80_FR_27052 80 FR 26962 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE OpenBook To Add a Late Fee in Connection With Failure To Submit the Non-Display Use Declaration

80 FR 26962 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE OpenBook 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 90 (May 11, 2015)

Page Range26962-26964
FR Document2015-11270

Federal Register, Volume 80 Issue 90 (Monday, May 11, 2015)
[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26962-26964]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11270]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74870; File No. SR-NYSE-2015-20]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Amending the Fees for NYSE OpenBook To Add a Late Fee in Connection 
With Failure To Submit the Non-Display Use Declaration

May 5, 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, New York Stock Exchange LLC (``NYSE'' or 
the ``Exchange'') 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 OpenBook 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 
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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the fees for NYSE OpenBook, as set 
forth on the NYSE 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 OpenBook 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 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

[[Page 26963]]

Filing, the Exchange required data recipients that receive real-time 
NYSE 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 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. 69278 (April 2, 
2013), 78 FR 20973 (April 8, 2013) (SR-2013-25 [sic]) (``2013 Non-
Display Filing'') and 72923 (Aug. 26, 2014), 79 FR 52079 (Sept. 2, 
2014) (SR-NYSE-2014-43) (``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 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.
---------------------------------------------------------------------------

    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 OpenBook, the 
Exchange needs to have current and accurate information about the use 
of NYSE OpenBook. 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 OpenBook 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 OpenBook 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.
---------------------------------------------------------------------------

    In addition to adding the Non-Display Declaration Late Fee for NYSE 
OpenBook 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

    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 
OpenBook, the Exchange needs to have current and accurate information 
about the use of NYSE OpenBook. 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 OpenBook 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.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 70010 (July 19, 
2013), 78 FR 44984 (July 25, 2013) (SR-CTA/CQ-2013-04).
---------------------------------------------------------------------------

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).

[[Page 26964]]

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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \13\ 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

     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-NYSE-2015-20 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSE-2015-20. 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-NYSE-2015-20 and should be submitted on or before June 
1, 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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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-11270 Filed 5-8-15; 8:45 am]
 BILLING CODE 8011-01-P



                                              26962                           Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices

