Notice2025-09072
Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To Remove Obsolete Text Regarding Temporary Discounts to Current Subscribers to the MIAX Options Liquidity Taker Event Reports
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 21, 2025
Issuing agencies
Securities and Exchange Commission
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 97 (Wednesday, May 21, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Notices]
[Pages 21798-21800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09072]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-103050; File No. SR-MIAX-2025-24]
Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fee Schedule To Remove Obsolete Text
Regarding Temporary Discounts to Current Subscribers to the MIAX
Options Liquidity Taker Event Reports
May 15, 2025.
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 May 7, 2025, 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 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.
---------------------------------------------------------------------------
\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
Exchange Fee Schedule (the ``Fee Schedule'') to remove obsolete text
regarding temporary discounts to current (described below) monthly and
annual subscribers to the Liquidity Taker Event Report--Simple Orders,
Liquidity Taker Event Report--Complex Orders, and Liquidity Taker Event
Report--Resting Simple Orders.\3\
---------------------------------------------------------------------------
\3\ See Exchange Rule 531(a)-(c) for complete descriptions of
each of the Liquidity Taker Event Reports.
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
website at <a href="https://www.miaxglobal.com/markets/us-options/all-options-exchanges/rule-filings">https://www.miaxglobal.com/markets/us-options/all-options-exchanges/rule-filings</a>, 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 Section 7, Reports, of the Fee
Schedule to remove obsolete text regarding temporary discounts to
current monthly and annual subscribers to the Liquidity Taker Event
Report--Simple Orders (the ``Simple Order Report''), Liquidity Taker
Event Report--Complex Orders (the ``Complex Order Report''), and
Liquidity Taker Event Report--Resting Simple Orders (the ``Resting
Simple Order Report'').\4\
---------------------------------------------------------------------------
\4\ See Fee Schedule, Section 7). The Simple Order Report,
Complex Order Report and Resting Simple Order Report are
collectively referred to herein as the ``Reports.''
---------------------------------------------------------------------------
In general, each of the Reports is a daily report that provides a
Member \5\ (``Recipient Member'') with its liquidity response time
details for executions and contra-side responses of an order (or
Complex Order,\6\ as the case may be) resting on the Simple Order Book
(or
[[Page 21799]]
Strategy Book, as the case may be),\7\ where that Recipient Member
attempted to execute against such resting order \8\ within a certain
timeframe.\9\ Specifically, depending on the Report, it includes data
for executions and contra-side responses that occurred within either
200 or 400 microseconds of the time a resting order was received by the
Exchange.\10\ The content of each of the Reports is specific to the
Recipient Member and each of the Reports does not include any
information related to any Member other than the Recipient Member. Each
of the Reports is available for purchase by Exchange Members on a
voluntary basis.
---------------------------------------------------------------------------
\5\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
\6\ In sum, a ``Complex Order'' is ``any order involving the
concurrent purchase and/or sale of two or more different options in
the same underlying security (the `legs' or `components' of the
complex order), for the same account, in a conforming or non-
conforming ratio. . . .'' See Exchange Rule 518(a).
\7\ The ``Simple Order Book'' is the Exchange's regular
electronic book of orders and quotes. See Exchange Rule 518(a)(15).
The ``Strategy Book'' is the Exchange's electronic book of complex
orders and complex quotes. See Exchange Rule 518(a)(17). The
Strategy Book is organized by Complex Strategy in that individual
orders for a defined Complex Strategy are organized together in a
book that is separate from the orders for a different Complex
Strategy. The term ``Complex Strategy'' means ``a particular
combination of components and their ratios to one another. New
complex strategies can be created as the result of the receipt of a
complex order or by the Exchange for a complex strategy that is not
currently in the System.'' See Exchange Rule 518(a)(6).
\8\ Only displayed orders are included in the Reports. The
Exchange notes that it does not currently offer any non-displayed
orders types on its options trading platform.
\9\ A complete description of each of the Reports can be found
in the prior rule filings to adopt the Reports. See Securities
Exchange Act Release Nos. 92081 (June 1, 2021), 86 FR 30344 (June 7,
2021) (SR-MIAX-2021-21) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change to Amend Rule 531, Reports
and Market Data Products, to Adopt the Liquidity Taker Event
Report); 94135 (February 2, 2022), 87 FR 7217 (February 8, 2022)
(SR-MIAX-2022-06) (Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change to Amend Rule 531 to Provide for the New
Liquidity Taker Event Report--Complex Orders); 96839 (February 8,
2023), 88 FR 9550 (February 14, 2023) (SR-MIAX-2023-02) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to
Amend Rule 531 to Provide for the New Liquidity Taker Event Report--
Resting Simple Orders).
\10\ Id.
---------------------------------------------------------------------------
In April 2025, the Exchange performed necessary system upgrades and
maintenance, which may have impacted the timeframes (i.e., 200 or 400
microseconds) within which each Report includes data for executions and
contra-side responses that occurred within either 200 or 400
microseconds of the time a resting order was received by the Exchange.
