80_FR_26682 80 FR 26593 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE Arca Integrated Feed To Add a Late Fee In Connection With Failure To Submit the Non-Display Use Declaration

80 FR 26593 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE Arca Integrated Feed To Add a Late Fee In Connection With Failure To Submit the Non-Display Use Declaration

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 89 (May 8, 2015)

Page Range26593-26595
FR Document2015-11059

Federal Register, Volume 80 Issue 89 (Friday, May 8, 2015)
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Notices]
[Pages 26593-26595]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11059]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74865; File No. SR-NYSEARCA-2015-34]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the Fees 
for NYSE Arca Integrated Feed To Add a Late Fee In Connection With 
Failure To Submit the Non-Display Use Declaration

May 4, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on April 24, 2015, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 proposes to amend the fees for NYSE Arca Integrated 
Feed to add a late fee in connection with failure to submit the non-
display use declaration, operative on May 1, 2015. The text of the 
proposed rule change is available on the Exchange's Web site at 
www.nyse.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 self-regulatory organization 
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 those statements may be examined at

[[Page 26594]]

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 parts 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 fees for NYSE Arca Integrated 
Feed, as set forth on the NYSE Arca Equities Proprietary Market Data 
Fee Schedule (``Fee Schedule''), to add a late fee in connection with 
failure to submit an updated non-display use declaration. The proposed 
change to the Fee Schedule would be operative on May 1, 2015.
    The Exchange established the current fees for non-display services 
for NYSE Arca Integrated Feed in April 2013 and amended those fees in 
September 2014.\4\ The 2013 Non-Display Filing established a 
requirement that data recipients that receive real-time NYSE Arca 
market data subject to Non-Display Use fees submit a declaration with 
respect to their use of non-display data.\5\ In connection with the fee 
changes in the 2014 Non-Display Filing, the Exchange required data 
recipients that receive real-time NYSE Arca market data subject to Non-
Display Use fees to complete and submit an updated Non-Display Use 
Declaration by September 1, 2014.\6\ The 2014 Non-Display Filing also 
established that data recipients are required to submit an updated 
annual Non-Display Use Declaration by January 31st of each year 
beginning in 2016. In addition, if a data recipient's use of real-time 
NYSE Arca market data changes at any time after the data recipient 
submits a Non-Display Use Declaration, the data recipient must inform 
the Exchange of the change by completing and submitting at the time of 
the change an updated declaration reflecting the change of use.
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    \4\ See Securities Exchange Act Release Nos. 69315 (Apr. 5, 
2013), 78 FR 21668 (Apr. 11, 2013) (SR-NYSEArca-2013-37) (``2013 
Non-Display Filing'') and 73011 (Sept. 5, 2014), 79 FR 54315 (Sept. 
11, 2014) (SR-NYSEArca-2014-93) (``2014 Non-Display Filing'').
    \5\ The non-display fee structure established in the 2013 Non-
Display Filing replaced a monthly reporting obligation with respect 
to non-display devices with the requirement to submit the non-
display use declaration. The Exchange also notes that if a data 
recipient only subscribes to products for which there are no non-
display usage fees, e.g., NYSE Arca Realtime Reference Prices, then 
no declaration is required.
    \6\ The current form of the Non-Display Use Declaration 
reflected the changes to the non-display fees set forth in the 2014 
Non-Display Filing and replaced the NYSE Euronext Non-Display Use 
Declaration established in connection with the 2013 Non-Display 
Filing.
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    The Exchange notes that if a data recipient does not timely submit 
a Non-Display Use Declaration, the Exchange does not have up-to-date 
information about the data recipient's data use and therefore may not 
be charging the correct fees to the data recipient. In order to 
correctly assess fees for the non-display use of NYSE Arca Integrated 
Feed, the Exchange needs to have current and accurate information about 
the use of NYSE Arca Integrated Feed. The failure of data recipients to 
submit the Non-Display Use Declaration on time leads to potentially 
incorrect billing and administrative burdens, including tracking and 
obtaining late Non-Display Use Declarations and correcting customer 
records in connection with late Non-Display Use Declarations. The 
purpose of the proposed late fee is to incent data recipients to submit 
the Non-Display Use Declaration promptly to avoid the administrative 
burdens associated with the late submission of Non-Display Use 
Declarations.
    The Exchange proposes to establish a Non-Display Declaration Late 
Fee of $1,000 per month. The proposed fee would be charged to any data 
recipient that pays an Access Fee for NYSE Arca Integrated Feed that 
has failed to timely complete and submit a Non-Display Use Declaration.
