80_FR_27296 80 FR 27205 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE MKT OpenBook To Add a Late Fee In Connection With Failure To Submit the Non-Display Use Declaration

80 FR 27205 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE MKT 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 91 (May 12, 2015)

Page Range27205-27207
FR Document2015-11375

Federal Register, Volume 80 Issue 91 (Tuesday, May 12, 2015)
[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27205-27207]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11375]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74885; File No. SR-NYSEMKT-2015-34]


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

May 6, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on April 24, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') 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 MKT 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 MKT OpenBook, as 
set forth on the NYSE MKT Equities Proprietary Market Data Fee Schedule 
(``Fee Schedule''), to add a late fee in connection with failure to 
submit an updated non-display use declaration. The proposed change to 
the Fee Schedule would be operative on May 1, 2015.
    The Exchange established the current fees for non-display services 
for NYSE MKT 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 MKT 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

[[Page 27206]]

changes in the 2014 Non-Display Filing, the Exchange required data 
recipients that receive real-time NYSE MKT 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 MKT 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.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 69285 (April 3, 
2013), 78 FR 21172 (April 9, 2013) (SR-NYSEMKT-2013-32)(``2013 Non-
Display Filing'') and 72020 (Sept. 9, 2014), 79 FR 55040 (Sept. 15, 
2014) (SR-NYSEMKT-2014-72)(``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 MKT 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 MKT OpenBook, the 
Exchange needs to have current and accurate information about the use 
of NYSE MKT 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 MKT 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 MKT 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.
---------------------------------------------------------------------------

    \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 
MKT 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 MKT 
OpenBook, the Exchange needs to have current and accurate information 
about the use of NYSE MKT 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 MKT 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

[[Page 27207]]

or choose not to purchase a specific proprietary data product if the 
attendant fees are not justified by the returns that any particular 
vendor or data recipient would achieve through the purchase (the 
returns on use being a particularly important aspect of non-display 
uses of proprietary data).

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

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

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

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

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 rule-comments@sec.gov. Please include 
File Number SR-NYSEMKT-2015-34 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-NYSEMKT-2015-34. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing will also be available 
for inspection and copying at the NYSE's principal office and on its 
Internet Web site at www.nyse.com. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-NYSEMKT-2015-34 and should be submitted on or before 
June 2, 2015.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
 Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11375 Filed 5-11-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices                                                   27205