Given that system upgrades and maintenance might have potentially
impacted the quality of data included in each Report, in an abundance
of caution and to provide just customer service, the Exchange
previously amended the Fee Schedule to provide existing subscribers to
each of the Reports discounted pricing \11\ for the month of April
2025. This was done to accommodate Members that received Reports that
might have been impacted by the necessary system upgrades and
maintenance that occurred in April 2025.\12\ Specifically, subscribers
that had an active subscription as of March 31, 2025 to the Simple
Order Report, Complex Order Report, and/or Resting Simple Order Report
received the below discounts for the month of April 2025 only.\13\
Monthly subscribers received 50% off the applicable monthly fee for the
April 2025 subscription.\14\ 12-month subscribers received an
additional month at the end of existing 12-month subscription for no
additional charge.\15\ The above discounts were available to active
subscribers for April 2025 only.
---------------------------------------------------------------------------
\11\ Members may purchase each of the Reports on a monthly or
annual (12-month) basis. The Exchange assesses fees of $4,000 per
month and $24,000 per year for a 12-month subscription for each of
the Simple Order Report and Complex Order Report. The Exchange
assesses fees of $2,000 per month and $12,000 per year for a 12-
month subscription for the Resting Simple Order Report. The Exchange
also offers a discounted fee of $40,000 per year for Members that
purchase annual subscriptions to both the Simple Order Report and
Complex Order Report. See Fee Schedule, Section 7).
\12\ See Securities Exchange Act Release No. 102783 (April 8,
2025), 90 FR 15607 (April 14, 2025) (SR-MIAX-2025-13) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to
Amend the Fee Schedule to Provide Temporary Discounts to Current
Subscribers to the MIAX Options Liquidity Taker Event Reports).
\13\ See id.
\14\ See id.
\15\ See id.
---------------------------------------------------------------------------
The Exchange now proposes to remove obsolete text regarding
temporary discounts to current monthly and annual subscribers to the
Reports since the temporary discounts were available to active
subscribers for April 2025 only and April 2025 has past. Further, each
of the Reports' timeframes will no longer be impacted as the Exchange
completed the necessary system upgrades and maintenance.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\16\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\17\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
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 to protect investors and the public
interest, and that it is not designed to permit unfair discrimination
among customers, brokers, or dealers.
---------------------------------------------------------------------------
\16\ 15 U.S.C. 78f(b).
\17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposal to remove obsolete text
regrading temporary discounts for the Reports would promote just and
equitable principles of trade and remove impediments to and perfect the
mechanism of a free and open market and a national market system
because the proposed change would provide greater clarity to market
participants regarding the Exchange's Fee Schedule by removing obsolete
text regarding temporary discounts for the Reports that will no longer
apply pursuant to the terms of the existing rule text, beginning May 1,
2025. It is in the public interest for the Exchange's Fee Schedule to
be accurate so as to eliminate the potential for confusion.
The Exchange also believes that the proposal to remove obsolete
text regarding temporary discounts for the Reports is reasonable. The
Exchange previously offered the discounts to provide just customer
service and in an abundance of caution in case subscribers might find
the data in the April 2025 Reports impacted by the planned necessary
upgrades. Since the system upgrades were completed in April 2025, each
of the Reports' timeframes will no longer be impacted by the necessary
system upgrades and maintenance beginning May 2025. The Exchange
believes that it is reasonable to remove outdated text regarding
temporary discounts for the Reports that will no longer apply,
beginning May 1, 2025. The Exchange believes that the proposal is fair
and not unreasonably discriminatory because it applies to all current
and future subscribers to the Reports.
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.
Intra-Market Competition
The Exchange believes that the proposed change would not impose any
unnecessary or inappropriate burden on intra-market competition because
the proposed change will have no impact on intra-competition as it is
not designed to address any competitive issue but rather is designed to
remove outdated text from the Fee Schedule. The temporary discounts
were available to active subscribers for April 2025 only. The proposal
is to remove outdated text from the Fee Schedule once the temporary
discounts for the Reports expire.
[[Page 21800]]
Inter-Market Competition
The Exchange believes that the proposed change would not impose any
unnecessary or inappropriate burden on inter-market competition because
the proposed change will have no impact on inter-competition as it is
not designed to address any competitive issue but rather is designed to
remove outdated text from the Fee Schedule.
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
Because the foregoing 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 for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) \19\ thereunder.
---------------------------------------------------------------------------
\18\ 15 U.S.C. 78s(b)(3)(A).
\19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\21\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative upon filing. The Exchange states that
the proposed change is to remove obsolete text from the Fee Schedule,
which will provide greater clarity to Members and the public regarding
the Exchange's Fee Schedule. For these reasons, and because this
proposal does not raise any novel regulatory issues, the Commission
finds that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\22\
---------------------------------------------------------------------------
\20\ 17 CFR 240.19b-4(f)(6).
\21\ 17 CFR 240.19b-4(f)(6)(iii).
\22\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
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 under
Section 19(b)(2)(B) \23\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------
\23\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------
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
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#a9dbdcc5cc84cac6c4c4ccc7dddae9daccca87cec6df"><span class="__cf_email__" data-cfemail="a0d2d5ccc58dc3cfcdcdc5ced4d3e0d3c5c38ec7cfd6">[email protected]</span></a>. Please include
file number SR-MIAX-2025-24 on the subject line.
Paper Comments
<bullet> 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 number SR-MIAX-2025-24. 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 (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). 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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-MIAX-2025-24 and should be
submitted on or before June 11, 2025.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------
\24\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2025-09072 Filed 5-20-25; 8:45 am]
BILLING CODE 8011-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 21, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.