Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule, 29497-29499 [2020-10392]

Download as PDF Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 39 U.S.C. 401, 403, 404, and 1206. PURPOSE(S) OF THE SYSTEM: 1. To reimburse carriers who use privately owned vehicles to transport the mail pursuant to a contractual agreement. 2. To evaluate delivery and collection operations and to administer these functions. 3. To provide local Post Office managers, supervisors, and transportation managers with information to assign routes and vehicles, and to adjust workload, schedules, and type of equipment operated. 4. To determine contract vehicle operator suitability for assignments requiring access to mail. 5. To serve as a basis for vehicle operator corrective action and presentation of safe driving awards. 6. To administer the USPS fleet card program used to purchase commercial fuel and oil, maintenance repair, polishing and washing, servicing, shuttling, and towing. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: 1. City Letter carriers. 2. Current and former USPS employees who operate or maintain USPS-owned or leased vehicles. 3. Contract highway vehicle operators. jbell on DSKJLSW7X2PROD with NOTICES CATEGORIES OF RECORDS IN THE SYSTEM: 1. Carrier information: Records related to letter carriers, including carrier’s name, home address, Social Security Number, Employee Identification Number, postal assignment information, work contact information, finance number(s), duty location, pay location, route number and work schedule, and effective date of agreement for use of a privately owned vehicle to transport the mail, if applicable. 2. Vehicle operator information: Records of employees’ operation or maintenance of USPS-owned or leased vehicles, including employee name, home address, Social Security Number, Employee Identification Number, age, postal assignment information, work contact information, finance number(s), duty location, pay location, work schedule, Fuel Purchase Fleet Card Personal Identification Number (PIN), and other records of vehicle operation and maintenance. 3. Highway vehicle contract employee information: Records related to contract employee name, Social Security Number, address and employment history, driver’s license number, and contract assignment information. VerDate Sep<11>2014 17:09 May 14, 2020 Jkt 250001 RECORD SOURCE CATEGORIES: Employees; contractors; carrier supervisors; route inspectors; and state motor vehicle departments. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: Standard routine uses 1. through 9. apply. POLICIES AND PRACTICES FOR STORAGE OF RECORDS: Automated database, computer storage media, and paper. POLICIES OF PRACTICES FOR RETRIEVAL OF RECORDS: By name, Social Security Number, Employee Identification Number, pay location, Postal Service facility name, route number, vehicle number, or Fuel Purchase Fleet Card Personal Identification Number (PIN). POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: 1. Route inspection records and minor adjustment worksheets are retained 2 years where inspections or minor adjustments are made annually or more frequently. Where inspections are made less than annually, records are retained until a new inspection or minor adjustment, and an additional 2 years thereafter. 2. Statistical engineering records are retained 5 years, and may be retained further on a year-to-year basis. 3. Agreements for use of a privately owned vehicle are retained 2 years. Post office copies of payment authorizations are retained 90 days. Vehicle records are maintain for the life of the vehicle. 4. Records of employees who operate or maintain USPS vehicles are retained 4 years. 5. Records of highway vehicle contract employees are retained 1 year after contract expiration or contract employee termination. 6. Records pertaining to the USPS fuel fleet card purchase program are retained for 10 years. Records existing on paper are destroyed by burning, pulping, or shredding. Records existing on computer storage media are destroyed according to the applicable USPS media sanitization practice. ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: Paper records, computers, and computer storage media are located in controlled-access areas under supervision of program personnel. Access to these areas is limited to authorized personnel, who must be identified with a badge. Access to PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 29497 records is limited to individuals whose official duties require such access. Contractors and licensees are subject to contract controls and unannounced onsite audits and inspections. Computers are protected by mechanical locks, card key systems, or other physical access control methods. The use of computer systems is regulated with installed security software, computer logon identifications, and operating system controls including access controls, terminal and transaction logging, and file management software. RECORD ACCESS PROCEDURES: Requests for access must be made in accordance