                                                    Dated: May 8, 2015.                                     The Commission invites comments on                  comments on the proposed rule change
                                                  Catherine F.I. Andrade,                                 whether the Postal Service’s filing is                from interested persons.
                                                  OPIC Corporate Secretary.                               consistent with 39 U.S.C. 3632, 3633, or
                                                                                                                                                                I. Self-Regulatory Organization’s
                                                  [FR Doc. 2015–11541 Filed 5–8–15; 4:15 pm]              3642, 39 CFR part 3015, and 39 CFR
                                                                                                                                                                Statement of the Terms of Substance of
                                                                                                          part 3020, subpart B. Comments are due
                                                  BILLING CODE 3210–01–P                                                                                        the Proposed Rule Change
                                                                                                          no later than May 13, 2015. The public
                                                                                                          portions of the filing can be accessed via               The Exchange proposes to amend the
                                                                                                          the Commission’s Web site (http://                    fees for NYSE MKT OpenBook to add a
                                                  POSTAL REGULATORY COMMISSION                                                                                  late fee in connection with failure to
                                                                                                          www.prc.gov).
                                                  [Docket No. CP2015–63; Order No. 2471]                    The Commission appoints James F.                    submit the non-display use declaration,
                                                                                                          Callow to serve as Public Representative              operative on May 1, 2015. The text of
                                                  New Postal Product                                      in this docket.                                       the proposed rule change is available on
                                                                                                                                                                the Exchange’s Web site at
                                                  AGENCY:   Postal Regulatory Commission.                 III. Ordering Paragraphs                              www.nyse.com, at the principal office of
                                                  ACTION:   Notice.                                         It is ordered:                                      the Exchange, and at the Commission’s
                                                                                                            1. The Commission establishes Docket                Public Reference Room.
                                                  SUMMARY:    The Commission is noticing a
                                                                                                          No. CP2015–63 for consideration of the                II. Self-Regulatory Organization’s
                                                  recent Postal Service filing concerning
                                                                                                          matters raised by the Postal Service’s                Statement of the Purpose of, and
                                                  an addition to Global Expedited Package
                                                                                                          Notice.                                               Statutory Basis for, the Proposed Rule
                                                  Services 3 negotiated service agreement.
                                                                                                            2. Pursuant to 39 U.S.C. 505, James F.              Change
                                                  This notice informs the public of the
                                                                                                          Callow is appointed to serve as an
                                                  filing, invites public comment, and                                                                              In its filing with the Commission, the
                                                                                                          officer of the Commission to represent
                                                  takes other administrative steps.                                                                             self-regulatory organization included
                                                                                                          the interests of the general public in this
                                                  DATES: Comments are due: May 13,                        proceeding (Public Representative).                   statements concerning the purpose of,
                                                  2015.                                                     3. Comments are due no later than                   and basis for, the proposed rule change
                                                  ADDRESSES:   Submit comments                            May 13, 2015.                                         and discussed any comments it received
                                                  electronically via the Commission’s                       4. The Secretary shall arrange for                  on the proposed rule change. The text
                                                  Filing Online system at http://                         publication of this order in the Federal              of those statements may be examined at
                                                  www.prc.gov. Those who cannot submit                    Register.                                             the places specified in Item IV below.
                                                  comments electronically should contact                                                                        The Exchange has prepared summaries,
                                                                                                            By the Commission.
                                                  the person identified in the FOR FURTHER                                                                      set forth in sections A, B, and C below,
                                                                                                          Shoshana M. Grove,                                    of the most significant parts of such
                                                  INFORMATION CONTACT section by
                                                                                                          Secretary.                                            statements.
                                                  telephone for advice on filing
                                                                                                          [FR Doc. 2015–11367 Filed 5–11–15; 8:45 am]
                                                  alternatives.                                                                                                 A. Self-Regulatory Organization’s
