes or Orders is reasonable because the Exchange
already assesses a separate fee for such transactions from the same
Market Makers that receive the benefit of interaction with the PRIME
Order in the PRIME Auction. The Exchange's proposal to exclude PRIME
Auction-related volume from the non-PRIME Auction-related volume
threshold determination for Market Maker Transaction Fees is equitable
and not unfairly discriminatory because the exclusion will apply to all
Market Makers.
[[Page 46737]]
The Exchange's determination not to apply the PRIME Auction-related
volume to the section (1)(a)(i) tiers reflects the Exchange's belief
that these volume tiers are related to quoting and trading activity
that falls outside of the PRIME Auction, and that discounted per
contract fees for non-PRIME Auction activity should be earned by
achieving certain volume thresholds in the Market Maker Sliding Scale
through non-PRIME Auction activity.
The Exchange believes that a Member that submits a sufficient
number of Priority Customer Orders to qualify for the Priority Customer
Rebate Program volume tiers 3 or 4 should receive the benefit of the
Discounted PRIME Response Fee, and the Exchange proposes to reward such
Members and their qualified affiliates equally for PRIME AOC Responses
and PRIME Participating Quotes or Orders. Such a reward should provide
incentive to Members to submit a greater number of Priority Customer
Orders to the Exchange, thus removing impediments to and perfecting the
mechanisms of a free and open market and a national market system by
providing more opportunities for the execution of Priority Customer
Orders on the Exchange. Additionally, the Discounted PRIME Response Fee
is fair and reasonable because it will apply equally to PRIME AOC
Responses, as it does today, and to PRIME Participating Quotes or
Orders, both of which result in executions against the PRIME Order
regardless of whether they are submitted as an Auction Response or as
an unrelated quote or order.
Additionally, the proposed amendments to the Fee Schedule represent
the equitable allocation of reasonable fees and other charges among
Exchange members, because the proposed fees and credits applicable to
Market Makers and EEMs relating to PRIME Participating Quotes or Orders
are identical to the fees and credits applicable to PRIME AOC
Responses, which function in the same manner as PRIME Participating
Quotes or Orders. Moreover, the proposed amendments are equitable and
reasonable because the same fees and credits apply equally to all
participants in each category (Market Makers or EEMs) respectively.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
notes that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive. In such an environment, the
Exchange must continually adjust its fees to remain competitive with
other exchanges and to attract order flow. The Exchange believes that
the proposed rule change reflects this competitive environment because
it modifies the Exchange's Market Maker transaction fees in a manner
that encourages market participants to provide liquidity and to send
order flow to the Exchange both in the PRIME Auction and outside the
PRIME Auction.
The Exchange believes that the proposal enhances competition by
providing incentives such as the Discounted PRIME Response Fee to
Members and their qualified affiliates that submit Priority Customer
Orders to the Exchange, which deepens liquidity on the Exchange and
thus provides more opportunities to execute transactions on MIAX.
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,\15\ and Rule 19b-4(f)(2) \16\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------
\15\ 15 U.S.C. 78s(b)(3)(A)(ii).
\16\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-MIAX-2016-20 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-MIAX-2016-20. 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-2016-20, and should be
submitted on or before August 8, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-16858 Filed 7-15-16; 8:45 am]
BILLING CODE 8011-01-P