                                              new FBMS system. The Commission                         those that may be withheld from the                   I. Self-Regulatory Organization’s
                                              also notes that the Exchange represents                 public in accordance with the                         Statement of the Terms of Substance of
                                              that the proposal does not affect the                   provisions of 5 U.S.C. 552, will be                   the Proposed Rule Change
                                              priority of electronic AON orders.                      available for Web site viewing and                       The Exchange proposes to amend the
                                              Accordingly, the Commission hereby                      printing in the Commission’s Public                   fees for NYSE OpenBook to add a late
                                              waives the 30-day operative delay and                   Reference Room, 100 F Street NE.,                     fee in connection with failure to submit
                                              designates the proposal operative upon                  Washington, DC 20549, on official                     the non-display use declaration,
                                              filing.14                                               business days between the hours of                    operative on May 1, 2015. The text of
                                                 At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of such               the proposed rule change is available on
                                              filing of the proposed rule change, the                                                                       the Exchange’s Web site at
                                                                                                      filing also will be available for
                                              Commission summarily may                                                                                      www.nyse.com, at the principal office of
                                                                                                      inspection and copying at the principal
                                              temporarily suspend such rule change if                                                                       the Exchange, and at the Commission’s
                                              it appears to the Commission that such                  offices of the Exchange. All comments
                                                                                                      received will be posted without change;               Public Reference Room.
                                              action is: (i) Necessary or appropriate in
                                              the public interest; (ii) for the protection            the Commission does not edit personal                 II. Self-Regulatory Organization’s
                                              of investors; or (iii) otherwise in                     identifying information from                          Statement of the Purpose of, and
                                              furtherance of the purposes of the Act.15               submissions. You should submit only                   Statutory Basis for, the Proposed Rule
                                              If the Commission takes such action, the                information that you wish to make                     Change
                                              Commission shall institute proceedings                  available publicly. All submissions                      In its filing with the Commission, the
                                              to determine whether the proposed rule                  should refer to File Number SR-Phlx-                  self-regulatory organization included
                                              change should be approved or                            2015–37, and should be submitted on or                statements concerning the purpose of,
                                              disapproved.16                                          before June 1, 2015.                                  and basis for, the proposed rule change
                                              IV. Solicitation of Comments                               For the Commission, by the Division of             and discussed any comments it received
                                                                                                      Trading and Markets, pursuant to delegated            on the proposed rule change. The text
                                                Interested persons are invited to                                                                           of those statements may be examined at
                                                                                                      authority.17
                                              submit written data, views, and                                                                               the places specified in Item IV below.
                                              arguments concerning the foregoing,                     Jill M. Peterson,
                                                                                                                                                            The Exchange has prepared summaries,
                                              including whether the proposed rule                     Assistant Secretary.
                                                                                                                                                            set forth in sections A, B, and C below,
                                              change is consistent with the Act.                      [FR Doc. 2015–11273 Filed 5–8–15; 8:45 am]
                                                                                                                                                            of the most significant parts of such
                                              Comments may be submitted by any of                     BILLING CODE 8011–01–P                                statements.
                                              the following methods:
                                                                                                                                                            A. Self-Regulatory Organization’s
                                              Electronic Comments                                                                                           Statement of the Purpose of, and the
                                                                                                      SECURITIES AND EXCHANGE
                                                • Use the Commission’s Internet                       COMMISSION                                            Statutory Basis for, the Proposed Rule
                                              comment form (http://www.sec.gov/                                                                             Change