                                                                                                          BILLING CODE 7710–FW–P
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              Statement of the Purpose of, and the
                                                  David A. Trissell, General Counsel, at                                                                        Statutory Basis for, the Proposed Rule
                                                  202–789–6820.                                                                                                 Change
                                                                                                          SECURITIES AND EXCHANGE
                                                  SUPPLEMENTARY INFORMATION:                              COMMISSION                                            1. Purpose
                                                  Table of Contents                                       [Release No. 34–74885; File No. SR–                      The Exchange proposes to amend the
                                                                                                          NYSEMKT–2015–34]                                      fees for NYSE MKT OpenBook, as set
                                                  I. Introduction
                                                                                                                                                                forth on the NYSE MKT Equities
                                                  II. Notice of Commission Action
                                                                                                          Self-Regulatory Organizations; NYSE                   Proprietary Market Data Fee Schedule
                                                  III. Ordering Paragraphs
                                                                                                          MKT LLC; Notice of Filing and                         (‘‘Fee Schedule’’), to add a late fee in
                                                  I. Introduction                                         Immediate Effectiveness of Proposed                   connection with failure to submit an
                                                     On May 5, 2015, the Postal Service                   Rule Change Amending the Fees for                     updated non-display use declaration.
                                                  filed notice that it has entered into an                NYSE MKT OpenBook To Add a Late                       The proposed change to the Fee
                                                  additional Global Expedited Package                     Fee In Connection With Failure To                     Schedule would be operative on May 1,
                                                  Services 3 (GEPS 3) negotiated service                  Submit the Non-Display Use                            2015.
                                                  agreement (Agreement).1                                 Declaration                                              The Exchange established the current
                                                     To support its Notice, the Postal                                                                          fees for non-display services for NYSE
                                                                                                          May 6, 2015.
                                                  Service filed a copy of the Agreement,                                                                        MKT OpenBook in April 2013 and
                                                                                                             Pursuant to section 19(b)(1) 1 of the              amended those fees in September 2014.4
                                                  a copy of the Governors’ Decision                       Securities Exchange Act of 1934 (the
                                                  authorizing the product, a certification                                                                      The 2013 Non-Display Filing
                                                                                                          ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                established a requirement that data
                                                  of compliance with 39 U.S.C. 3633(a),                   notice is hereby given that, on April 24,
                                                  and an application for non-public                                                                             recipients that receive real-time NYSE
                                                                                                          2015, NYSE MKT LLC (the ‘‘Exchange’’                  MKT market data subject to Non-
                                                  treatment of certain materials. It also                 or ‘‘NYSE MKT’’) filed with the
                                                  filed supporting financial workpapers.                                                                        Display Use fees submit a declaration
                                                                                                          Securities and Exchange Commission                    with respect to their use of non-display
                                                  II. Notice of Commission Action                         (the ‘‘Commission’’) the proposed rule                data.5 In connection with the fee
                                                                                                          change as described in Items I, II, and
                                                   The Commission establishes Docket
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          III below, which Items have been                        4 See Securities Exchange Act Release Nos. 69285
                                                  No. CP2015–63 for consideration of                      prepared by the self-regulatory                       (April 3, 2013), 78 FR 21172 (April 9, 2013) (SR–
                                                  matters raised by the Notice.                           organization. The Commission is                       NYSEMKT–2013–32)(‘‘2013 Non-Display Filing’’)
                                                                                                                                                                and 72020 (Sept. 9, 2014), 79 FR 55040 (Sept. 15,
                                                    1 Notice of United States Postal Service of Filing
                                                                                                          publishing this notice to solicit                     2014) (SR–NYSEMKT–2014–72)(‘‘2014 Non-Display
                                                  a Functionally Equivalent Global Expedited                                                                    Filing’’).
                                                                                                            1 15 U.S.C.78s(b)(1).
                                                  Package Services 3 Negotiated Service Agreement                                                                 5 The non-display fee structure established in the
                                                                                                            2 15 U.S.C. 78a.
                                                  and Application for Non-Public Treatment of                                                                   2013 Non-Display Filing replaced a monthly
                                                  Materials Filed Under Seal, May 5, 2015 (Notice).         3 17 CFR 240.19b–4.                                                                            Continued




