Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Notices 29421 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). A proposed rule change 

may take effect upon filing with the Commission if 

it is designated by the exchange as ‘‘establishing or 

changing a due, fee, or other charge imposed by the 

self-regulatory organization on any person, whether 

or not the person is a member of the self-regulatory 

organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii). 

4 15 U.S.C. 78s(b)(3)(C). 

5 15 U.S.C. 78s(b)(2)(B). 

6See Securities Exchange Act Release No. 94720 

(April 14, 2022), 87 FR 23586. 

7 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3The 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, JNJ, JPM, 

KMI, KO, MO, MRK, NFLX, NOK, ORCL, PBR, PFE, 

PG, QCOM, QQQ, RIG, SPY, T, TSLA, USO, VALE, 

WBA, WFC, WMB, X, XHB, XLE, XLF, XLP, XOM 

and XOP. 

4See section 1)a)iii) of the Fee Schedule for a 

complete description of the PCRP. 

5See Securities Exchange Act Release No. 71700 

(March 12, 2014), 79 FR 15188 (March 18, 2014) 

(SR–MIAX–2014–13). 

6See Securities Exchange Act Release Nos. 89530 

(August 12, 2020), 85 FR 50845 (August 18, 2020) 

(SR–MIAX–2020–26); 88850 (May 11, 2020), 85 FR 

29497 (May 15, 2020) (SR–MIAX–2020–09); 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). 

7See Securities Exchange Act Release No. 88988 

(June 2, 2020), 85 FR 35153 (June 8, 2020) (SR– 

MIAX–2020–13). See also Exchange Rule 510(c). 

8See Securities Exchange Act Release Nos. 55154 

(January 23, 2007), 72 FR 4743 (February 1, 2007) 

(SR–CBOE–2006–92); 55161 (January 24, 2007), 72 

FR 4754 (February 1, 2007) (SR–ISE–2006–62); 

54886 (December 6, 2006), 71 FR 74979 (December 

13, 2006) (SR–Phlx–2006–74); 54590 (October 12, 

2006), 71 FR 61525 (October 18, 2006) (SR– 

NYSEArca–2006–73); and 54741 (November 9, 

2006), 71 FR 67176 (November 20, 2006) (SR– 

Amex–2006–106). 

9See MIAX Listing Alert (March 31, 2022), 

available at https://www.miaxoptions.com/alerts/ 

2022/03/31/miax-exchange-group-options-marketsoption-classes-be-removed-penny-interval. 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’),1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

amend the Exchange’s Fee Schedule to 

adopt a tiered-pricing structure for 

additional limited service express 

interface ports. 

The proposed rule change was 

immediately effective upon filing with 

the Commission pursuant to Section 

19(b)(3)(A) of the Act.3 On April 20, 

2022, the proposed rule change was 

published for comment in the Federal 

Register and, pursuant to Section 

19(b)(3)(C) of the Act,4 the Commission: 

(1) Temporarily suspended the 

proposed rule change; and (2) instituted 

proceedings under Section 19(b)(2)(B) of 

the Act 5 to determine whether to 

approve or disapprove the proposed 

rule change.6 On May 2, 2022, the 

Exchange withdrew the proposed rule 

change (SR–MIAX–2022–16). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–10258 Filed 5–12–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94878; File No. SR–MIAX– 

2022–18] 

Self-Regulatory Organizations; Miami 

International Securities Exchange LLC; 

Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change To Amend Its Fee Schedule for 

the Priority Customer Rebate Program 

May 9, 2022. 

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 April 29, 2022, 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 

(the ‘‘Fee Schedule’’). 

The text of the proposed rule change 

is available on the Exchange’s website at 

http://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 

footnote 14 referenced in Section 1)a)iii) 

of the Fee Schedule to amend the list of 

MIAX Select Symbols 3 contained in the 

Priority Customer Rebate Program 

(‘‘PCRP’’) 4 to remove symbol ‘‘AIG,’’ 

(American International Group, Inc.) 

from the Select Symbols list. 