                                              rules/sro.shtml); or
                                                • Send an email to rule-comments@                     [Release No. 34–74870; File No. SR–NYSE–              1. Purpose
                                              sec.gov. Please include File Number SR–                 2015–20]                                                 The Exchange proposes to amend the
                                              Phlx–2015–37 on the subject line.                                                                             fees for NYSE OpenBook, as set forth on
                                                                                                      Self-Regulatory Organizations; New                    the NYSE Proprietary Market Data Fee
                                              Paper Comments                                          York Stock Exchange LLC; Notice of                    Schedule (‘‘Fee Schedule’’), to add a late
                                                • Send paper comments in triplicate                   Filing and Immediate Effectiveness of                 fee in connection with failure to submit
                                              to Secretary, Securities and Exchange                   Proposed Rule Change Amending the                     an updated non-display use declaration.
                                              Commission, 100 F Street NE.,                           Fees for NYSE OpenBook To Add a                       The proposed change to the Fee
                                              Washington, DC 20549–1090.                              Late Fee in Connection With Failure To                Schedule would be operative on May 1,
                                              All submissions should refer to File                    Submit the Non-Display Use                            2015.
                                              Number SR–Phlx–2015–37. This file                       Declaration                                              The Exchange established the current
                                              number should be included on the                                                                              fees for non-display services for NYSE
                                                                                                      May 5, 2015.                                          OpenBook in April 2013 and amended
                                              subject line if email is used. To help the
                                              Commission process and review your                         Pursuant to Section 19(b)(1) 1 of the              those fees in September 2014.4 The 2013
                                              comments more efficiently, please use                   Securities Exchange Act of 1934 (the                  Non-Display Filing established a
                                              only one method. The Commission will                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                requirement that data recipients that
                                              post all comments on the Commission’s                   notice is hereby given that, on April 24,             receive real-time NYSE market data
                                              Internet Web site (http://www.sec.gov/                  2015, New York Stock Exchange LLC                     subject to Non-Display Use fees submit
                                              rules/sro.shtml). Copies of the                         (‘‘NYSE’’ or the ‘‘Exchange’’) filed with             a declaration with respect to their use of
                                              submission, all subsequent                              the Securities and Exchange                           non-display data.5 In connection with
                                              amendments, all written statements                      Commission (the ‘‘Commission’’) the                   the fee changes in the 2014 Non-Display
                                              with respect to the proposed rule                       proposed rule change as described in                    4 See Securities Exchange Act Release Nos. 69278
                                              change that are filed with the                          Items I, II, and III below, which Items               (April 2, 2013), 78 FR 20973 (April 8, 2013) (SR–
                                              Commission, and all written                             have been prepared by the self-                       2013–25 [sic]) (‘‘2013 Non-Display Filing’’) and
                                              communications relating to the                          regulatory organization. The                          72923 (Aug. 26, 2014), 79 FR 52079 (Sept. 2, 2014)
                                              proposed rule change between the                        Commission is publishing this notice to               (SR–NYSE–2014–43) (‘‘2014 Non-Display Filing’’).
                                                                                                                                                              5 The non-display fee structure established in the
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                                              Commission and any person, other than                   solicit comments on the proposed rule                 2013 Non-Display Filing replaced a monthly
                                                14 For purposes only of waiving the 30-day
                                                                                                      change from interested persons.                       reporting obligation with respect to non-display
                                                                                                                                                            devices with the requirement to submit the non-
                                              operative delay, the Commission has considered the                                                            display use declaration. The Exchange also notes
                                                                                                        17 17 CFR 200.30–3(a)(12).
                                              proposed rule’s impact on efficiency, competition,                                                            that if a data recipient only subscribes to products
                                              and capital formation. See 15 U.S.C. 78c(f).              1 15 U.S.C.78s(b)(1).                               for which there are no non-display usage fees, e.g.,
                                                15 15 U.S.C. 78s(b)(3)(C).                              2 15 U.S.C. 78a.
                                                                                                                                                            NYSE Realtime Reference Prices, then no
                                                16 Id.                                                  3 17 CFR 240.19b–4.                                 declaration is required.