    With respect to the Non-Display Use Declaration that was due by 
September 1, 2014, the Non-Display Declaration Late Fee would apply to 
NYSE Arca Integrated Feed data recipients that have not submitted the 
Non-Display Use Declaration by June 30, 2015, and would apply beginning 
July 1, 2015 and for each month thereafter until the data recipient has 
completed and submitted the Non-Display Use Declaration. With respect 
to the annual Non-Display Use Declaration due by January 31st of each 
year beginning in 2016, the Non-Display Declaration Late Fee would 
apply to data recipients that fail to complete and submit the annual 
Non-Display Use Declaration by the January 31st due date, and would 
apply beginning February 1st and for each month thereafter until the 
data recipient has completed and submitted the annual Non-Display Use 
Declaration.\7\ A Non-Display Use Declaration that is clearly 
incomplete would not be considered to have been completed and submitted 
to the Exchange on time.
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    \7\ The Exchange will be proposing to establish the Non-Display 
Declaration Late Fee with respect to each Market Data product on the 
Fee Schedule that includes Non-Display Fees.
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    In addition to adding the Non-Display Declaration Late Fee for NYSE 
Arca Integrated Feed to the Fee Schedule, the Exchange proposes to add 
an endnote to the Fee Schedule that would specify the effective dates 
for the Non-Display Declaration Late Fee as described above, and to 
change the numbering for the existing endnotes as needed.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\8\ in general, and 
Sections 6(b)(4) and 6(b)(5) of the Act,\9\ in particular, in that it 
provides an equitable allocation of reasonable fees among users and 
recipients of the data and is not designed to permit unfair 
discrimination among customers, issuers, and brokers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4), (5).
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    The Exchange believes that it is reasonable to impose a late fee in 
connection with the submission of the Non-Display Use Declaration. In 
order to correctly assess fees for the non-display use of NYSE Arca 
Integrated Feed, the Exchange needs to have current and accurate 
information about the use of NYSE Arca Integrated Feed. The failure of 
data recipients to submit the Non-Display Use Declaration on time leads 
to potentially incorrect billing and administrative burdens, including 
tracking and obtaining late Non-Display Use Declarations and correcting 
and following up on payments owed in connection with late Non-Display 
Use Declarations. The purpose of the late fee is to incent data 
recipients to submit the Non-Display Use Declaration promptly to avoid 
the administrative burdens associated with the late submission of Non-
Display Use Declarations. The Non-Display Declaration Late Fee is 
equitable and not unfairly discriminatory because it will apply to all 
data recipients that choose to subscribe to the NYSE Arca Integrated 
Feed.
    The Non-Display Declaration Late Fee is also consistent with 
similar pricing adopted in 2013 by the Consolidated Tape Association 
(``CTA'').\10\ The CTA imposes a monthly fee of $2,500 for each of 
Network A and Network B for firms that fail to comply with their 
reporting obligations in a timely manner.
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    \10\ See Securities Exchange Act Release No. 70010 (July 19, 
2013), 78 FR 44984 (July 25, 2013) (SR-CTA/CQ-2013-04).

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[[Page 26595]]

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 that is not necessary or appropriate 
in furtherance of the purposes of the Act. An exchange's ability to 
price its proprietary market data feed products is constrained by 
actual competition for the sale of proprietary market data products, 
the joint product nature of exchange platforms, and the existence of 
alternatives to the Exchange's proprietary data. In addition to being 
able to choose which proprietary data products (if any) to use and how 
to use them, a user can avoid the late fees that are the subject of 
this filing entirely by simply complying with the requisite deadlines.
    In setting the proposed fees, the Exchange considered the 
competitiveness of the market for proprietary data and all of the 
implications of that competition. The Exchange believes that it has 
considered all relevant factors and has not considered irrelevant 
factors in order to establish fair, reasonable, and not unreasonably 
discriminatory fees and an equitable allocation of fees among all 
users. The existence of fierce competition to sell proprietary data 
products and for order flow, as well as numerous alternatives to the 
Exchange's products, including proprietary data from other sources, 
ensures that the Exchange cannot set unreasonable fees, or fees that 
are unreasonably discriminatory, when vendors and subscribers can elect 
these alternatives or choose not to purchase a specific proprietary 
data product if the attendant fees are not justified by the returns 
that any particular vendor or data recipient would achieve through the 
purchase (the returns on use being a particularly important aspect of 
non-display uses of proprietary data).

