80_FR_27054 80 FR 26964 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE Arca Options Market Data To Add a Late Fee in Connection With Failure To Submit the Non-Display Use Declaration

80 FR 26964 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE Arca Options Market Data 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 Range26964-26966
FR Document2015-11276

Federal Register, Volume 80 Issue 90 (Monday, May 11, 2015)
[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26964-26966]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11276]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74877; File No. SR-NYSEARCA-2015-37]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the Fees 
for NYSE Arca Options Market Data 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 27, 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 Options 
market data 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 Arca Options 
market data, as set forth on the NYSE Arca Options 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 ArcaBook for Arca Options, which consists of ArcaBook for Arca 
Options--Trades, ArcaBook for Arca Options--Top of Book, ArcaBook for 
Arca Options--Depth of Book, ArcaBook for Arca Options--Complex, 
ArcaBook for Arca Options--Series Status, and ArcaBook for Arca 
Options--Order Imbalance, in May 2013 and amended those fees in 
September 2014.\4\ In

[[Page 26965]]

November 2014, the Exchange established the current fees, including 
non-display use fees, for ArcaBook for Arca Options--Complex on a 
standalone basis.\5\ The 2013 Non-Display Filing established a 
requirement that data recipients that receive real-time NYSE Arca 
Options market data subject to Non-Display Use fees submit a 
declaration with respect to their use of non-display data. In 
connection with the fee changes in the 2014 Non-Display Filing, the 
Exchange required data recipients that receive real-time NYSE Arca 
Options 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 Options 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. 69554 (May 10, 
2013), 78 FR 28917 (May 16, 2013) (SR-NYSEArca-2013-47) (``2013 Non-
Display Filing'') and 73010 (Sept. 5, 2014), 79 FR 54307 (Sept. 11, 
2014) (SR-NYSEArca-2014-94) (``2014 Non-Display Filing'').
    \5\ See Securities Exchange Act Release No. 73588 (Nov. 13, 
2014), 79 FR 68922 (Nov. 19, 2014) (SR-NYSEArca-2014-129).
    \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 Options 
market data, the Exchange needs to have current and accurate 
information about the use of NYSE Arca Options market data. 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 ArcaBook for Arca Options or 
NYSE ArcaBook for Arca Options--Complex 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 Options market 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. A Non-Display Use Declaration that is clearly incomplete 
would not be considered to have been completed and submitted to the 
Exchange on time.
    In addition to adding the Non-Display Declaration Late Fee for NYSE 
Arca Options market data 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.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\7\ in general, and 
Sections 6(b)(4) and 6(b)(5) of the Act,\8\ 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 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 Arca 
Options market data, the Exchange needs to have current and accurate 
information about the use of NYSE Arca Options market data. 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 Options 
market data feeds.
    The Non-Display Declaration Late Fee is also consistent with 
similar pricing adopted in 2013 by the Consolidated Tape Association 
(``CTA'').\9\ 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.
---------------------------------------------------------------------------

    \9\ 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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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

[[Page 26966]]

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) \10\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \11\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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) \12\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 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-NYSEARCA-2015-37 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-NYSEARCA-2015-37. 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-2015-37 and should be submitted on or before 
June 1, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-11276 Filed 5-8-15; 8:45 am]
 BILLING CODE 8011-01-P



                                              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’’)



                                         VerDate Sep<11>2014   17:00 May 08, 2015   Jkt 235001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\11MYN1.SGM   11MYN1


                                                                              Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices                                                       26965