                                             VerDate Sep<11>2014   17:31 May 11, 2015   Jkt 235001   PO 00000   Frm 00064   Fmt 4703   Sfmt 4703   E:\FR\FM\12MYN1.SGM   12MYN1


                                                  27206                          Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices

                                                  changes in the 2014 Non-Display Filing,                 1, 2014, the Non-Display Declaration                  connection with late Non-Display Use
                                                  the Exchange required data recipients                   Late Fee would apply to NYSE MKT                      Declarations. The purpose of the late fee
                                                  that receive real-time NYSE MKT                         OpenBook data recipients that have not                is to incent data recipients to submit the
                                                  market data subject to Non-Display Use                  submitted the Non-Display Use                         Non-Display Use Declaration promptly
                                                  fees to complete and submit an updated                  Declaration by June 30, 2015, and would               to avoid the administrative burdens
                                                  Non-Display Use Declaration by                          apply beginning July 1, 2015 and for                  associated with the late submission of
                                                  September 1, 2014.6 The 2014 Non-                       each month thereafter until the data                  Non-Display Use Declarations. The Non-
                                                  Display Filing also established that data               recipient has completed and submitted                 Display Declaration Late Fee is
                                                  recipients are required to submit an                    the Non-Display Use Declaration. With                 equitable and not unfairly
                                                  updated annual Non-Display Use                          respect to the annual Non-Display Use                 discriminatory because it will apply to
                                                  Declaration by January 31st of each year                Declaration due by January 31st of each               all data recipients that choose to
                                                  beginning in 2016. In addition, if a data               year beginning in 2016, the Non-Display               subscribe to the NYSE MKT OpenBook
                                                  recipient’s use of real-time NYSE MKT                   Declaration Late Fee would apply to                   feed.
                                                  market data changes at any time after                   data recipients that fail to complete and                The Non-Display Declaration Late Fee
                                                  the data recipient submits a Non-                       submit the annual Non-Display Use                     is also consistent with similar pricing
                                                  Display Use Declaration, the data                       Declaration by the January 31st due                   adopted in 2013 by the Consolidated
                                                  recipient must inform the Exchange of                   date, and would apply beginning                       Tape Association (‘‘CTA’’).10 The CTA
                                                  the change by completing and                            February 1st and for each month                       imposes a monthly fee of $2,500 for
                                                  submitting at the time of the change an                 thereafter until the data recipient has               each of Network A and Network B for
                                                  updated declaration reflecting the                      completed and submitted the annual                    firms that fail to comply with their
                                                  change of use.                                          Non-Display Use Declaration.7 A Non-                  reporting obligations in a timely
                                                     The Exchange notes that if a data                    Display Use Declaration that is clearly               manner.
                                                  recipient does not timely submit a Non-                 incomplete would not be considered to
                                                  Display Use Declaration, the Exchange                   have been completed and submitted to                  B. Self-Regulatory Organization’s
                                                  does not have up-to-date information                    the Exchange on time.                                 Statement on Burden on Competition
                                                  about the data recipient’s data use and                    In addition to adding the Non-Display                 The Exchange does not believe that
                                                  therefore may not be charging the                       Declaration Late Fee for NYSE MKT                     the proposed rule change will impose
                                                  correct fees to the data recipient. In                  OpenBook to the Fee Schedule, the                     any burden on competition that is not
                                                  order to correctly assess fees for the                  Exchange proposes to add an endnote to                necessary or appropriate in furtherance
                                                  non-display use of NYSE MKT                             the Fee Schedule that would specify the               of the purposes of the Act. An
                                                  OpenBook, the Exchange needs to have                    effective dates for the Non-Display                   exchange’s ability to price its
                                                  current and accurate information about                  Declaration Late Fee as described above,              proprietary market data feed products is
                                                  the use of NYSE MKT OpenBook. The                       and to change the numbering for the                   constrained by actual competition for
                                                  failure of data recipients to submit the                existing endnotes as needed.                          the sale of proprietary market data
                                                  Non-Display Use Declaration on time                     2. Statutory Basis                                    products, the joint product nature of
                                                  leads to potentially incorrect billing and                                                                    exchange platforms, and the existence of
                                                  administrative burdens, including                          The Exchange believes that the                     alternatives to the Exchange’s
                                                  tracking and obtaining late Non-Display                 proposed rule change is consistent with               proprietary data. In addition to being
                                                  Use Declarations and correcting                         the provisions of section 6 of the Act,8              able to choose which proprietary data
                                                  customer records in connection with                     in general, and sections 6(b)(4) and                  products (if any) to use and how to use
                                                  late Non-Display Use Declarations. The                  6(b)(5) of the Act,9 in particular, in that           them, a user can avoid the late fees that
                                                  purpose of the proposed late fee is to                  it provides an equitable allocation of                are the subject of this filing entirely by
                                                  incent data recipients to submit the                    reasonable fees among users and                       simply complying with the requisite
                                                  Non-Display Use Declaration promptly                    recipients of the data and is not                     deadlines.
                                                  to avoid the administrative burdens                     designed to permit unfair                                In setting the proposed fees, the
                                                  associated with the late submission of                  discrimination among customers,                       Exchange considered the
                                                  Non-Display Use Declarations.                           issuers, and brokers.                                 competitiveness of the market for
                                                     The Exchange proposes to establish a                    The Exchange believes that it is                   proprietary data and all of the
                                                  Non-Display Declaration Late Fee of                     reasonable to impose a late fee in                    implications of that competition. The
                                                  $1,000 per month. The proposed fee                      connection with the submission of the                 Exchange believes that it has considered
                                                  would be charged to any data recipient                  Non-Display Use Declaration. In order
                                                                                                                                                                all relevant factors and has not
                                                  that pays an Access Fee for NYSE MKT                    to correctly assess fees for the non-
                                                                                                                                                                considered irrelevant factors in order to
                                                                                                          display use of NYSE MKT OpenBook,
                                                  OpenBook that has failed to timely                                                                            establish fair, reasonable, and not
                                                                                                          the Exchange needs to have current and
                                                  complete and submit a Non-Display Use                                                                         unreasonably discriminatory fees and an
                                                                                                          accurate information about the use of
                                                  Declaration.                                                                                                  equitable allocation of fees among all
                                                     With respect to the Non-Display Use                  NYSE MKT OpenBook. The failure of
                                                                                                                                                                users. The existence of fierce
                                                  Declaration that was due by September                   data recipients to submit the Non-
                                                                                                                                                                competition to sell proprietary data
                                                                                                          Display Use Declaration on time leads to
                                                                                                                                                                products and for order flow, as well as
                                                  reporting obligation with respect to non-display
                                                                                                          potentially incorrect billing and
                                                                                                                                                                numerous alternatives to the Exchange’s
                                                  devices with the requirement to submit the non-         administrative burdens, including
                                                  display use declaration. The Exchange also notes        tracking and obtaining late Non-Display               products, including proprietary data
                                                  that if a data recipient only subscribes to products    Use Declarations and correcting and                   from other sources, ensures that the
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                                                  for which there are no non-display usage fees, e.g.,
                                                                                                          following up on payments owed in                      Exchange cannot set unreasonable fees,
                                                  NYSE MKT Realtime Reference Prices, then no                                                                   or fees that are unreasonably
                                                  declaration is required.
                                                    6 The current form of the Non-Display Use               7 The Exchange will be proposing to establish the   discriminatory, when vendors and
                                                  Declaration reflected the changes to the non-display    Non-Display Declaration Late Fee with respect to      subscribers can elect these alternatives
                                                  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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                                                                                 Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices                                               27207