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \12\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such 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) \13\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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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 [email protected]. Please include 
File Number SR-NYSEARCA-2015-34 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-NYSEARCA-2015-34. 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 will also be 
available for inspection and copying at the NYSE's principal office and 
on its Internet Web site at www.nyse.com. 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-NYSEARCA-2015-34, and should be 
submitted on or before May 29, 2015.

    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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Brent J. Fields,
 Secretary.
[FR Doc. 2015-11059 Filed 5-7-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                       Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices                                                 26593

                                                    III. Procedure: Request for Written                     applicable generic listing requirements,                For the Commission, by the Division of
                                                    Comments                                                would minimize potential                              Trading and Markets, pursuant to delegated
                                                                                                            manipulation.                                         authority.21
                                                       The Commission requests that                                                                               Brent J. Fields,
                                                    interested persons provide written                        Comments may be submitted by any
                                                                                                                                                                  Secretary.
                                                    submissions of their views, data, and                   of the following methods:
                                                                                                                                                                  [FR Doc. 2015–11057 Filed 5–7–15; 8:45 am]
                                                    arguments with respect to the issues
                                                    identified above, as well as any other                  Electronic Comments                                   BILLING CODE 8011–01–P

                                                    concerns they may have with the                           • Use the Commission’s Internet
                                                    proposal. In particular, the Commission                 comment form (http://www.sec.gov/                     SECURITIES AND EXCHANGE
                                                    invites the written views of interested                 rules/sro.shtml); or                                  COMMISSION
                                                    persons concerning whether the
                                                    proposal is consistent with Section                       • Send an email to rule-comments@                   [Release No. 34–74865; File No. SR–
                                                    6(b)(5) or any other provision of the Act,              sec.gov. Please include File Number SR–               NYSEARCA–2015–34]
                                                    or the rules and regulations thereunder.                NYSEArca–2015–01 on the subject line.
                                                    Although there do not appear to be any                                                                        Self-Regulatory Organizations; NYSE
                                                                                                            Paper Comments                                        Arca, Inc.; Notice of Filing and
                                                    issues relevant to approval or
                                                                                                                                                                  Immediate Effectiveness of Proposed
                                                    disapproval that would be facilitated by                  • Send paper comments in triplicate
                                                    an oral presentation of views, data, and                                                                      Rule Change Amending the Fees for
                                                                                                            to Secretary, Securities and Exchange
                                                    arguments, the Commission will                                                                                NYSE Arca Integrated Feed To Add a
                                                                                                            Commission, 100 F Street NE.,
                                                    consider, pursuant to Rule 19b–4, any                                                                         Late Fee In Connection With Failure To
                                                                                                            Washington, DC 20549–1090.                            Submit the Non-Display Use
                                                    request for an opportunity to make an
                                                    oral presentation.19                                    All submissions should refer to File                  Declaration
                                                       Interested persons are invited to                    Numbers SR–NYSEArca–2015–01. This
                                                                                                                                                                  May 4, 2015.
                                                    submit written data, views, and                         file number should be included on the
                                                                                                                                                                     Pursuant to Section 19(b)(1) 1 of the
                                                    arguments regarding whether the                         subject line if email is used. To help the            Securities Exchange Act of 1934 (the
                                                    proposal should be approved or                          Commission process and review your                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    disapproved by May 29, 2015. Any                        comments more efficiently, please use                 notice is hereby given that, on April 24,
                                                    person who wishes to file a rebuttal to                 only one method. The Commission will                  2015, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                    any other person’s submission must file                 post all comments on the Commission’s                 or ‘‘NYSE Arca’’) filed with the
                                                    that rebuttal by June 12, 2015.                         Internet Web site (http://www.sec.gov/                Securities and Exchange Commission
                                                       The Commission asks that                             rules/sro.shtml). Copies of the                       (the ‘‘Commission’’) the proposed rule
