Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule, 53527-53529 [2016-19174]
Download as PDF
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Electronic Comments
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 13 and Rule
19b–4(f)(6) thereunder.14 Because the
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
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 15 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),16 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest.
At any time within 60 days of the
filing of such 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
under Section 19(b)(2)(B) 17 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
mstockstill on DSK3G9T082PROD with NOTICES
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:
• 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–NYSEARCA–2016–110 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–NYSEARCA–2016–110.
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–
NYSEARCA–2016–110 and should be
submitted on or before September 2,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Robert W. Errett,
Deputy Secretary.
13 15
[FR Doc. 2016–19175 Filed 8–11–16; 8:45 am]
14 17
BILLING CODE 8011–01–P
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
15 17 CFR 240.19b–4(f)(6).
16 17 CFR 240.19b–4(f)(6)(iii).
17 15 U.S.C. 78s(b)(2)(B).
VerDate Sep<11>2014
18:42 Aug 11, 2016
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78505; File No. SR–MIAX–
2016–23]
Self-Regulatory Organizations; Miami
International Securities Exchange LLC;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend Its Fee Schedule
August 8, 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 August 1, 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
(‘‘Fee Schedule’’) to eliminate certain
Web CRD Fees in order to address the
transition of the Regulatory Element of
Continuing Education (‘‘CE’’) to the
FINRA CE Online System®.
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.
1 15
18 17
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53527
2 17
E:\FR\FM\12AUN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
12AUN1
53528
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to amend Section 2(c) of the
Regulatory Fees section of the Fee
Schedule, Web CRD Fees, to (1) delete
the $100 Continuing Education Fee for
All Registrations, which relates to test
center delivery of the Regulatory
Element of CE, and (2) clarify that the
$55 Continuing Education Fee for All
Registrations if Web-based shall apply
to all registrations without regard to
mode of session delivery.
Specifically, the Exchange proposes to
(1) delete the $100 CE Fee in its entirety,
and (2) with respect to the $55 CE Fee,
delete reference to Web-based delivery
and specify that it is a ‘‘session’’ fee.
MIAX is proposing such Fee Schedule
amendments in conjunction with
FINRA’s transition to CE Online and its
phase out of test center delivery of the
CE Regulatory Element.3
mstockstill on DSK3G9T082PROD with NOTICES
Background
On July 31, 2015, the Commission
approved [sic] SR–FINRA–2015–015
relating to proposed changes to FINRA
Rules to provide for Web-based delivery
completion of the Regulatory Element of
CE requirements. Pursuant to the rule
change, the Regulatory Element of CE
programs is administered through Webbased delivery via the FINRA CE Online
System as of January 4, 2016. Pursuant
to the rule change, the Regulatory
Element of CE programs also continued
to be offered at test centers until no later
than six months after January 4, 2016.
Test-center delivery of the Regulatory
Element has been phased out effective
July 1, 2016.4 On July 11, 2016, the
3 See Securities Exchange Act Release No. 78281
(July 11, 2016), 81 FR 46133 (July 15, 2016) (SR–
FINRA–2016–025) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change Relating to
the Fee for the Regulatory Element of Continuing
Education). See also Securities Exchange Act
Release No. 75581 (July 31, 2015), 80 FR 47018
(August 6, 2015) (SR–FINRA–2015–015) (Notice of
Filing and Immediate Effectiveness of a Proposed
Rule Change to Provide a Web-based Delivery
Method for Completing the Regulatory Element of
the Continuing Education Requirements),
Regulatory Notice 15–28 (August 2015) and
Information Notice, May 16, 2016 (Elimination of
Continuing Education Delivery at Testing Centers).
4 See Information Notice, May 16, 2016
(Elimination of Continuing Education Delivery at
Testing Centers). Notwithstanding such test center
phase out, participants who may need
accommodations in completing their CE session
due to a disability pursuant to the Americans with
Disabilities Act of 1990, Public Law 101–336, 104
Stat. 328 (1990) (‘‘ADA’’) may apply for an
accommodation and complete their CE Regulatory
Element session at a test center. See FINRA’s CE
Online Delivery Accommodation Web page,
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
Commission approved SR–FINRA–
2016–025 relating to proposed changes
to FINRA Fees for the Regulatory
Element of CE.
In January 2016 the Exchange
amended its Rules,5 in consultation
with FINRA and the other exchanges, to
provide for Web-based delivery of the
CE Regulatory Element for registered
persons.
