80_FR_27301 80 FR 27210 - Self-Regulatory Organizations; NYSE MKT, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE MKT BBO and NYSE MKT Trades To Add a Late Fee In Connection With Failure To Submit the Non-Display Use Declaration

80 FR 27210 - Self-Regulatory Organizations; NYSE MKT, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE MKT BBO and NYSE MKT Trades 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 Range27210-27212
FR Document2015-11373

Federal Register, Volume 80 Issue 91 (Tuesday, May 12, 2015)
[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27210-27212]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11373]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74882; File No. SR-NYSEMKT-2015-36]


Self-Regulatory Organizations; NYSE MKT, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the Fees 
for NYSE MKT BBO and NYSE MKT Trades 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 27, 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 BBO and NYSE 
MKT Trades 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 BBO and NYSE 
MKT Trades, 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 BBO and NYSE MKT Trades 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

[[Page 27211]]

the fee 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 BBO and NYSE 
MKT Trades, the Exchange needs to have current and accurate information 
about the use of NYSE MKT BBO and NYSE MKT Trades. 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 BBO and NYSE MKT Trades 
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 BBO and NYSE MKT Trades 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 has established the Non-Display Declaration 
Late Fee with respect to NYSE MKT OpenBook and in that filing 
adopted endnote 2, which specifies the effective dates for the Non-
Display Declaration Late Fee as described above. See SR-NYSEMKT-
2015-34.
---------------------------------------------------------------------------

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 BBO 
and NYSE MKT Trades, the Exchange needs to have current and accurate 
information about the use of NYSE MKT BBO and NYSE MKT Trades. 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 BBO and NYSE 
MKT Trades feed.
    The Non-Display Declaration Late Fee is also consistent with 
similar pricing adopted in 2013 by the Consolidated Tape Association 
(``CTA'').\10\ The CTA imposes a monthly fee of $2,500 for each of 
Network A and Network B for firms that fail to comply with their 
reporting obligations in a timely manner.
---------------------------------------------------------------------------

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

B. Self-Regulatory Organization's Statement on Burden on Competition

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

[[Page 27212]]

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 [email protected]. Please include 
File Number SR-NYSEMKT-2015-36 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-2015-36. 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-2015-36 and should be submitted on or before 
June 2, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11373 Filed 5-11-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  27210                           Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices