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 PCRP tiers and 

segment than non-Select Symbols. The 

Exchange notes that historically, Select 

Symbols generally include a subset of 

classes of options that are included in 

the Penny Interval Program, an 

industry-wide program that provides for 

the quoting and trading of certain option 

classes in penny increments (the 

‘‘Penny Program’’).7 The Penny Program 

allows the quoting and trading of certain 

option classes in minimum increments 

of $0.01 for all series in such option 

classes with a price of less than $3.00; 

and in minimum increments of $0.05 for 

all series in such option classes with a 

price of $3.00 or higher. The Penny 

Program was initiated as a pilot program 

at the then existing option exchanges in 

January 2007,8 was made a permanent 

program in 2020, and currently includes 

more than 300 of the most actively 

traded option classes. 

On March 31, 2022, the Exchange 

issued an alert that the Select symbol 

‘‘AIG’’ would no longer be included in 

the Penny Program industry-wide as of 

April 1, 2022.9 Accordingly, for 

business and competitive reasons, the 

Exchange proposes to amend the Fee 

Schedule to remove the symbol ‘‘AIG’’ 

from the list of MIAX Select Symbols 

contained in the PCRP as that Select 


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29422 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Notices 

10 15 U.S.C. 78f(b). 

11 15 U.S.C. 78f(b)(4) and (5). 

12The 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. 

13 15 U.S.C. 78s(b)(3)(A)(ii). 

14 17 CFR 240.19b–4(f)(2). 

Symbol is no longer in the Penny 

Program. 

Implementation 

The proposed change is effective 

beginning May 1, 2022. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its Fee Schedule is 

consistent with Section 6(b) of the Act 10

in general, and furthers the objectives of 

Section 6(b)(4) of the Act 11 in 

particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among its members and issuers 

and other persons using its facilities. 

The Exchange also believes the proposal 

furthers the objectives of Section 6(b)(5) 

of the Act 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. 

The Exchange believes the proposal to 

remove the symbol ‘‘AIG’’ from the list 

of MIAX Select Symbols contained in 

the PCRP is consistent with Section 

6(b)(4) of the Act because the proposed 

change will allow for continued benefit 

to investors by providing them an 

updated list of MIAX Select Symbols 

contained in the PCRP on the 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 PCRP itself is reasonably 

designed because it incentivizes 

providers of Priority Customer 12 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 Exchange believes the 

PCRP, 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 similarly situated Priority 

Customer orders in MIAX Select 

Symbols in the PCRP. 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. 

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 should enable the 

Exchange to continue to attract and 

compete for order flow with other 

exchanges. Notwithstanding the 

removal of the symbol ‘‘AIG’’ from the 

Select Symbols list, the Exchange’s 

rebates remain highly competitive with 

those of other exchanges, and therefore 

should enable the Exchange to continue 

to attract and compete for order flow 

with other exchanges which offer 

comparable rebates for particular 

symbols. 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 and rebates to remain competitive 

with other exchanges and to attract 

order flow. 

Further, the Exchange does not 

believe that its proposal to delete the 

symbol ‘‘AIG’’ from the list of MIAX 

Select Symbols contained in the PCRP 

will result in any burden on intramarket or inter-market competition that 

is not necessary or appropriate in 

furtherance of the purposes of the Act. 

This proposed change is a not a 

competitive proposal but rather is 

designed to update the list of MIAX 

Select Symbols contained in the PCRP 

in order to avoid potential confusion on 

the part of market participants and other 

competing options exchanges. 

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 

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

MIAX–2022–18 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 

Number SR–MIAX–2022–18. 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 (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 website viewing and 

printing in the Commission’s Public 


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Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Notices 29423 

15 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). A proposed rule change 

may take effect upon filing with the Commission if 

it is designated by the exchange as ‘‘establishing or 

changing a due, fee, or other charge imposed by the 

self-regulatory organization on any person, whether 

or not the person is a member of the self-regulatory 

organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii). 

4 15 U.S.C. 78s(b)(3)(C). 

5 15 U.S.C. 78s(b)(2)(B). 

6See Securities Exchange Act Release No. 94717 

(April 14, 2022), 87 FR 23648. 