                                                    commenters address the sufficiency of                   submission, all subsequent                            change as described in Items I, II, and
                                                    the Exchange’s statements in support of                 amendments, all written statements                    III below, which Items have been
                                                    the proposal, which are set forth in the                with respect to the proposed rule                     prepared by the self-regulatory
                                                    Notice,20 in addition to any other                      change that are filed with the                        organization. The Commission is
                                                    comments they may wish to submit                        Commission, and all written                           publishing this notice to solicit
                                                    about the proposed rule change. In                      communications relating to the                        comments on the proposed rule change
                                                    particular, the Exchange concludes that                 proposed rule change between the                      from interested persons.
                                                    individual CUSIPs comprising the                        Commission and any person, other than
                                                    municipal bond offering can be                                                                                I. Self-Regulatory Organization’s
                                                                                                            those that may be withheld from the                   Statement of the Terms of Substance of
                                                    expected to be relatively fungible to one
                                                                                                            public in accordance with the                         the Proposed Rule Change
                                                    another and that consideration of the
                                                    aggregate size of the municipal bond                    provisions of 5 U.S.C. 552, will be
                                                                                                            available for Web site viewing and                      The Exchange proposes to amend the
                                                    offering, rather than the individual bond                                                                     fees for NYSE Arca Integrated Feed to
                                                    component, does not raise concerns                      printing in the Commission’s Public
                                                                                                                                                                  add a late fee in connection with failure
                                                    regarding pricing or liquidity of the                   Reference Room, 100 F Street NE.,
                                                                                                                                                                  to submit the non-display use
                                                    applicable municipal bond index                         Washington, DC 20549, on official
                                                                                                                                                                  declaration, operative on May 1, 2015.
                                                    components or of the Units overlying                    business days between the hours of                    The text of the proposed rule change is
                                                    the applicable index. With respect to                   10:00 a.m. and 3:00 p.m. Copies of these              available on the Exchange’s Web site at
                                                    these conclusions, the Commission                       filings also will be available for                    www.nyse.com, at the principal office of
                                                    seeks comment on whether the generic                    inspection and copying at the principal               the Exchange, and at the Commission’s
                                                    listing criterion proposed to be amended                office of the Exchange. All comments                  Public Reference Room.
                                                    would continue to serve to ensure that                  received will be posted without change;
                                                    the underlying securities of these fixed                the Commission does not edit personal                 II. Self-Regulatory Organization’s
                                                    income indexes are sufficiently liquid                  identifying information from                          Statement of the Purpose of, and
                                                    and price-transparent, and that, when                   submissions. You should submit only                   Statutory Basis for, the Proposed Rule
                                                    applied in conjunction with the other                   information that you wish to make                     Change
                                                                                                            available publicly. All submissions                     In its filing with the Commission, the
                                                      19 Section  19(b)(2) of the Act, as amended by the    should refer to File Number SR–                       self-regulatory organization included
                                                    Securities Act Amendments of 1975, Public Law
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    94–29 (June 4, 1975), grants the Commission             NYSEArca–2015–01 and should be                        statements concerning the purpose of,
                                                    flexibility to determine what type of proceeding—       submitted on or before May 29, 2015.                  and basis for, the proposed rule change
                                                    either oral or notice and opportunity for written       Rebuttal comments should be submitted                 and discussed any comments it received
                                                    comments—is appropriate for consideration of a                                                                on the proposed rule change. The text
                                                    particular proposal by a self-regulatory                by June 12,2015.
                                                    organization. See Securities Act Amendments of
                                                                                                                                                                  of those statements may be examined at
                                                    1975, Senate Comm. on Banking, Housing & Urban
                                                                                                                                                                    1 15 U.S.C. 78s(b)(1).
                                                    Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30
                                                    (1975).                                                                                                         2 15 U.S.C. 78a.
                                                       20 See supra note 3.                                  21 17   CFR 200.30–3(a)(57).                           3 17 CFR 240.19b–4.