                                              November 2014, the Exchange                             the late submission of Non-Display Use                  current and accurate information about
                                              established the current fees, including                 Declarations.                                           the use of NYSE Arca Options market
                                              non-display use fees, for ArcaBook for                     The Exchange proposes to establish a                 data. The failure of data recipients to
                                              Arca Options—Complex on a                               Non-Display Declaration Late Fee of                     submit the Non-Display Use Declaration
                                              standalone basis.5 The 2013 Non-                        $1,000 per month. The proposed fee                      on time leads to potentially incorrect
                                              Display Filing established a requirement                would be charged to any data recipient                  billing and administrative burdens,
                                              that data recipients that receive real-                 that pays an Access Fee for NYSE                        including tracking and obtaining late
                                              time NYSE Arca Options market data                      ArcaBook for Arca Options or NYSE                       Non-Display Use Declarations and
                                              subject to Non-Display Use fees submit                  ArcaBook for Arca Options—Complex                       correcting and following up on
                                              a declaration with respect to their use of              that has failed to timely complete and                  payments owed in connection with late
                                              non-display data. In connection with                    submit a Non-Display Use Declaration.                   Non-Display Use Declarations. The
                                              the fee changes in the 2014 Non-Display                    With respect to the Non-Display Use                  purpose of the late fee is to incent data
                                              Filing, the Exchange required data                      Declaration that was due by September                   recipients to submit the Non-Display
                                              recipients that receive real-time NYSE                  1, 2014, the Non-Display Declaration                    Use Declaration promptly to avoid the
                                              Arca Options market data subject to                     Late Fee would apply to NYSE Arca                       administrative burdens associated with
                                              Non-Display Use fees to complete and                    Options market data recipients that have                the late submission of Non-Display Use
                                              submit an updated Non-Display Use                       not submitted the Non-Display Use                       Declarations. The Non-Display
                                              Declaration by September 1, 2014.6 The                  Declaration by June 30, 2015, and would                 Declaration Late Fee is equitable and
                                              2014 Non-Display Filing also                            apply beginning July 1, 2015 and for                    not unfairly discriminatory because it
                                              established that data recipients are                    each month thereafter until the data                    will apply to all data recipients that
                                              required to submit an updated annual                    recipient has completed and submitted                   choose to subscribe to the NYSE Arca
                                              Non-Display Use Declaration by January                  the Non-Display Use Declaration. With                   Options market data feeds.
                                              31st of each year beginning in 2016. In                 respect to the annual Non-Display Use                      The Non-Display Declaration Late Fee
                                              addition, if a data recipient’s use of real-            Declaration due by January 31st of each                 is also consistent with similar pricing
                                              time NYSE Arca Options market data                      year beginning in 2016, the Non-Display                 adopted in 2013 by the Consolidated
                                              changes at any time after the data                      Declaration Late Fee would apply to                     Tape Association (‘‘CTA’’).9 The CTA
                                              recipient submits a Non-Display Use                     data recipients that fail to complete and               imposes a monthly fee of $2,500 for
                                              Declaration, the data recipient must                    submit the annual Non-Display Use                       each of Network A and Network B for
                                              inform the Exchange of the change by                    Declaration by the January 31st due                     firms that fail to comply with their
                                              completing and submitting at the time                   date, and would apply beginning                         reporting obligations in a timely
                                              of the change an updated declaration                    February 1st and for each month                         manner.
                                              reflecting the change of use.                           thereafter until the data recipient has
                                                                                                      completed and submitted the annual                      B. Self-Regulatory Organization’s
                                                The Exchange notes that if a data                                                                             Statement on Burden on Competition
                                              recipient does not timely submit a Non-                 Non-Display Use Declaration. A Non-
                                              Display Use Declaration, the Exchange                   Display Use Declaration that is clearly                    The Exchange does not believe that
                                              does not have up-to-date information                    incomplete would not be considered to                   the proposed rule change will impose
                                              about the data recipient’s data use and                 have been completed and submitted to                    any burden on competition that is not
                                              therefore may not be charging the                       the Exchange on time.                                   necessary or appropriate in furtherance