with the Notification Procedure above and USPS Privacy Act regulations regarding access to records and verification of identity under 39 CFR 266.6. CONTESTING RECORD PROCEDURES: See Notification Procedure and Record Access Procedures above. NOTIFICATION PROCEDURES: Current and former employees, and highway vehicle contract employees, wanting to know if information about them is maintained in this system of records must address inquiries to the facility head where currently or last employed. Requests must include full name, Social Security Number or Employee Identification Number, and, where applicable, the route number and dates of any related agreements or contracts. EXEMPTIONS PROMULGATED FOR THE SYSTEM: None. HISTORY: June 27, 2012, 77 FR 38342. Joshua J. Hofer, Attorney, Federal Compliance. [FR Doc. 2020–10462 Filed 5–14–20; 8:45 am] BILLING CODE 7710–12–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–88850; File No. SR–MIAX– 2020–09] Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule May 11, 2020. Pursuant to the provisions of Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 1 15 U.S.C. 78s(b)(1). E:\FR\FM\15MYN1.SGM 15MYN1 29498 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices thereunder,2 notice is hereby given that on April 29, 2020, Miami International Securities Exchange LLC (‘‘MIAX Options’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) a proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 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 website at https://www.miaxoptions.com/rulefilings, 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 the list of MIAX Select Symbols 3 contained in the Priority Customer Rebate Program (the ‘‘Program’’) 4 of the Exchange’s Fee Schedule to delete the Select Symbol ‘‘S,’’ associated with the Sprint Corporation (‘‘Sprint’’), from the Select Symbols list. The Exchange initially created the list of MIAX Select Symbols on March 1, 2 17 CFR 240.19b–4. term ‘‘MIAX Select Symbols’’ means options overlying AAL, AAPL, AIG, AMAT, AMD, AMZN, BA, BABA, BB, BIDU, BP, C, CAT, CLF, CVX, DAL, EBAY, EEM, FB, FCX, GE, GILD, GLD, GM, GOOGL, GPRO, HAL, INTC, IWM, JCP, JNJ, JPM, KMI, KO, MO, MRK, NFLX, NOK, ORCL, PBR, PFE, PG, QCOM, QQQ, RIG, S, SPY, T, TSLA, USO, VALE, WBA, WFC, WMB, X, XHB, XLE, XLF, XLP, XOM and XOP. 4 See section 1(a)(iii) of the Fee Schedule for a complete description of the Program. jbell on DSKJLSW7X2PROD with NOTICES 3 The VerDate Sep<11>2014 17:09 May 14, 2020 Jkt 250001 2014,5 and has added and removed option classes from that list since that time.6 Select Symbols are rebated slightly higher in certain Program tiers than non-Select Symbols. The Exchange notes that on April 1, 2020, Sprint and T-Mobile US, Inc. (‘‘T-Mobile’’) announced the completion of a merger of the two companies, with T-Mobile continuing as the surviving company and Sprint shares converting into the right to receive T-Mobile shares.7 Further, the combined company will continue to trade under the symbol for T-Mobile, ‘‘TMUS.’’ Options on Sprint were authorized to be listed for trading on the Exchange pursuant to Rule 402, but are no longer listed for trading since Sprint is no longer the registered stock symbol for the merged company and as such, Sprint shares are no longer listed for trading on equity trading venues under the symbol ‘‘S.’’ The Exchange has also determined not to add the merged company, T-Mobile, to the MIAX Select Symbols list for business and competitive reasons. Accordingly, the Exchange is amending its Fee Schedule to delete the symbol ‘‘S’’ from the list of MIAX Select Symbols contained in the Program. This amendment is intended to eliminate any potential confusion and to make it clear to market participants that ‘‘S’’ will not be a MIAX Select Symbol contained in the Program as ‘‘S’’ options are no longer listed on the Exchange. 2. Statutory Basis The Exchange believes that its proposal to amend the Fee Schedule is consistent with Section 6(b) of the Act 8 in general, and furthers the objectives of Section 6(b)(4) of the Act,9 in that it is 5 See Securities Exchange Act Release No. 71700 (March 12, 2014), 79 FR 15188 (March 18, 2014) (SR–MIAX–2014–13). 6 See Securities Exchange Act Release Nos. 87964 (January 14, 2020), 85 FR 3435 (January 21, 2020) (SR–MIAX–2020–01); 87790 (December 18, 2019), 84 FR 71037 (December 26, 2019) (SR–MIAX–2019– 49); 85314 (March 14, 2019), 84 FR 10359 (March 20, 2019) (SR–MIAX–2019–07); 81998 (November 2, 2017), 82 FR 51897 (November 8, 2017) (SR–MIAX– 2017–45); 81019 (June 26, 2017), 82 FR 29962 (June 30, 2017) (SR–MIAX–2017–29); 79301 (November 14, 2016), 81 FR 81854 (November 18, 2016) (SR– MIAX–2016–42); 74291 (February 18, 2015), 80 FR 9841 (February 24, 2015) (SR–MIAX–2015–09); 74288 (February 18, 2015), 80 FR 9837 (February 24, 2015) (SR–MIAX–2015–08); 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); 71700 (March 12, 2014), 79 FR 15188 (March 18, 2014) (SR–MIAX–2014–13). 