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                                                                              Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices                                                     26963

                                              Filing, the Exchange required data                      the Non-Display Use Declaration. With                 equitable and not unfairly
                                              recipients that receive real-time NYSE                  respect to the annual Non-Display Use                 discriminatory because it will apply to
                                              market data subject to Non-Display Use                  Declaration due by January 31st of each               all data recipients that choose to
                                              fees to complete and submit an updated                  year beginning in 2016, the Non-Display               subscribe to the NYSE OpenBook feed.
                                              Non-Display Use Declaration by                          Declaration Late Fee would apply to                      The Non-Display Declaration Late Fee
                                              September 1, 2014.6 The 2014 Non-                       data recipients that fail to complete and             is also consistent with similar pricing
                                              Display Filing also established that data               submit the annual Non-Display Use                     adopted in 2013 by the Consolidated
                                              recipients are required to submit an                    Declaration by the January 31st due                   Tape Association (‘‘CTA’’).10 The CTA
                                              updated annual Non-Display Use                          date, and would apply beginning                       imposes a monthly fee of $2,500 for
                                              Declaration by January 31st of each year                February 1st and for each month                       each of Network A and Network B for
                                              beginning in 2016. In addition, if a data               thereafter until the data recipient has               firms that fail to comply with their
                                              recipient’s use of real-time NYSE market                completed and submitted the annual                    reporting obligations in a timely
                                              data changes at any time after the data                 Non-Display Use Declaration.7 A Non-                  manner.
                                              recipient submits a Non-Display Use                     Display Use Declaration that is clearly
                                              Declaration, the data recipient must                    incomplete would not be considered to                 B. Self-Regulatory Organization’s
                                              inform the Exchange of the change by                    have been completed and submitted to                  Statement on Burden on Competition
                                              completing and submitting at the time                   the Exchange on time.
                                                                                                                                                               The Exchange does not believe that
                                              of the change an updated declaration                       In addition to adding the Non-Display
                                                                                                                                                            the proposed rule change will impose
                                              reflecting the change of use.                           Declaration Late Fee for NYSE
                                                 The Exchange notes that if a data                    OpenBook to the Fee Schedule, the                     any burden on competition that is not
                                              recipient does not timely submit a Non-                 Exchange proposes to add an endnote to                necessary or appropriate in furtherance
                                              Display Use Declaration, the Exchange                   the Fee Schedule that would specify the               of the purposes of the Act. An
                                              does not have up-to-date information                    effective dates for the Non-Display                   exchange’s ability to price its
                                              about the data recipient’s data use and                 Declaration Late Fee as described above,              proprietary market data feed products is
                                              therefore may not be charging the                       and to change the numbering for the                   constrained by actual competition for
                                              correct fees to the data recipient. In                  existing endnotes as needed.                          the sale of proprietary market data
                                              order to correctly assess fees for the                                                                        products, the joint product nature of
                                                                                                      2. Statutory Basis                                    exchange platforms, and the existence of
                                              non-display use of NYSE OpenBook, the
                                              Exchange needs to have current and                         The Exchange believes that the                     alternatives to the Exchange’s
                                              accurate information about the use of                   proposed rule change is consistent with               proprietary data. In addition to being
                                              NYSE OpenBook. The failure of data                      the provisions of Section 6 of the Act,8              able to choose which proprietary data
                                              recipients to submit the Non-Display                    in general, and Sections 6(b)(4) and                  products (if any) to use and how to use
                                              Use Declaration on time leads to                        6(b)(5) of the Act,9 in particular, in that           them, a user can avoid the late fees that
                                              potentially incorrect billing and                       it provides an equitable allocation of                are the subject of this filing entirely by
                                              administrative burdens, including                       reasonable fees among users and                       simply complying with the requisite
                                              tracking and obtaining late Non-Display                 recipients of the data and is not                     deadlines.
                                              Use Declarations and correcting                         designed to permit unfair                                In setting the proposed fees, the
                                              customer records in connection with                     discrimination among customers,                       Exchange considered the
                                              late Non-Display Use Declarations. The                  issuers, and brokers.                                 competitiveness of the market for
                                              purpose of the proposed late fee is to                     The Exchange believes that it is                   proprietary data and all of the
                                              incent data recipients to submit the                    reasonable to impose a late fee in                    implications of that competition. The
                                              Non-Display Use Declaration promptly                    connection with the submission of the                 Exchange believes that it has considered
                                              to avoid the administrative burdens                     Non-Display Use Declaration. In order                 all relevant factors and has not
                                              associated with the late submission of                  to correctly assess fees for the non-                 considered irrelevant factors in order to
                                              Non-Display Use Declarations.                           display use of NYSE OpenBook, the                     establish fair, reasonable, and not
                                                 The Exchange proposes to establish a                 Exchange needs to have current and                    unreasonably discriminatory fees and an
                                              Non-Display Declaration Late Fee of                     accurate information about the use of                 equitable allocation of fees among all
                                              $1,000 per month. The proposed fee                      NYSE OpenBook. The failure of data                    users. The existence of fierce
                                              would be charged to any data recipient                  recipients to submit the Non-Display                  competition to sell proprietary data
                                              that pays an Access Fee for NYSE                        Use Declaration on time leads to                      products and for order flow, as well as
                                              OpenBook that has failed to timely                      potentially incorrect billing and                     numerous alternatives to the Exchange’s
                                              complete and submit a Non-Display Use                   administrative burdens, including                     products, including proprietary data
                                              Declaration.                                            tracking and obtaining late Non-Display               from other sources, ensures that the
                                                 With respect to the Non-Display Use                  Use Declarations and correcting and                   Exchange cannot set unreasonable fees,
                                              Declaration that was due by September                   following up on payments owed in                      or fees that are unreasonably
                                              1, 2014, the Non-Display Declaration                    connection with late Non-Display Use                  discriminatory, when vendors and
                                              Late Fee would apply to NYSE                            Declarations. The purpose of the late fee             subscribers can elect these alternatives
                                              OpenBook data recipients that have not                  is to incent data recipients to submit the            or choose not to purchase a specific
                                              submitted the Non-Display Use                           Non-Display Use Declaration promptly                  proprietary data product if the attendant
                                              Declaration by June 30, 2015, and would                 to avoid the administrative burdens                   fees are not justified by the returns that
                                              apply beginning July 1, 2015 and for                    associated with the late submission of                any particular vendor or data recipient
                                              each month thereafter until the data                    Non-Display Use Declarations. The Non-                would achieve through the purchase
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                                              recipient has completed and submitted                   Display Declaration Late Fee is                       (the returns on use being a particularly
                                                                                                        7 The Exchange will be proposing to establish the
                                                                                                                                                            important aspect of non-display uses of
                                                6 The current form of the Non-Display Use
                                                                                                      Non-Display Declaration Late Fee with respect to      proprietary data).
                                              Declaration reflected the changes to the non-display
                                              fees set forth in the 2014 Non-Display Filing and       each Market Data product on the Fee Schedule that
                                              replaced the NYSE Euronext Non-Display Use              includes Non-Display Fees.                               10 See Securities Exchange Act Release No. 70010
                                                                                                        8 15 U.S.C. 78f(b).
                                              Declaration established in connection with the 2013                                                           (July 19, 2013), 78 FR 44984 (July 25, 2013) (SR–
                                              Non-Display Filing.                                       9 15 U.S.C. 78f(b)(4), (5).                         CTA/CQ–2013–04).