Proposal
The Exchange now proposes to amend
its Fee Schedule to delete the $100 CE
Fee for All Registrations since the test
center delivery option for the Regulatory
Element will no longer be offered 6 and
the $100 fee currently charged for
administration of non-Web-based CE
programs is therefore retired.7
Therefore, the Exchange proposes to
delete this fee from its current Fee
Schedule.
The Exchange further proposes to
clarify that the $55 CE Fee will now
generally apply to all CE sessions
without further specifying the Webbased delivery mode since there will no
longer be more than one mode of CE
delivery.8 Therefore, the Exchange
proposes to delete the reference to Webbased delivery from Section 2(c) of the
Fee Schedule and specify that it is a
‘‘session’’ fee in order to provide clarity
and avoid confusion.
2. Statutory Basis
The Exchange believes that its
proposal to amend its Fee Schedule is
consistent with Section 6(b) of the Act 9
in general, and furthers the objectives of
Section 6(b)(4) of the Act 10 in
particular, in that it is an equitable
allocation of reasonable fees and other
charges among Exchange members and
available at https://www.finra.org/industry/
accommodations-continuing-education-ce-onlineparticipants.
5 See Securities Exchange Act Release No. 76892
(January 13, 2016), 81 FR 3206 (January 20, 2016)
(SR–MIAX–2016–01).
6 See supra note 4.
7 See Securities Exchange Act Release No. 78281
(July 11, 2016), 81 FR 46133 (July 15, 2016) (SR–
FINRA–2016–025) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change Relating to
the Fee for the Regulatory Element of Continuing
Education).
8 With the exception of participants who may
need accommodations in completing their CE
session due to a disability pursuant to the ADA and
to whom the session fee of $55 for the Regulatory
Element shall apply regardless of whether the
session is completed at a test center or through the
CE Online System. See Securities Exchange Act
Release No. 78281 (July 11, 2016), 81 FR 46133
(July 15, 2016) (SR- FINRA–2016–025) (Notice of
Filing and Immediate Effectiveness of a Proposed
Rule Change Relating to the Fee for the Regulatory
Element of Continuing Education).
9 15 U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(4).
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Frm 00134
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Sfmt 4703
issuers and other persons using its
facilities.
The Exchange believes that the
proposal is fair, equitable and not
unreasonably discriminatory because
the fee change applies equally to all
Members and persons associated with
Members. The Exchange believes that
the proposal is reasonable because
FINRA will administer the CE program
only through the FINRA CE Online
System and will no longer offer a testing
center CE delivery option, except as
specifically noted above in which case
FINRA has aligned its $55 session fee
for all participants.11 In addition, the
Exchange believes this session fee is
equitable and not unfairly
discriminatory as it will apply
uniformly to all Members and persons
associated with the Members who
choose to participate in the CE program
provided through FINRA.
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 further believes that the
proposal does not impose any burden
on competition because FINRA has
made, and the Exchange believes that
the other exchanges will make, similar
changes to their fee schedules.12
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,13 and Rule
19b–4(f)(2) 14 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
11 See
supra note 7.
id.
13 15 U.S.C. 78s(b)(3)(A)(ii).
14 17 CFR 240.19b–4(f)(2).
12 See
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12AUN1
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / 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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–19174 Filed 8–11–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
Proposed Collection; Comment
Request
• 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–
MIAX–2016–23 on the subject line.
Upon Written Request, Copy Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736.
Paper Comments
mstockstill on DSK3G9T082PROD with NOTICES
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File No.
SR–MIAX–2016–23. 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 MIAX. 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 No. SR–MIAX–
2016–23 and should be submitted on or
before September 2, 2016.
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
Extension:
Rule 0–4, SEC File No. 270–569, OMB
Control No. 3235–0633.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this collection of
information to the Office of
Management and Budget for extension
and approval.
Rule 0–4 (17 CFR 275.0–4) under the
Investment Advisers Act of 1940 (‘‘Act’’
or ‘‘Advisers Act’’) (15 U.S.C. 80b–1 et
seq.) entitled ‘‘General Requirements of
Papers and Applications,’’ prescribes
general instructions for filing an
application seeking exemptive relief
with the Commission. Rule 0–4
currently requires that every application
for an order for which a form is not
specifically prescribed and which is
executed by a corporation, partnership
or other company and filed with the
Commission contain a statement of the
applicable provisions of the articles of
incorporation, bylaws or similar
documents, relating to the right of the
person signing and filing such
application to take such action on behalf
of the applicant, and a statement that all
such requirements have been complied
with and that the person signing and
filing the application is fully authorized
to do so. If such authorization is
dependent on resolutions of
stockholders, directors, or other bodies,
such resolutions must be attached as an
exhibit to or quoted in the application.