7 See T-Mobile Completes Merger with Sprint to Create the New T-Mobile (April 1, 2020), available at https://newsroom.sprint.com/tmobile-completesmerger-with-sprint.htm. 8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(4). PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 an equitable allocation of reasonable dues, fees and other charges among Exchange members and issuers and other persons using its facilities, and 6(b)(5) of the Act,10 in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest and is not designed to permit unfair discrimination between customers, issuers, brokers and dealers. In particular, the proposal to delete the symbol ‘‘S’’ from the list of MIAX Select Symbols contained in the Program is consistent with Section 6(b)(4) of the Act because the proposed changes will allow for continued benefit to investors by providing them an updated list of MIAX Select Symbols contained in the Program on the Exchange’s Fee Schedule. The Exchange believes that the proposal to amend an option class that qualifies for the credit for transactions in MIAX Select Symbols is fair, equitable and not unreasonably discriminatory. The Exchange believes that the Program itself is reasonably designed because it incentivizes providers of Priority Customer 11 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 certain tiers 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 Exchange also believes that its proposal is consistent with Section 6(b)(5) of the Act because it will apply equally to all Priority Customer orders in MIAX Select Symbols in the Program. All similarly situated Priority Customer orders in MIAX Select Symbols are subject to the same rebate schedule, and access to the Exchange is offered on terms that are not unfairly discriminatory. 10 15 U.S.C. 78f(b)(1) and (b)(5). term ‘‘Priority Customer’’ means a person or entity that (i) is not a broker or dealer in securities, and (ii) does not place more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). See Exchange Rule 100. 11 The E:\FR\FM\15MYN1.SGM 15MYN1 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices 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 proposed rule change is a not a competitive filing but rather is designed to update the list of MIAX Select Symbols contained in the Program 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,12 and Rule 19b–4(f)(2) 13 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: 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–2020–09 on the subject line. jbell on DSKJLSW7X2PROD with NOTICES Paper Comments • Send paper comments in triplicate to Vanessa Countryman, Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to File Number SR–MIAX–2020–09. 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 website (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 website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–MIAX–2020–09 and should be submitted on or before June 5, 2020. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.14 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2020–10392 Filed 5–14–20; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–88852; File No. SR– NASDAQ–2020–022] Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Certain Internal Cross-References in General 5, Discipline May 11, 2020. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 14 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 12 15 U.S.C. 78s(b)(3)(A)(ii). 13 17 CFR 240.19b–4(f)(2). VerDate Sep<11>2014 17:09 May 14, 2020 1 15 Jkt 250001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 29499 notice is hereby given that on April 28, 2020, The Nasdaq Stock Market LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II 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 the Substance of the Proposed Rule Change The Exchange proposes to amend certain internal cross-references within General 5, Discipline. The text of the proposed rule change is available on the Exchange’s website at https://nasdaq.cchwallstreet.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 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 In 2019, Nasdaq relocated its rules into a new Rulebook shell.3 As a result, several rules referenced within the 8000 and 9000 Series Rules contained in General 5 Discipline have been relocated under a new rule number. At this time, Nasdaq proposes to update certain internal cross-references within General 5, Discipline. Specifically, Nasdaq proposes to update internal cross-references within Rules 8120 (Definitions), 9110 (Application), 9268 (Decision of Hearing Panel or Extended Hearing Panel), 9269 (Default Decisions), 9270 (Settlement Procedure), 9311 (Appeal by Any Party; CrossAppeal), 9312 (Review Proceeding Initiated By the Nasdaq Review 3 See Securities Exchange Act Release No. 87778 (December 17, 2019), 84 FR 70590 (December 23, 2019) (SR–NASDAQ–2019–98). E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Pages 29497-29499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10392]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88850; File No. SR-MIAX-2020-09]