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                                              26964                           Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices

                                              C. Self-Regulatory Organization’s                       rules/sro.shtml). Copies of the                       III below, which Items have been
                                              Statement on Comments on the                            submission, all subsequent                            prepared by the self-regulatory
                                              Proposed Rule Change Received From                      amendments, all written statements                    organization. The Commission is
                                              Members, Participants, or Others                        with respect to the proposed rule                     publishing this notice to solicit
                                                No written comments were solicited                    change that are filed with the                        comments on the proposed rule change
                                              or received with respect to the proposed                Commission, and all written                           from interested persons.
                                              rule change.                                            communications relating to the
                                                                                                                                                            I. Self-Regulatory Organization’s
                                                                                                      proposed rule change between the
                                              III. Date of Effectiveness of the                                                                             Statement of the Terms of Substance of
                                                                                                      Commission and any person, other than
                                              Proposed Rule Change and Timing for                                                                           the Proposed Rule Change
                                                                                                      those that may be withheld from the
                                              Commission Action                                       public in accordance with the                            The Exchange proposes to amend the
                                                 The foregoing rule change is effective               provisions of 5 U.S.C. 552, will be                   fees for NYSE Arca Options market data
                                                                                                      available for Web site viewing and                    to add a late fee in connection with
                                              upon filing pursuant to Section
                                                                                                      printing in the Commission’s Public                   failure to submit the non-display use
                                              19(b)(3)(A) 11 of the Act and
                                                                                                      Reference Room, 100 F Street NE.,                     declaration, operative on May 1, 2015.
                                              subparagraph (f)(2) of Rule 19b–4 12
                                                                                                      Washington, DC 20549 on official                      The text of the proposed rule change is
                                              thereunder, because it establishes a due,
                                                                                                      business days between the hours of                    available on the Exchange’s Web site at
                                              fee, or other charge imposed by the
                                                                                                      10:00 a.m. and 3:00 p.m. Copies of the                www.nyse.com, at the principal office of
                                              Exchange.
                                                 At any time within 60 days of the                    filing will also be available for                     the Exchange, and at the Commission’s
                                              filing of such proposed rule change, the                inspection and copying at the NYSE’s                  Public Reference Room.
                                              Commission summarily may                                principal office and on its Internet Web              II. Self-Regulatory Organization’s
                                              temporarily suspend such rule change if                 site at www.nyse.com. All comments                    Statement of the Purpose of, and
                                              it appears to the Commission that such                  received will be posted without change;               Statutory Basis for, the Proposed Rule
                                              action is necessary or appropriate in the               the Commission does not edit personal                 Change
                                              public interest, for the protection of                  identifying information from
                                                                                                      submissions. You should submit only                      In its filing with the Commission, the
                                              investors, or otherwise in furtherance of                                                                     self-regulatory organization included
                                              the purposes of the Act. If the                         information that you wish to make
                                                                                                      available publicly. All submissions                   statements concerning the purpose of,
                                              Commission takes such action, the                                                                             and basis for, the proposed rule change
                                              Commission shall institute proceedings                  should refer to File Number SR–NYSE–
                                                                                                      2015–20 and should be submitted on or                 and discussed any comments it received
                                              under Section 19(b)(2)(B) 13 of the Act to                                                                    on the proposed rule change. The text
                                              determine whether the proposed rule                     before June 1, 2015.
                                                                                                                                                            of those statements may be examined at
                                              change should be approved or                               For the Commission, by the Division of
                                                                                                      Trading and Markets, pursuant to delegated            the places specified in Item IV below.