                                                  or choose not to purchase a specific                    All submissions should refer to File                   (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  proprietary data product if the attendant               Number SR–NYSEMKT–2015–34. This                        notice is hereby given that on April 24,
                                                  fees are not justified by the returns that              file number should be included on the                  2015, The NASDAQ Stock Market LLC
                                                  any particular vendor or data recipient                 subject line if email is used. To help the             (‘‘Nasdaq’’ or the ‘‘Exchange’’) filed with
                                                  would achieve through the purchase                      Commission process and review your                     the Securities and Exchange
                                                  (the returns on use being a particularly                comments more efficiently, please use                  Commission (‘‘Commission’’) the
                                                  important aspect of non-display uses of                 only one method. The Commission will                   proposed rule change as described in in
                                                  proprietary data).                                      post all comments on the Commission’s                  Items I, II, and III below, which Items
                                                                                                          Internet Web site (http://www.sec.gov/                 have been prepared by Nasdaq. The
                                                  C. Self-Regulatory Organization’s                                                                              Exchange has designated the proposed
                                                                                                          rules/sro.shtml). Copies of the
                                                  Statement on Comments on the                                                                                   rule change as constituting a non-
                                                                                                          submission, all subsequent
                                                  Proposed Rule Change Received From                                                                             controversial rule change under Rule
                                                                                                          amendments, all written statements
                                                  Members, Participants, or Others                                                                               19b–4(f)(6) under the Act,3 which
                                                                                                          with respect to the proposed rule
                                                    No written comments were solicited                    change that are filed with the                         renders the proposal effective upon
                                                  or received with respect to the proposed                Commission, and all written                            filing with the Commission. The
                                                  rule change.                                            communications relating to the                         Commission is publishing this notice to
                                                                                                          proposed rule change between the                       solicit comments on the proposed rule
                                                  III. Date of Effectiveness of the                                                                              change from interested persons.
                                                  Proposed Rule Change and Timing for                     Commission and any person, other than
                                                  Commission Action                                       those that may be withheld from the                    I. Self-Regulatory Organization’s
                                                                                                          public in accordance with the                          Statement of the Terms of Substance of
                                                     The foregoing rule change is effective               provisions of 5 U.S.C. 552, will be                    the Proposed Rule Change
                                                  upon filing pursuant to section                         available for Web site viewing and
                                                  19(b)(3)(A) 11 of the Act and                           printing in the Commission’s Public                       Nasdaq proposes a rule change with
                                                  subparagraph (f)(2) of Rule 19b–4 12                    Reference Room, 100 F Street NE.,                      respect to the First Trust Low Beta
                                                  thereunder, because it establishes a due,               Washington, DC 20549 on official                       Income ETF (the ‘‘Fund’’) of First Trust
                                                  fee, or other charge imposed by the                     business days between the hours of                     Exchange-Traded Fund VI (the ‘‘Trust’’),
                                                  Exchange.                                               10:00 a.m. and 3:00 p.m. Copies of the                 the shares of which have been approved
                                                     At any time within 60 days of the                    filing will also be available for                      by the Commission for listing and
                                                  filing of such proposed rule change, the                inspection and copying at the NYSE’s                   trading under NASDAQ Rule 5735
                                                  Commission summarily may                                                                                       (‘‘Managed Fund Shares’’). The shares of
                                                                                                          principal office and on its Internet Web
                                                  temporarily suspend such rule change if                                                                        the Fund are collectively referred to
                                                                                                          site at www.nyse.com. All comments
                                                  it appears to the Commission that such                                                                         herein as the ‘‘Shares.’’
                                                                                                          received will be posted without change;                   The text of the proposed rule change
                                                  action is necessary or appropriate in the               the Commission does not edit personal
                                                  public interest, for the protection of                                                                         is available at http://
                                                                                                          identifying information from                           nasdaq.cchwallstreet.com/, at Nasdaq’s