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

May 11, 2020.
    Pursuant to the provisions of Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4

[[Page 29498]]

thereunder,\2\ notice is hereby given that on April 29, 2020, Miami 
International Securities Exchange LLC (``MIAX Options'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') a proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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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 
website at https://www.miaxoptions.com/rule-filings, at MIAX's principal 
office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the list of MIAX Select Symbols \3\ 
contained in the Priority Customer Rebate Program (the ``Program'') \4\ 
of the Exchange's Fee Schedule to delete the Select Symbol ``S,'' 
associated with the Sprint Corporation (``Sprint''), from the Select 
Symbols list.
---------------------------------------------------------------------------

    \3\ The term ``MIAX Select Symbols'' means options overlying 
AAL, AAPL, AIG, AMAT, AMD, AMZN, BA, BABA, BB, BIDU, BP, C, CAT, 
CLF, CVX, DAL, EBAY, EEM, FB, FCX, GE, GILD, GLD, GM, GOOGL, GPRO, 
HAL, INTC, IWM, JCP, JNJ, JPM, KMI, KO, MO, MRK, NFLX, NOK, ORCL, 
PBR, PFE, PG, QCOM, QQQ, RIG, S, SPY, T, TSLA, USO, VALE, WBA, WFC, 
WMB, X, XHB, XLE, XLF, XLP, XOM and XOP.
    \4\ See section 1(a)(iii) of the Fee Schedule for a complete 
description of the Program.
---------------------------------------------------------------------------