                                              disapproved.                                                                                                  The Exchange has prepared summaries,
                                                                                                      authority.14
                                              IV. Solicitation of Comments                            Jill M. Peterson,                                     set forth in sections A, B, and C below,
                                                Interested persons are invited to                     Assistant Secretary.
                                                                                                                                                            of the most significant parts of such
                                              submit written data, views, and                                                                               statements.
                                                                                                      [FR Doc. 2015–11270 Filed 5–8–15; 8:45 am]
                                              arguments concerning the foregoing,                     BILLING CODE 8011–01–P                                A. Self-Regulatory Organization’s
                                              including whether the proposed rule                                                                           Statement of the Purpose of, and the
                                              change is consistent with the Act.                                                                            Statutory Basis for, the Proposed Rule
                                              Comments may be submitted by any of                     SECURITIES AND EXCHANGE                               Change
                                              the following methods:                                  COMMISSION
                                                                                                                                                            1. Purpose
                                              Electronic Comments                                     [Release No. 34–74877; File No. SR–
                                                                                                      NYSEARCA–2015–37]
                                                                                                                                                               The Exchange proposes to amend the
                                                • Use the Commission’s Internet                                                                             fees for NYSE Arca Options market data,
                                              comment form (http://www.sec.gov/                       Self-Regulatory Organizations; NYSE                   as set forth on the NYSE Arca Options
                                              rules/sro.shtml); or                                    Arca, Inc.; Notice of Filing and                      Proprietary Market Data Fee Schedule
                                                • Send an email to rule-comments@                     Immediate Effectiveness of Proposed                   (‘‘Fee Schedule’’), to add a late fee in
                                              sec.gov. Please include File Number SR–                 Rule Change Amending the Fees for                     connection with failure to submit an
                                              NYSE–2015–20 on the subject line.                       NYSE Arca Options Market Data To                      updated non-display use declaration.
                                              Paper Comments                                          Add a Late Fee in Connection With                     The proposed change to the Fee
                                                                                                      Failure To Submit the Non-Display Use                 Schedule would be operative on May 1,
                                                • Send paper comments in triplicate                   Declaration                                           2015.
                                              to Brent J. Fields, Secretary, Securities                                                                        The Exchange established the current
                                              and Exchange Commission, 100 F Street                   May 5, 2015.                                          fees for non-display services for
                                              NE., Washington, DC 20549–1090.                            Pursuant to Section 19(b)(1) 1 of the              ArcaBook for Arca Options, which
                                              All submissions should refer to File                    Securities Exchange Act of 1934 (the                  consists of ArcaBook for Arca Options—
                                              Number SR–NYSE–2015–20. This file                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                Trades, ArcaBook for Arca Options—
                                              number should be included on the                        notice is hereby given that, on April 27,             Top of Book, ArcaBook for Arca
                                              subject line if email is used. To help the              2015, NYSE Arca, Inc. (the ‘‘Exchange’’               Options—Depth of Book, ArcaBook for
                                              Commission process and review your                      or ‘‘NYSE Arca’’) filed with the                      Arca Options—Complex, ArcaBook for
                                              comments more efficiently, please use                   Securities and Exchange Commission                    Arca Options—Series Status, and
tkelley on DSK3SPTVN1PROD with NOTICES




                                              only one method. The Commission will                    (the ‘‘Commission’’) the proposed rule                ArcaBook for Arca Options—Order
                                              post all comments on the Commission’s                   change as described in Items I, II, and               Imbalance, in May 2013 and amended
                                              Internet Web site (http://www.sec.gov/                                                                        those fees in September 2014.4 In
                                                                                                        14 17 CFR 200.30–3(a)(12).
                                                11 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C.78s(b)(1).                                 4 See Securities Exchange Act Release Nos. 69554
                                                12 17 CFR 240.19b–4(f)(2).                              2 15 U.S.C. 78a.
                                                                                                                                                            (May 10, 2013), 78 FR 28917 (May 16, 2013) (SR–
                                                13 15 U.S.C. 78s(b)(2)(B).                              3 17 CFR 240.19b–4.                                 NYSEArca–2013–47) (‘‘2013 Non-Display Filing’’)



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Document Created: 2018-02-21 10:25:50
Document Modified: 2018-02-21 10:25:50
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 26962 

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