7 17 CFR 200.30–3(a)(12). 

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–2022–18, and 

should be submitted on or before June 

3, 2022. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–10262 Filed 5–12–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94871; File No. SR– 

EMERALD–2022–13] 

Self-Regulatory Organizations; MIAX 

Emerald, LLC; Notice of Withdrawal of 

Proposed Rule Change To Amend the 

MIAX Emerald Fee Schedule To 

Increase Certain Connectivity Fees 

May 9, 2022. 

On April 1, 2022, MIAX Emerald, LLC 

(‘‘MIAX Emerald’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

to Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’),1 and 

Rule 19b–4 thereunder,2 a proposed rule 

change to amend the Exchange’s Fee 

Schedule to increase certain 

connectivity fees. 

The proposed rule change was 

immediately effective upon filing with 

the Commission pursuant to Section 

19(b)(3)(A) of the Act.3 On April 20, 

2022, the proposed rule change was 

published for comment in the Federal 

Register and, pursuant to Section 

19(b)(3)(C) of the Act,4 the Commission: 

(1) Temporarily suspended the 

proposed rule change; and (2) instituted 

proceedings under Section 19(b)(2)(B) of 

the Act 5 to determine whether to 

approve or disapprove the proposed 

rule change.6 On May 2, 2022, the 

Exchange withdrew the proposed rule 

change (SR–EMERALD–2022–13). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–10255 Filed 5–12–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–136, OMB Control No. 

3235–0157] 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of FOIA Services, 

100 F Street NE, Washington, DC 

20549–2736 

Extension: 

Form N–8F 

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’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below. 

Form N–8F (17 CFR 274.218) is the 

form prescribed for use by registered 

investment companies in certain 

circumstances to request orders of the 

Commission declaring that the 

registration of that investment company 

cease to be in effect. The form requests 

information about: (i) The investment 

company’s identity, (ii) the investment 

company’s distributions, (iii) the 

investment company’s assets and 

liabilities, (iv) the events leading to the 

request to deregister, and (v) the 

conclusion of the investment company’s 

business. The information is needed by 

the Commission to determine whether 

an order of deregistration is appropriate. 

The Form takes approximately 5.2 

hours on average to complete. It is 

estimated that approximately 143 

investment companies file Form N–8F 

annually, so the total annual burden for 

the form is estimated to be 

approximately 744 hours. The estimate 

of average burden hours is made solely 

for the purposes of the Paperwork 

Reduction Act and is not derived from 

a comprehensive or even a 

representative survey or study. 

The collection of information on Form 

N–8F is not mandatory. The information 

provided on Form N–8F is not kept 

confidential. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently-valid OMB control number. 

The public may view background 

documentation for this information 

collection at the following website: 

>www.reginfo.gov<. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice by June 13, 2022. to (i) 

MBX.OMB.OIRA.SEC_desk_officer@

omb.eop.gov and (ii) David Bottom, 

Director/Chief Information Officer, 

Securities and Exchange Commission, 

c/o John Pezzullo, 100 F Street NE, 

Washington, DC 20549, or by sending an 

email to: PRA_Mailbox@sec.gov. 

Dated: May 9, 2022. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–10292 Filed 5–12–22; 8:45 am] 

BILLING CODE 8011–01–P 

SELECTIVE SERVICE SYSTEM 

Form To Be Submitted to the Office of 

Management and Budget for Extension 

of Clearance 

AGENCY: Selective Service System. 

ACTION: Notice. 

The following form will be submitted 

to the Office of Management and Budget 

(OMB) for extension of clearance 

without change in compliance with the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35): 

SSS Form 750 

Title: Request for a Medical Exception 

to the COVID–19 Vaccination 

Requirement. 

Summary: Per Executive Order 14043, 

Requiring Coronavirus Disease 2019 

Vaccination for Federal Employees, and 

guidance from the Safer Federal 

Workforce Task Force, the Selective 

Service System (SSS) created and 

received emergency clearance for the 

Agency’s Request for a Medical 

Exception to the COVID–19 Vaccination 


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