    The Exchange initially created the list of MIAX Select Symbols on 
March 1, 2014,\5\ and has added and removed option classes from that 
list since that time.\6\ Select Symbols are rebated slightly higher in 
certain Program tiers than non-Select Symbols. The Exchange notes that 
on April 1, 2020, Sprint and T-Mobile US, Inc. (``T-Mobile'') announced 
the completion of a merger of the two companies, with T-Mobile 
continuing as the surviving company and Sprint shares converting into 
the right to receive T-Mobile shares.\7\ Further, the combined company 
will continue to trade under the symbol for T-Mobile, ``TMUS.'' Options 
on Sprint were authorized to be listed for trading on the Exchange 
pursuant to Rule 402, but are no longer listed for trading since Sprint 
is no longer the registered stock symbol for the merged company and as 
such, Sprint shares are no longer listed for trading on equity trading 
venues under the symbol ``S.'' The Exchange has also determined not to 
add the merged company, T-Mobile, to the MIAX Select Symbols list for 
business and competitive reasons.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 71700 (March 12, 
2014), 79 FR 15188 (March 18, 2014) (SR-MIAX-2014-13).
    \6\ See Securities Exchange Act Release Nos. 87964 (January 14, 
2020), 85 FR 3435 (January 21, 2020) (SR-MIAX-2020-01); 87790 
(December 18, 2019), 84 FR 71037 (December 26, 2019) (SR-MIAX-2019-
49); 85314 (March 14, 2019), 84 FR 10359 (March 20, 2019) (SR-MIAX-
2019-07); 81998 (November 2, 2017), 82 FR 51897 (November 8, 2017) 
(SR-MIAX-2017-45); 81019 (June 26, 2017), 82 FR 29962 (June 30, 
2017) (SR-MIAX-2017-29); 79301 (November 14, 2016), 81 FR 81854 
(November 18, 2016) (SR-MIAX-2016-42); 74291 (February 18, 2015), 80 
FR 9841 (February 24, 2015) (SR-MIAX-2015-09); 74288 (February 18, 
2015), 80 FR 9837 (February 24, 2015) (SR-MIAX-2015-08); 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); 71700 (March 12, 2014), 79 FR 15188 (March 18, 2014) (SR-MIAX-
2014-13).
    \7\ See T-Mobile Completes Merger with Sprint to Create the New 
T-Mobile (April 1, 2020), available at https://newsroom.sprint.com/tmobile-completes-merger-with-sprint.htm.
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    Accordingly, the Exchange is amending its Fee Schedule to delete 
the symbol ``S'' from the list of MIAX Select Symbols contained in the 
Program. This amendment is intended to eliminate any potential 
confusion and to make it clear to market participants that ``S'' will 
not be a MIAX Select Symbol contained in the Program as ``S'' options 
are no longer listed on the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal to amend the Fee Schedule 
is consistent with Section 6(b) of the Act \8\ in general, and furthers 
the objectives of Section 6(b)(4) of the Act,\9\ in that it is an 
equitable allocation of reasonable dues, fees and other charges among 
Exchange members and issuers and other persons using its facilities, 
and 6(b)(5) of the Act,\10\ in that it is designed to promote just and 
equitable principles of trade, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general to protect investors and the public interest and is not 
designed to permit unfair discrimination between customers, issuers, 
brokers and dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(1) and (b)(5).
---------------------------------------------------------------------------

    In particular, the proposal to delete the symbol ``S'' from the 
list of MIAX Select Symbols contained in the Program is consistent with 
Section 6(b)(4) of the Act because the proposed changes will allow for 
continued benefit to investors by providing them an updated list of 
MIAX Select Symbols contained in the Program on the Exchange's Fee 
Schedule.
    The Exchange believes that the proposal to amend an option class 
that qualifies for the credit for transactions in MIAX Select Symbols 
is fair, equitable and not unreasonably discriminatory. The Exchange 
believes that the Program itself is reasonably designed because it 
incentivizes providers of Priority Customer \11\ 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 
certain tiers 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.
---------------------------------------------------------------------------

    \11\ The term ``Priority Customer'' means a person or entity 
that (i) is not a broker or dealer in securities, and (ii) does not 
place more than 390 orders in listed options per day on average 
during a calendar month for its own beneficial account(s). See 
Exchange Rule 100.
---------------------------------------------------------------------------

    The Exchange also believes that its proposal is consistent with 
Section 6(b)(5) of the Act because it will apply equally to all 
Priority Customer orders in MIAX Select Symbols in the Program. All 
similarly situated Priority Customer orders in MIAX Select Symbols are 
subject to the same rebate schedule, and access to the Exchange is 
offered on terms that are not unfairly discriminatory.

[[Page 29499]]

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 proposed 
rule change is a not a competitive filing but rather is designed to 
update the list of MIAX Select Symbols contained in the Program 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,\12\ and Rule 19b-4(f)(2) \13\ 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 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 [email protected]. Please include 
File Number SR-MIAX-2020-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2020-09. 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 website (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 website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-MIAX-2020-09 and should be submitted on 
or before June 5, 2020.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-10392 Filed 5-14-20; 8:45 am]
BILLING CODE 8011-01-P

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