                                               VerDate Sep<11>2014   16:38 May 07, 2015   Jkt 235001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\08MYN1.SGM   08MYN1


                                                    26594                             Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices

                                                    the places specified in Item IV below.                  updated declaration reflecting the                    have been completed and submitted to
                                                    The Exchange has prepared summaries,                    change of use.                                        the Exchange on time.
                                                    set forth in sections A, B, and C below,                   The Exchange notes that if a data                     In addition to adding the Non-Display
                                                    of the most significant parts of such                   recipient does not timely submit a Non-               Declaration Late Fee for NYSE Arca
                                                    statements.                                             Display Use Declaration, the Exchange                 Integrated Feed to the Fee Schedule, the
                                                    A. Self-Regulatory Organization’s                       does not have up-to-date information                  Exchange proposes to add an endnote to
                                                    Statement of the Purpose of, and                        about the data recipient’s data use and               the Fee Schedule that would specify the
                                                    Statutory Basis for, the Proposed Rule                  therefore may not be charging the                     effective dates for the Non-Display
                                                    Change                                                  correct fees to the data recipient. In                Declaration Late Fee as described above,
                                                                                                            order to correctly assess fees for the                and to change the numbering for the
                                                    1. Purpose                                                                                                    existing endnotes as needed.
                                                                                                            non-display use of NYSE Arca
                                                       The Exchange proposes to amend the                   Integrated Feed, the Exchange needs to                2. Statutory Basis
                                                    fees for NYSE Arca Integrated Feed, as                  have current and accurate information
                                                    set forth on the NYSE Arca Equities                     about the use of NYSE Arca Integrated                    The Exchange believes that the
                                                    Proprietary Market Data Fee Schedule                    Feed. The failure of data recipients to               proposed rule change is consistent with
                                                    (‘‘Fee Schedule’’), to add a late fee in                submit the Non-Display Use Declaration                the provisions of Section 6 of the Act,8
                                                    connection with failure to submit an                                                                          in general, and Sections 6(b)(4) and
                                                                                                            on time leads to potentially incorrect
                                                    updated non-display use declaration.                                                                          6(b)(5) of the Act,9 in particular, in that
                                                                                                            billing and administrative burdens,
                                                    The proposed change to the Fee                                                                                it provides an equitable allocation of
                                                                                                            including tracking and obtaining late
                                                    Schedule would be operative on May 1,                                                                         reasonable fees among users and
                                                                                                            Non-Display Use Declarations and
                                                    2015.                                                                                                         recipients of the data and is not
                                                       The Exchange established the current                 correcting customer records in
                                                                                                            connection with late Non-Display Use                  designed to permit unfair
                                                    fees for non-display services for NYSE                                                                        discrimination among customers,
                                                    Arca Integrated Feed in April 2013 and                  Declarations. The purpose of the
                                                                                                            proposed late fee is to incent data                   issuers, and brokers.
                                                    amended those fees in September 2014.4
                                                                                                            recipients to submit the Non-Display                     The Exchange believes that it is
                                                    The 2013 Non-Display Filing                                                                                   reasonable to impose a late fee in
                                                    established a requirement that data                     Use Declaration promptly to avoid the
                                                                                                            administrative burdens associated with                connection with the submission of the
                                                    recipients that receive real-time NYSE                                                                        Non-Display Use Declaration. In order
                                                    Arca market data subject to Non-Display                 the late submission of Non-Display Use
                                                                                                            Declarations.                                         to correctly assess fees for the non-
                                                    Use fees submit a declaration with                                                                            display use of NYSE Arca Integrated
                                                    respect to their use of non-display data.5                 The Exchange proposes to establish a               Feed, the Exchange needs to have
                                                    In connection with the fee changes in                   Non-Display Declaration Late Fee of                   current and accurate information about
                                                    the 2014 Non-Display Filing, the                        $1,000 per month. The proposed fee                    the use of NYSE Arca Integrated Feed.
                                                    Exchange required data recipients that                  would be charged to any data recipient                The failure of data recipients to submit
                                                    receive real-time NYSE Arca market                      that pays an Access Fee for NYSE Arca                 the Non-Display Use Declaration on