                                                                                                         In addition to adding the Non-Display                of the purposes of the Act. An
                                              correct fees to the data recipient. In
                                                                                                      Declaration Late Fee for NYSE Arca                      exchange’s ability to price its
                                              order to correctly assess fees for the
                                                                                                      Options market data to the Fee                          proprietary market data feed products is
                                              non-display use of NYSE Arca Options
                                                                                                      Schedule, the Exchange proposes to add                  constrained by actual competition for
                                              market data, the Exchange needs to have
                                                                                                      an endnote to the Fee Schedule that                     the sale of proprietary market data
                                              current and accurate information about
                                                                                                      would specify the effective dates for the               products, the joint product nature of
                                              the use of NYSE Arca Options market
                                                                                                      Non-Display Declaration Late Fee as                     exchange platforms, and the existence of
                                              data. The failure of data recipients to
                                                                                                      described above.                                        alternatives to the Exchange’s
                                              submit the Non-Display Use Declaration
                                              on time leads to potentially incorrect                  2. Statutory Basis                                      proprietary data. In addition to being
                                              billing and administrative burdens,                                                                             able to choose which proprietary data
                                                                                                         The Exchange believes that the                       products (if any) to use and how to use
                                              including tracking and obtaining late                   proposed rule change is consistent with
                                              Non-Display Use Declarations and                                                                                them, a user can avoid the late fees that
                                                                                                      the provisions of Section 6 of the Act,7                are the subject of this filing entirely by
                                              correcting customer records in                          in general, and Sections 6(b)(4) and
                                              connection with late Non-Display Use                                                                            simply complying with the requisite
                                                                                                      6(b)(5) of the Act,8 in particular, in that             deadlines.
                                              Declarations. The purpose of the                        it provides an equitable allocation of
                                              proposed late fee is to incent data                                                                                In setting the proposed fees, the
                                                                                                      reasonable fees among users and                         Exchange considered the
                                              recipients to submit the Non-Display                    recipients of the data and is not
                                              Use Declaration promptly to avoid the                                                                           competitiveness of the market for
                                                                                                      designed to permit unfair                               proprietary data and all of the
                                              administrative burdens associated with                  discrimination among customers,                         implications of that competition. The
                                                                                                      issuers, and brokers.                                   Exchange believes that it has considered
                                              and 73010 (Sept. 5, 2014), 79 FR 54307 (Sept. 11,          The Exchange believes that it is
                                              2014) (SR–NYSEArca–2014–94) (‘‘2014 Non-                                                                        all relevant factors and has not
                                              Display Filing’’).
                                                                                                      reasonable to impose a late fee in                      considered irrelevant factors in order to
                                                5 See Securities Exchange Act Release No. 73588       connection with the submission of the                   establish fair, reasonable, and not
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                                              (Nov. 13, 2014), 79 FR 68922 (Nov. 19, 2014) (SR–       Non-Display Use Declaration. In order                   unreasonably discriminatory fees and an
                                              NYSEArca–2014–129).                                     to correctly assess fees for the non-                   equitable allocation of fees among all
                                                6 The current form of the Non-Display Use
                                                                                                      display use of NYSE Arca Options                        users. The existence of fierce
                                              Declaration reflected the changes to the non-display
                                              fees set forth in the 2014 Non-Display Filing and
                                                                                                      market data, the Exchange needs to have
                                              replaced the NYSE Euronext Non-Display Use                                                                         9 See Securities Exchange Act Release No. 70010
                                                                                                       7 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.                                      8 15 U.S.C. 78f(b)(4), (5).                            CTA/CQ–2013–04).



