
[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38776-38777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15364]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69823; File No. SR-MIAX-2013-29]


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

June 21, 2013.
    Pursuant to 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 12, 2013, Miami International Securities Exchange LLC (``MIAX'' 
or ``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the 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.
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    \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 make technical amendments to 
the MIAX Options Fee Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's 
Web site at http://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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fee Schedule to make several 
technical changes to delete obsolete or unnecessary date references, 
delete obsolete fees, and to correctly rename a market data product.
Technical Changes
    First, the Exchange proposes to delete the language ``Effective 
April 17, 2013'' from the heading in Section 2(b) of the Fee Schedule. 
The Exchange believes that including this date in the Fee Schedule in 
this location is unnecessary going forward.
    Second, the Exchange proposes to delete the portion of the Web CRD 
Fees in Section 2(c) that is no longer in effect as of January 1, 2013. 
The Exchange also proposes to make the corresponding change to delete 
the language that provides that ``[t]hese fees will be in effect on and 
after January 2, 2013.'' The Exchange believes these deletions of 
obsolete language in the Fee Schedule will reduce the potential of 
confusion over which fees apply.
    Third, the Exchange proposes to delete footnote 9 regarding the 
operative date for Membership Application Fees. Since the Membership 
Application Fees are now effective and operative, the Exchange believes 
that including this language in the Fee Schedule is unnecessary going 
forward.
    Fourth, the Exchange proposes to make a technical change in Section 
6 of the Fee Schedule to correct the name of the MIAX market data 
product, MIAX Top of Market (``ToM''), which is incorrectly identified 
as Top of MIAX in the Fee Schedule.
    Finally, to avoid confusion, the Exchange proposes to re-number the 
footnotes in the Fee Schedule to reflect the deletion of footnotes 5, 
6, and 9.

[[Page 38777]]

2. Statutory Basis
    The Exchange believes that its proposal to amend its fee schedule 
is consistent with Section 6(b) of the Act \3\ in general, and furthers 
the objectives of Section 6(b)(4) of the Act \4\ in particular, in that 
it is an equitable allocation of reasonable fees and other charges 
among Exchange members. The proposal to make several technical changes 
to the Fee Schedule to delete obsolete or unnecessary dates, delete 
obsolete fees, and to correctly rename a market data product should 
reduce possible confusion among members to which fees apply.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
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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 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed technical changes 
to the Fee Schedule to delete obsolete or unnecessary dates, delete 
obsolete fees, and to correctly rename a market data product should 
reduce possible confusion among members at to which fees apply. Since 
the Exchange proposes no substantive changes other than the technical 
changes, the proposal should not impose any burden on competition.

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.\5\ At any time within 60 days of the filing 
of the proposed rule change, the Commission summarily may temporarily 
suspend such rule change if it appears to the Commission that such 
action is necessary or appropriate in the public interest, for the 
protection of investors, or otherwise in furtherance of the purposes of 
the Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.
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    \5\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:
Electronic Comments
     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File No. SR-MIAX-2013-29 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-MIAX-2013-29. 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 (http://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 No. SR-MIAX-2013-29 and should be 
submitted on or before July 18, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2013-15364 Filed 6-26-13; 8:45 am]
BILLING CODE 8011-01-P