Any amendment to the application must
contain a similar statement as to the
applicability of the original statement of
authorization. When any application or
amendment is signed by an agent or
15 17
PO 00000
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Frm 00135
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53529
attorney, rule 0–4 requires that the
power of attorney evidencing his
authority to sign shall state the basis for
the agent’s authority and shall be filed
with the Commission. Every application
subject to rule 0–4 must be verified by
the person executing the application by
providing a notarized signature in
substantially the form specified in the
rule. Each application subject to rule 0–
4 must state the reasons why the
applicant is deemed to be entitled to the
action requested with a reference to the
provisions of the Act and rules
thereunder, the name and address of
each applicant, and the name and
address of any person to whom any
questions regarding the application
should be directed. Rule 0–4 requires
that a proposed notice of the proceeding
initiated by the filing of the application
accompany each application as an
exhibit and, if necessary, be modified to
reflect any amendment to the
application.
The requirements of rule 0–4 are
designed to provide Commission staff
with the necessary information to assess
whether granting the orders of
exemption are necessary and
appropriate in the public interest and
consistent with the protection of
investors and the intended purposes of
the Act.
Applicants for orders under the
Advisers Act can include registered
investment advisers, affiliated persons
of registered investment advisers, and
entities seeking to avoid investment
adviser status, among others.
Commission staff estimates that it
receives up to 3 applications per year
submitted under rule 0–4 of the Act
seeking relief from various provisions of
the Advisers Act and, in addition, up to
9 applications per year submitted under
Advisers Act rule 206(4)–5, which
addresses certain ‘‘pay to play’’
practices and also provides the
Commission the authority to grant
applications seeking relief from certain
of the rule’s restrictions. Although each
application typically is submitted on
behalf of multiple applicants, the
applicants in the vast majority of cases
are related entities and are treated as a
single respondent for purposes of this
analysis. Most of the work of preparing
an application is performed by outside
counsel and, therefore, imposes no
hourly burden on respondents. The cost
outside counsel charges applicants
depends on the complexity of the issues
covered by the application and the time
required. Based on conversations with
applicants and attorneys, the cost for
applications ranges from approximately
$12,800 for preparing a well-precedent,
routine (or otherwise less involved)
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Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53527-53529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19174]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78505; File No. SR-MIAX-2016-23]
Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fee Schedule
August 8, 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 August 1, 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 (``Fee Schedule'') to eliminate certain Web CRD Fees in order
to address the transition of the Regulatory Element of Continuing
Education (``CE'') to the FINRA CE Online System[supreg].
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.
[[Page 53528]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to amend Section 2(c) of
the Regulatory Fees section of the Fee Schedule, Web CRD Fees, to (1)
delete the $100 Continuing Education Fee for All Registrations, which
relates to test center delivery of the Regulatory Element of CE, and
(2) clarify that the $55 Continuing Education Fee for All Registrations
if Web-based shall apply to all registrations without regard to mode of
session delivery.
Specifically, the Exchange proposes to (1) delete the $100 CE Fee
in its entirety, and (2) with respect to the $55 CE Fee, delete
reference to Web-based delivery and specify that it is a ``session''
fee.
MIAX is proposing such Fee Schedule amendments in conjunction with
FINRA's transition to CE Online and its phase out of test center
delivery of the CE Regulatory Element.\3\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 78281 (July 11,
2016), 81 FR 46133 (July 15, 2016) (SR-FINRA-2016-025) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to the Fee for the Regulatory Element of Continuing
Education). See also Securities Exchange Act Release No. 75581 (July
31, 2015), 80 FR 47018 (August 6, 2015) (SR-FINRA-2015-015) (Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change to
Provide a Web-based Delivery Method for Completing the Regulatory
Element of the Continuing Education Requirements), Regulatory Notice
15-28 (August 2015) and Information Notice, May 16, 2016
(Elimination of Continuing Education Delivery at Testing Centers).
---------------------------------------------------------------------------
Background
On July 31, 2015, the Commission approved [sic] SR-FINRA-2015-015
relating to proposed changes to FINRA Rules to provide for Web-based
delivery completion of the Regulatory Element of CE requirements.