                                                  investors, or otherwise in furtherance of               submissions. You should submit only
                                                  the purposes of the Act. If the                                                                                principal office, and at the
                                                                                                          information that you wish to make                      Commission’s Public Reference Room.
                                                  Commission takes such action, the                       available publicly. All submissions
                                                  Commission shall institute proceedings                  should refer to File Number SR–                        II. Self-Regulatory Organization’s
                                                  under section 19(b)(2)(B) 13 of the Act to              NYSEMKT–2015–34 and should be                          Statement of the Purpose of, and
                                                  determine whether the proposed rule                     submitted on or before June 2, 2015.                   Statutory Basis for, the Proposed Rule
                                                  change should be approved or                                                                                   Change
                                                                                                            For the Commission, by the Division of
                                                  disapproved.                                            Trading and Markets, pursuant to delegated                In its filing with the Commission,
                                                  IV. Solicitation of Comments                            authority.14                                           Nasdaq included statements concerning
                                                                                                          Robert W. Errett,                                      the purpose of, and basis for, the
                                                    Interested persons are invited to
                                                                                                          Deputy Secretary.                                      proposed rule change. The text of these
                                                  submit written data, views, and
                                                                                                          [FR Doc. 2015–11375 Filed 5–11–15; 8:45 am]            statements may be examined at the
                                                  arguments concerning the foregoing,
                                                                                                                                                                 places specified in Item IV below.
                                                  including whether the proposed rule                     BILLING CODE 8011–01–P
                                                                                                                                                                 Nasdaq has prepared summaries, set
                                                  change is consistent with the Act.
                                                                                                                                                                 forth in Sections A, B, and C below, of
                                                  Comments may be submitted by any of
                                                                                                          SECURITIES AND EXCHANGE                                the most significant aspects of such
                                                  the following methods:
                                                                                                          COMMISSION                                             statements.
                                                  Electronic Comments                                                                                            A. Self-Regulatory Organization’s
                                                                                                          [Release No. 34–74880; File No. SR–
                                                    • Use the Commission’s Internet                       NASDAQ–2015–045]                                       Statement of the Purpose of, and
                                                  comment form (http://www.sec.gov/                                                                              Statutory Basis for, the Proposed Rule
                                                  rules/sro.shtml); or                                    Self-Regulatory Organizations; The                     Change
                                                    • Send an email to rule-comments@                     NASDAQ Stock Market, LLC; Notice of
                                                                                                          Filing and Immediate Effectiveness of                  1. Purpose
                                                  sec.gov. Please include File Number SR–
                                                  NYSEMKT–2015–34 on the subject line.                    Proposed Rule Change Relating to the                      The Exchange proposes to reflect
                                                                                                          Listing and Trading of the Shares of                   changes to the means of achieving the
                                                  Paper Comments                                          the First Trust Low Beta Income ETF,                   Fund’s investment objective. The
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    • Send paper comments in triplicate                   a Series of First Trust Exchange-                      Commission has approved the listing
                                                  to Brent J. Fields, Secretary, Securities               Traded Fund VI                                         and trading of Shares under NASDAQ
                                                  and Exchange Commission, 100 F Street                                                                          Rule 5735, which governs the listing
                                                  NE., Washington, DC 20549–1090.                         May 6, 2015.                                           and trading of Managed Fund Shares on
                                                                                                            Pursuant to Section 19(b)(1) of the
                                                    11 15 U.S.C. 78s(b)(3)(A).                            Securities Exchange Act of 1934                          1 15 U.S.C. 78s(b)(1).
                                                    12 17 CFR 240.19b–4(f)(2).                                                                                     2 17 CFR 240.19b–4.
                                                    13 15 U.S.C. 78s(b)(2)(B).                              14 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4(f)(6).




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Document Created: 2015-12-16 07:55:46
Document Modified: 2015-12-16 07:55:46
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 27205 

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