                                                    data subject to Non-Display Use fees to                 Integrated Feed that has failed to timely             time leads to potentially incorrect
                                                    complete and submit an updated Non-                     complete and submit a Non-Display Use                 billing and administrative burdens,
                                                    Display Use Declaration by September                    Declaration.                                          including tracking and obtaining late
                                                    1, 2014.6 The 2014 Non-Display Filing                      With respect to the Non-Display Use                Non-Display Use Declarations and
                                                    also established that data recipients are               Declaration that was due by September                 correcting and following up on
                                                    required to submit an updated annual                    1, 2014, the Non-Display Declaration                  payments owed in connection with late
                                                    Non-Display Use Declaration by January                  Late Fee would apply to NYSE Arca                     Non-Display Use Declarations. The
                                                    31st of each year beginning in 2016. In                 Integrated Feed data recipients that have             purpose of the late fee is to incent data
                                                    addition, if a data recipient’s use of real-                                                                  recipients to submit the Non-Display
                                                                                                            not submitted the Non-Display Use
                                                    time NYSE Arca market data changes at                                                                         Use Declaration promptly to avoid the
                                                                                                            Declaration by June 30, 2015, and would
                                                    any time after the data recipient submits                                                                     administrative burdens associated with
                                                                                                            apply beginning July 1, 2015 and for
                                                    a Non-Display Use Declaration, the data                                                                       the late submission of Non-Display Use
                                                                                                            each month thereafter until the data
                                                    recipient must inform the Exchange of                                                                         Declarations. The Non-Display
                                                                                                            recipient has completed and submitted
                                                    the change by completing and                                                                                  Declaration Late Fee is equitable and
                                                                                                            the Non-Display Use Declaration. With
                                                    submitting at the time of the change an                                                                       not unfairly discriminatory because it
                                                                                                            respect to the annual Non-Display Use
                                                      4 See Securities Exchange Act Release Nos. 69315
                                                                                                            Declaration due by January 31st of each               will apply to all data recipients that
                                                    (Apr. 5, 2013), 78 FR 21668 (Apr. 11, 2013) (SR–        year beginning in 2016, the Non-Display               choose to subscribe to the NYSE Arca
                                                    NYSEArca–2013–37) (‘‘2013 Non-Display Filing’’)         Declaration Late Fee would apply to                   Integrated Feed.
                                                    and 73011 (Sept. 5, 2014), 79 FR 54315 (Sept. 11,       data recipients that fail to complete and                The Non-Display Declaration Late Fee
                                                    2014) (SR–NYSEArca–2014–93) (‘‘2014 Non-
                                                    Display Filing’’).
                                                                                                            submit the annual Non-Display Use                     is also consistent with similar pricing
                                                      5 The non-display fee structure established in the    Declaration by the January 31st due                   adopted in 2013 by the Consolidated
                                                    2013 Non-Display Filing replaced a monthly              date, and would apply beginning                       Tape Association (‘‘CTA’’).10 The CTA
                                                    reporting obligation with respect to non-display        February 1st and for each month                       imposes a monthly fee of $2,500 for
                                                    devices with the requirement to submit the non-
                                                    display use declaration. The Exchange also notes
                                                                                                            thereafter until the data recipient has               each of Network A and Network B for
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                                                    that if a data recipient only subscribes to products    completed and submitted the annual                    firms that fail to comply with their
                                                    for which there are no non-display usage fees, e.g.,    Non-Display Use Declaration.7 A Non-                  reporting obligations in a timely
                                                    NYSE Arca Realtime Reference Prices, then no            Display Use Declaration that is clearly               manner.
                                                    declaration is required.
                                                      6 The current form of the Non-Display Use
                                                                                                            incomplete would not be considered to
                                                                                                                                                                    8 15  U.S.C. 78f(b).
                                                    Declaration reflected the changes to the non-display
                                                                                                                                                                    9 15  U.S.C. 78f(b)(4), (5).
                                                    fees set forth in the 2014 Non-Display Filing and         7 TheExchange will be proposing to establish the
                                                    replaced the NYSE Euronext Non-Display Use              Non-Display Declaration Late Fee with respect to         10 See Securities Exchange Act Release No. 70010

                                                    Declaration established in connection with the 2013     each Market Data product on the Fee Schedule that     (July 19, 2013), 78 FR 44984 (July 25, 2013) (SR–
                                                    Non-Display Filing.                                     includes Non-Display Fees.                            CTA/CQ–2013–04).



