
[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Notices]
[Pages 8519-8520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03007]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71502; File No. SR-MIAX-2014-06]


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

February 6, 2014.
    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 January 29, 2014, 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.
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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 amend its 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 establish a $0.30 transaction fee for 
executions in standard option contracts and $0.03 transaction fee for 
Mini Option contracts for non-member broker-dealers on the Exchange.
    The current transaction fees for non-member broker dealers on the 
Exchange are $0.45 per contract for standard options or $0.045 for Mini 
Options.\3\ The Exchange proposes lowering the non-member broker-dealer 
transaction fees to bring the fee rates in line with several competing 
exchanges.\4\ The proposed transaction fees are designed both to 
enhance the Exchange's competitiveness with other option exchanges and 
to strengthen its market quality. The Exchange believes that the new 
transaction fees will increase both intermarket and intramarket 
competition by incenting broker-dealers on other exchanges to direct 
additional orders to the Exchange to allow the Exchange to compete more 
effectively with other options exchanges for such transactions. To the 
extent that this purpose is achieved, the Exchange believes that other 
market participants on the Exchange will benefit from the additional 
liquidity and trading opportunities available from such orders.
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    \3\ See MIAX Options Fee Schedule, Section 1(a)(ii)--Other 
Market Participant Transaction Fees.
    \4\ See NYSE Amex Options Fee Schedule, p. 4 (Tiered rates 
starting at $0.32 per contract for electronic broker-dealers); ISE 
Schedule of Fees, p. 6 ($0.30 per contract for broker-dealers in 
Non-Select Symbols).
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    The Exchange proposes to implement the new transaction fees 
beginning February 1, 2014.
2. Statutory Basis
    The Exchange believes that its proposal to amend its fee schedule 
is consistent with Section 6(b) of the Act \5\ in general, and furthers 
the objectives of Section 6(b)(4) of the Act \6\ in particular, in that 
it is an equitable allocation of reasonable fees and other charges 
among Exchange members.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposal is fair, equitable and not 
unreasonably discriminatory. The

[[Page 8520]]

proposal is reasonable because it results in a decrease in non-member 
broker dealer transactions fees for all non-member broker dealers on 
the Exchange in order to enable the Exchange to improve its overall 
competitiveness and strengthen its market quality for all market 
participants. The proposed fees are fair and equitable and not 
unreasonably discriminatory because they will apply equally to all non-
member broker-dealers. All non-member broker-dealers will be subject to 
the same transaction fee, and access to the Exchange is offered on 
terms that are not unfairly discriminatory.
    The decrease in transaction fees for non-member broker-dealers 
should incent broker-dealers on other exchanges to direct additional 
orders to the Exchange to allow the Exchange to compete more 
effectively with other options exchanges for such transactions. To the 
extent that this purpose is achieved, the Exchange believes that other 
market participants on the Exchange will benefit from the additional 
liquidity and trading opportunities available from such orders.

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 Exchange believes that the 
proposal increases both intermarket and intramarket competition by 
incenting broker-dealers on other exchanges to direct additional orders 
to the Exchange to allow the Exchange to compete more effectively with 
other options exchanges for such transactions. To the extent that this 
purpose is achieved, the Exchange believes that other market 
participants on the Exchange will benefit from the additional liquidity 
and trading opportunities available from such orders. 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 proposal reflects this competitive environment because it reduces 
the Exchange's fees in a manner that encourages non-member broker-
dealers to provide liquidity and to attract order flow to the Exchange.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\7\ At any time within 60 days of the filing 
of the proposed rule change, the Commission summarily may temporarily 
suspend such rule change if it appears to the Commission that such 
action is necessary or appropriate in the public interest, for the 
protection of investors, or otherwise in furtherance of the purposes of 
the Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to rule-comments@sec.gov. Please 
include File Number SR-MIAX-2014-06 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 Number SR-MIAX-2014-06. 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 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-MIAX-2014-06 and should be 
submitted on or before March 5, 2014.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-03007 Filed 2-11-14; 8:45 am]
BILLING CODE 8011-01-P