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                                              26966                           Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices

                                              competition to sell proprietary data                      • Send an email to rule-                             the Securities and Exchange
                                              products and for order flow, as well as                 comments@sec.gov. Please include File                  Commission Equity Market Structure
                                              numerous alternatives to the Exchange’s                 Number SR–NYSEARCA–2015–37 on                          Advisory Committee will hold a public
                                              products, including proprietary data                    the subject line.                                      meeting on Wednesday, May 13, 2015,
                                              from other sources, ensures that the                                                                           in the Multipurpose Room, LL–006 at
                                                                                                      Paper Comments
                                              Exchange cannot set unreasonable fees,                                                                         the Commission’s headquarters, 100 F
                                              or fees that are unreasonably                              • Send paper comments in triplicate                 Street NE., Washington, DC.
                                              discriminatory, when vendors and                        to Brent J. Fields, Secretary, Securities                The meeting will begin at 9:30 a.m.
                                              subscribers can elect these alternatives                and Exchange Commission, 100 F Street                  (EDT) and will be open to the public.
                                              or choose not to purchase a specific                    NE., Washington, DC 20549–1090.                        Seating will be on a first-come, first-
                                              proprietary data product if the attendant               All submissions should refer to File                   served basis. Doors will be open at 9:00
                                              fees are not justified by the returns that              Number SR–NYSEARCA–2015–37. This                       a.m. Visitors will be subject to security
                                              any particular vendor or data recipient                 file number should be included on the                  checks. The meeting will be webcast on
                                              would achieve through the purchase                      subject line if email is used. To help the             the Commission’s Web site at
                                              (the returns on use being a particularly                Commission process and review your                     www.sec.gov.
                                              important aspect of non-display uses of                 comments more efficiently, please use                    On April 23, 2015, the Commission
                                              proprietary data).                                      only one method. The Commission will                   published notice of the Committee
                                                                                                      post all comments on the Commission’s                  meeting (Release No. 34–74793),
                                              C. Self-Regulatory Organization’s                       Internet Web site (http://www.sec.gov/                 indicating that the meeting is open to
                                              Statement on Comments on the                            rules/sro.shtml). Copies of the                        the public and inviting the public to
                                              Proposed Rule Change Received From                      submission, all subsequent                             submit written comments to the
                                              Members, Participants, or Others                        amendments, all written statements                     Committee. This Sunshine Act notice is
                                                No written comments were solicited                    with respect to the proposed rule                      being issued because a majority of the
                                              or received with respect to the proposed                change that are filed with the                         Commission may attend the meeting.
                                              rule change.                                            Commission, and all written                              The agenda for the meeting will focus
                                                                                                      communications relating to the                         on Rule 611 of SEC Regulation NMS.
                                              III. Date of Effectiveness of the                       proposed rule change between the                         For further information, please
                                              Proposed Rule Change and Timing for                     Commission and any person, other than                  contact the Office of the Secretary at
                                              Commission Action                                       those that may be withheld from the                    (202) 551–5400.
                                                 The foregoing rule change is effective               public in accordance with the                            Dated: May 6, 2015.
                                              upon filing pursuant to Section                         provisions of 5 U.S.C. 552, will be                    Brent J. Fields,
                                              19(b)(3)(A) 10 of the Act and                           available for Web site viewing and                     Secretary.
                                              subparagraph (f)(2) of Rule 19b–4 11                    printing in the Commission’s Public                    [FR Doc. 2015–11365 Filed 5–7–15; 11:15 am]
                                              thereunder, because it establishes a due,               Reference Room, 100 F Street NE.,                      BILLING CODE 8011–01–P
                                              fee, or other charge imposed by the                     Washington, DC 20549 on official
                                              Exchange.                                               business days between the hours of
                                                 At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of the                 SECURITIES AND EXCHANGE
                                              filing of such proposed rule change, the                filing will also be available for                      COMMISSION
                                              Commission summarily may                                inspection and copying at the NYSE’s
                                              temporarily suspend such rule change if                                                                        [Release No. 34–74876; File No. SR–BOX–
                                                                                                      principal office and on its Internet Web               2015–06]
                                              it appears to the Commission that such                  site at www.nyse.com. All comments
                                              action is necessary or appropriate in the               received will be posted without change;                Self-Regulatory Organizations; BOX
                                              public interest, for the protection of                  the Commission does not edit personal                  Options Exchange LLC; Notice of
                                              investors, or otherwise in furtherance of               identifying information from                           Filing of Amendment No. 1 and Order
                                              the purposes of the Act. If the                         submissions. You should submit only                    Granting Accelerated Approval of a
                                              Commission takes such action, the                       information that you wish to make                      Proposed Rule Change To Establish a
                                              Commission shall institute proceedings                  available publicly. All submissions                    Pilot Program, as Modified by
                                              under Section 19(b)(2)(B) 12 of the Act to              should refer to File Number SR–                        Amendment No. 1, To List and Trade
                                              determine whether the proposed rule                     NYSEARCA–2015–37 and should be                         Options Settling to the RealVolTM SPY
                                              change should be approved or                            submitted on or before June 1, 2015.                   Index
                                              disapproved.                                               For the Commission, by the Division of
                                                                                                      Trading and Markets, pursuant to delegated             May 5, 2015.
                                              IV. Solicitation of Comments
                                                                                                      authority.13                                           I. Introduction
                                                Interested persons are invited to                     Jill M. Peterson,
                                              submit written data, views, and                                                                                   On January 21, 2015, the BOX
                                                                                                      Assistant Secretary.                                   Options Exchange LLC (the ‘‘Exchange’’)
                                              arguments concerning the foregoing,
                                                                                                      [FR Doc. 2015–11276 Filed 5–8–15; 8:45 am]             filed with the Securities and Exchange
                                              including whether the proposed rule
                                              change is consistent with the Act.                      BILLING CODE 8011–01–P                                 Commission (‘‘Commission’’), pursuant
                                              Comments may be submitted by any of                                                                            to Section 19(b)(1) of the Securities
                                              the following methods:                                                                                         Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                      SECURITIES AND EXCHANGE                                19b–4 thereunder,2 a proposed rule
                                              Electronic Comments                                     COMMISSION                                             change to list and trade P.M.-settled
tkelley on DSK3SPTVN1PROD with NOTICES




                                                • Use the Commission’s Internet                       Sunshine Act Meeting                                   options settling to the RealVolTM SPY
                                              comment form (http://www.sec.gov/                                                                              Index (‘‘Index’’). The proposed rule
                                              rules/sro.shtml); or                                      Notice is hereby given, pursuant to                  change was published for comment in
                                                                                                      the provisions of the Government in the                the Federal Register on February 5,
                                                10 15 U.S.C. 78s(b)(3)(A).                            Sunshine Act, Public Law 94–409, that
                                                11 17 CFR 240.19b–4(f)(2).                                                                                     1 15   U.S.C. 78s(b)(1).
                                                12 15 U.S.C. 78s(b)(2)(B).                              13 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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Document Created: 2018-02-21 10:26:03
Document Modified: 2018-02-21 10:26:03
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 26964 

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