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                                                                                        Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices                                                         26595

                                                    B. Self-Regulatory Organization’s                         thereunder, because it establishes a due,                business days between the hours of
                                                    Statement on Burden on Competition                        fee, or other charge imposed by the                      10:00 a.m. and 3:00 p.m. Copies of the
                                                       The Exchange does not believe that                     Exchange.                                                filing will also be available for
                                                    the proposed rule change will impose                         At any time within 60 days of the                     inspection and copying at the NYSE’s
                                                    any burden on competition that is not                     filing of such proposed rule change, the                 principal office and on its Internet Web
                                                    necessary or appropriate in furtherance                   Commission summarily may                                 site at www.nyse.com. All comments
                                                    of the purposes of the Act. An                            temporarily suspend such rule change if                  received will be posted without change;
                                                    exchange’s ability to price its                           it appears to the Commission that such                   the Commission does not edit personal
                                                    proprietary market data feed products is                  action is necessary or appropriate in the                identifying information from
                                                    constrained by actual competition for                     public interest, for the protection of                   submissions. You should submit only
                                                    the sale of proprietary market data                       investors, or otherwise in furtherance of                information that you wish to make
                                                    products, the joint product nature of                     the purposes of the Act. If the                          available publicly. All submissions
                                                    exchange platforms, and the existence of                  Commission takes such action, the                        should refer to File Number SR–
                                                    alternatives to the Exchange’s                            Commission shall institute proceedings                   NYSEARCA–2015–34, and should be
                                                    proprietary data. In addition to being                    under Section 19(b)(2)(B) 13 of the Act to               submitted on or before May 29, 2015.
                                                    able to choose which proprietary data                     determine whether the proposed rule                        For the Commission, by the Division of
                                                    products (if any) to use and how to use                   change should be approved or                             Trading and Markets, pursuant to delegated
                                                    them, a user can avoid the late fees that                 disapproved.                                             authority.14
                                                    are the subject of this filing entirely by                IV. Solicitation of Comments                             Brent J. Fields,
                                                    simply complying with the requisite                                                                                Secretary.
                                                    deadlines.                                                  Interested persons are invited to
                                                                                                              submit written data, views, and                          [FR Doc. 2015–11059 Filed 5–7–15; 8:45 am]
                                                       In setting the proposed fees, the
                                                    Exchange considered the                                   arguments concerning the foregoing,                      BILLING CODE 8011–01–P