Pursuant to the rule change, the Regulatory Element of CE programs is
administered through Web-based delivery via the FINRA CE Online System
as of January 4, 2016. Pursuant to the rule change, the Regulatory
Element of CE programs also continued to be offered at test centers
until no later than six months after January 4, 2016. Test-center
delivery of the Regulatory Element has been phased out effective July
1, 2016.\4\ On July 11, 2016, the Commission approved SR-FINRA-2016-025
relating to proposed changes to FINRA Fees for the Regulatory Element
of CE.
---------------------------------------------------------------------------
\4\ See Information Notice, May 16, 2016 (Elimination of
Continuing Education Delivery at Testing Centers). Notwithstanding
such test center phase out, participants who may need accommodations
in completing their CE session due to a disability pursuant to the
Americans with Disabilities Act of 1990, Public Law 101-336, 104
Stat. 328 (1990) (``ADA'') may apply for an accommodation and
complete their CE Regulatory Element session at a test center. See
FINRA's CE Online Delivery Accommodation Web page, available at
https://www.finra.org/industry/accommodations-continuing-education-ce-online-participants.
---------------------------------------------------------------------------
In January 2016 the Exchange amended its Rules,\5\ in consultation
with FINRA and the other exchanges, to provide for Web-based delivery
of the CE Regulatory Element for registered persons.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 76892 (January 13,
2016), 81 FR 3206 (January 20, 2016) (SR-MIAX-2016-01).
---------------------------------------------------------------------------
Proposal
The Exchange now proposes to amend its Fee Schedule to delete the
$100 CE Fee for All Registrations since the test center delivery option
for the Regulatory Element will no longer be offered \6\ and the $100
fee currently charged for administration of non-Web-based CE programs
is therefore retired.\7\ Therefore, the Exchange proposes to delete
this fee from its current Fee Schedule.
---------------------------------------------------------------------------
\6\ See supra note 4.
\7\ See Securities Exchange Act Release No. 78281 (July 11,
2016), 81 FR 46133 (July 15, 2016) (SR-FINRA-2016-025) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to the Fee for the Regulatory Element of Continuing
Education).
---------------------------------------------------------------------------
The Exchange further proposes to clarify that the $55 CE Fee will
now generally apply to all CE sessions without further specifying the
Web-based delivery mode since there will no longer be more than one
mode of CE delivery.\8\ Therefore, the Exchange proposes to delete the
reference to Web-based delivery from Section 2(c) of the Fee Schedule
and specify that it is a ``session'' fee in order to provide clarity
and avoid confusion.
---------------------------------------------------------------------------
\8\ With the exception of participants who may need
accommodations in completing their CE session due to a disability
pursuant to the ADA and to whom the session fee of $55 for the
Regulatory Element shall apply regardless of whether the session is
completed at a test center or through the CE Online System. See
Securities Exchange Act Release No. 78281 (July 11, 2016), 81 FR
46133 (July 15, 2016) (SR- FINRA-2016-025) (Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change Relating to the
Fee for the Regulatory Element of Continuing Education).
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2. Statutory Basis
The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \9\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \10\ in particular, in
that it is an equitable allocation of reasonable fees and other charges
among Exchange members and issuers and other persons using its
facilities.
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\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(4).
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The Exchange believes that the proposal is fair, equitable and not
unreasonably discriminatory because the fee change applies equally to
all Members and persons associated with Members. The Exchange believes
that the proposal is reasonable because FINRA will administer the CE
program only through the FINRA CE Online System and will no longer
offer a testing center CE delivery option, except as specifically noted
above in which case FINRA has aligned its $55 session fee for all
participants.\11\ In addition, the Exchange believes this session fee
is equitable and not unfairly discriminatory as it will apply uniformly
to all Members and persons associated with the Members who choose to
participate in the CE program provided through FINRA.
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\11\ See supra note 7.
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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
further believes that the proposal does not impose any burden on
competition because FINRA has made, and the Exchange believes that the
other exchanges will make, similar changes to their fee schedules.\12\
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\12\ See id.
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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,\13\ and Rule 19b-4(f)(2) \14\ 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
[[Page 53529]]
whether the proposed rule should be approved or disapproved.
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\13\ 15 U.S.C. 78s(b)(3)(A)(ii).
\14\ 17 CFR 240.19b-4(f)(2).
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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 No. SR-MIAX-2016-23 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File No. SR-MIAX-2016-23. 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 MIAX. 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 No. SR-MIAX-2016-23 and should be
submitted on or before September 2, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19174 Filed 8-11-16; 8:45 am]
BILLING CODE 8011-01-P