                                                    competitiveness of the market for                         including whether the proposed rule
                                                    proprietary data and all of the                           change is consistent with the Act.
                                                                                                              Comments may be submitted by any of                      SECURITIES AND EXCHANGE
                                                    implications of that competition. The                                                                              COMMISSION
                                                    Exchange believes that it has considered                  the following methods:
                                                    all relevant factors and has not                          Electronic Comments                                      [Release No. 34–74866; File No. SR–
                                                    considered irrelevant factors in order to                                                                          NYSEArca–2015–15]
                                                                                                                 • Use the Commission’s Internet
                                                    establish fair, reasonable, and not
                                                                                                              comment form (http://www.sec.gov/                        Self-Regulatory Organizations; NYSE
                                                    unreasonably discriminatory fees and an
                                                                                                              rules/sro.shtml); or                                     Arca, Inc.; Order Approving a
                                                    equitable allocation of fees among all
                                                                                                                 • Send an email to rule-comments@                     Proposed Rule Change, as Modified by
                                                    users. The existence of fierce
                                                                                                              sec.gov. Please include File Number SR–                  Amendment No. 1, to the List and
                                                    competition to sell proprietary data
                                                                                                              NYSEARCA–2015–34 on the subject                          Trade Shares of the Principal EDGE
                                                    products and for order flow, as well as
                                                                                                              line.                                                    Active Income ETF Under NYSE Arca
                                                    numerous alternatives to the Exchange’s
                                                    products, including proprietary data                      Paper Comments                                           Equities Rule 8.600
                                                    from other sources, ensures that the                         • Send paper comments in triplicate                   May 4, 2015.
                                                    Exchange cannot set unreasonable fees,                    to Secretary, Securities and Exchange
                                                    or fees that are unreasonably                                                                                      I. Introduction
                                                                                                              Commission, 100 F Street NE.,
                                                    discriminatory, when vendors and                          Washington, DC 20549–1090.                                  On March 12, 2015, NYSE Arca, Inc.
                                                    subscribers can elect these alternatives                                                                           (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
                                                                                                              All submissions should refer to File
                                                    or choose not to purchase a specific                                                                               with the Securities and Exchange
                                                                                                              Number SR–NYSEARCA–2015–34. This
                                                    proprietary data product if the attendant                                                                          Commission (the ‘‘Commission’’),
                                                                                                              file number should be included on the
                                                    fees are not justified by the returns that                                                                         pursuant to Section 19(b)(1) 1 of the
                                                                                                              subject line if email is used.
                                                    any particular vendor or data recipient                      To help the Commission process and                    Securities Exchange Act of 1934 (the
                                                    would achieve through the purchase                        review your comments more efficiently,                   ‘‘Act’’ or ‘‘Exchange Act’’) 2 and Rule
                                                    (the returns on use being a particularly                                                                           19b–4 thereunder,3 a proposed rule
                                                                                                              please use only one method. The
                                                    important aspect of non-display uses of                                                                            change to list and trade shares
                                                                                                              Commission will post all comments on
                                                    proprietary data).                                                                                                 (‘‘Shares’’) of the Principal EDGE Active
                                                                                                              the Commission’s Internet Web site
                                                    C. Self-Regulatory Organization’s                         (http://www.sec.gov/rules/sro.shtml).                    Income ETF (‘‘Fund’’) under NYSE Arca
                                                    Statement on Comments on the                              Copies of the submission, all subsequent                 Equities Rule 8.600. The proposed rule
                                                    Proposed Rule Change Received From                        amendments, all written statements                       change was published for comment in
                                                    Members, Participants, or Others                          with respect to the proposed rule                        the Federal Register on March 27,
                                                                                                              change that are filed with the                           2015.4 On April 14, 2015, the Exchange
                                                      No written comments were solicited                                                                               filed Amendment No. 1 to the
                                                    or received with respect to the proposed                  Commission, and all written
                                                                                                              communications relating to the                           proposal.5 The Commission received no
                                                    rule change.
                                                                                                              proposed rule change between the
                                                    III. Date of Effectiveness of the                         Commission and any person, other than
                                                                                                                                                                         14 17 CFR 200.30–3(a)(12).
                                                                                                                                                                         1 15 U.S.C. 78s(b)(1).
                                                    Proposed Rule Change and Timing for                       those that may be withheld from the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                         2 15 U.S.C. 78a.
                                                    Commission Action                                         public in accordance with the                              3 17 CFR 240.19b–4.

                                                       The foregoing rule change is effective                 provisions of 5 U.S.C. 552, will be                        4 See Securities Exchange Act Release No. 74562

                                                    upon filing pursuant to Section                           available for Web site viewing and                       (March 23, 2015), 80 FR 16477 (‘‘Notice’’).
                                                    19(b)(3)(A) 11 of the Act and                             printing in the Commission’s Public                        5 In Amendment No. 1, the Exchange: (1) Clarifies

                                                                                                              Reference Room, 100 F Street NE.,                        that the Fund’s investments in restricted securities
                                                    subparagraph (f)(2) of Rule 19b–4 12                                                                               (Rule 144A securities) will be limited to fixed
                                                                                                              Washington, DC 20549, on official                        income securities; and (2) specifies that the Fund
                                                      11 15   U.S.C. 78s(b)(3)(A).                                                                                     will not invest in debt that is in default at the time
                                                      12 17   CFR 240.19b–4(f)(2).                             13 15   U.S.C. 78s(b)(2)(B).                                                                         Continued




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Document Created: 2018-02-21 10:24:25
Document Modified: 2018-02-21 10:24:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 26593 

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