                                                  thereunder in that it effects a change                  proposed rule change between the                      I. Self-Regulatory Organization’s
                                                  that: (i) does not significantly affect the             Commission and any person, other than                 Statement of the Terms of Substance of
                                                  protection of investors or the public                   those that may be withheld from the                   the Proposed Rule Change
                                                  interest; (ii) does not impose any                      public in accordance with the                            The Exchange proposes to amend the
                                                  significant burden on competition; and                  provisions of 5 U.S.C. 552, will be                   fees for NYSE MKT BBO and NYSE
                                                  (iii) by its terms, does not become                     available for Web site viewing and                    MKT Trades to add a late fee in
                                                  operative for 30 days after the date of                 printing in the Commission’s Public                   connection with failure to submit the
                                                  the filing, or such shorter time as the                 Reference Room, 100 F Street NE.,                     non-display use declaration, operative
                                                  Commission may designate if consistent                  Washington, DC 20549, on official                     on May 1, 2015. The text of the
                                                  with the protection of investors and the                business days between the hours of                    proposed rule change is available on the
                                                  public interest.                                        10:00 a.m. and 3:00 p.m. Copies of the                Exchange’s Web site at www.nyse.com,
                                                     At any time within 60 days of the                    filing also will be available for                     at the principal office of the Exchange,
                                                  filing of the proposed rule change, the                 inspection and copying at the principal               and at the Commission’s Public
                                                  Commission summarily may                                office of Nasdaq. All comments received               Reference Room.
                                                  temporarily suspend such rule change if                 will be posted without change; the
                                                  it appears to the Commission that such                  Commission does not edit personal                     II. Self-Regulatory Organization’s
                                                  action is: (i) Necessary or appropriate in              identifying information from                          Statement of the Purpose of, and
                                                  the public interest; (ii) for the protection            submissions. You should submit only                   Statutory Basis for, the Proposed Rule
                                                  of investors; or (iii) otherwise in                     information that you wish to make                     Change
                                                  furtherance of the purposes of the Act.                 available publicly. All submissions                      In its filing with the Commission, the
                                                  If the Commission takes such action, the                should refer to File Number SR–                       self-regulatory organization included
                                                  Commission shall institute proceedings                  NASDAQ–2015–045 and should be                         statements concerning the purpose of,
                                                  to determine whether the proposed rule                  submitted on or before June 2, 2015.                  and basis for, the proposed rule change
                                                  should be approved or disapproved.                                                                            and discussed any comments it received
                                                                                                            For the Commission, by the Division of
                                                  IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated            on the proposed rule change. The text
                                                                                                          authority.15                                          of those statements may be examined at
                                                    Interested persons are invited to
                                                                                                          Robert W. Errett,                                     the places specified in Item IV below.
                                                  submit written data, views, and
                                                                                                          Deputy Secretary.                                     The Exchange has prepared summaries,
                                                  arguments concerning the foregoing,
                                                                                                                                                                set forth in sections A, B, and C below,
                                                  including whether the proposed rule                     [FR Doc. 2015–11371 Filed 5–11–15; 8:45 am]
                                                                                                                                                                of the most significant parts of such
                                                  change is consistent with the Act.                      BILLING CODE 8011–01–P
                                                                                                                                                                statements.
                                                  Comments may be submitted by any of
                                                  the following methods:                                                                                        A. Self-Regulatory Organization’s
                                                                                                          SECURITIES AND EXCHANGE                               Statement of the Purpose of, and the
                                                  Electronic Comments                                     COMMISSION                                            Statutory Basis for, the Proposed Rule
                                                    • Use the Commission’s Internet                                                                             Change
                                                  comment form (http://www.sec.gov/                       [Release No. 34–74882; File No. SR–
                                                  rules/sro.shtml); or                                                                                          1. Purpose
                                                                                                          NYSEMKT–2015–36]
                                                    • Send an email to rule-comments@                                                                              The Exchange proposes to amend the
                                                  sec.gov. Please include File Number SR–                 Self-Regulatory Organizations; NYSE                   fees for NYSE MKT BBO and NYSE
                                                  NASDAQ–2015–045 on the subject line.                    MKT, LLC; Notice of Filing and                        MKT Trades, as set forth on the NYSE
                                                  Paper Comments                                          Immediate Effectiveness of Proposed                   MKT Equities Proprietary Market Data
                                                                                                          Rule Change Amending the Fees for                     Fee Schedule (‘‘Fee Schedule’’), to add
                                                     • Send paper comments in triplicate                  NYSE MKT BBO and NYSE MKT                             a late fee in connection with failure to
                                                  to Brent J. Fields, Secretary, Securities               Trades To Add a Late Fee In                           submit an updated non-display use
                                                  and Exchange Commission, Station                        Connection With Failure To Submit the                 declaration. The proposed change to the
                                                  Place, 100 F Street NE., Washington, DC                 Non-Display Use Declaration                           Fee Schedule would be operative on
                                                  20549–9303.                                                                                                   May 1, 2015.
                                                  All submissions should refer to File                    May 6, 2015.                                             The Exchange established the current
                                                  Number SR–NASDAQ–2015–045. This                            Pursuant to Section 19(b)(1) 1 of the              fees for non-display services for NYSE
                                                  file number should be included on the                   Securities Exchange Act of 1934 (the                  MKT BBO and NYSE MKT Trades in
                                                  subject line if email is used. To help the              ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                April 2013 and amended those fees in
                                                  Commission process and review your                      notice is hereby given that, on April 27,             September 2014.4 The 2013 Non-
                                                  comments more efficiently, please use                   2015, NYSE MKT LLC (the ‘‘Exchange’’                  Display Filing established a requirement
                                                  only one method. The Commission will                    or ‘‘NYSE MKT’’) filed with the                       that data recipients that receive real-
                                                  post all comments on the Commission’s                   Securities and Exchange Commission                    time NYSE MKT market data subject to
                                                  Internet Web site http://www.sec.gov/                   (the ‘‘Commission’’) the proposed rule                Non-Display Use fees submit a
                                                  rules/sro.shtml.                                        change as described in Items I, II, and               declaration with respect to their use of
                                                     Copies of the submission, all                        III below, which Items have been                      non-display data.5 In connection with
                                                  subsequent amendments, all written                      prepared by the self-regulatory
                                                  statements with respect to the proposed                 organization. The Commission is
                                                                                                                                                                  4 See Securities Exchange Act Release Nos. 69285

                                                  rule change that are filed with the                                                                           (April 3, 2013), 78 FR 21172 (April 9, 2013) (SR–
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          publishing this notice to solicit                     NYSEMKT–2013–32)(‘‘2013 Non-Display Filing’’)
                                                  Commission, and all written                             comments on the proposed rule change                  and 72020 (Sept. 9, 2014), 79 FR 55040 (Sept. 15,
                                                  communications relating to the                          from interested persons.                              2014) (SR–NYSEMKT–2014–72)(‘‘2014 Non-Display
                                                                                                                                                                Filing’’).
                                                  the proposed rule change at least five business days      15 17
                                                                                                                                                                  5 The non-display fee structure established in the

                                                  prior to the date of filing of the proposed rule                CFR 200.30–3(a)(12).                          2013 Non-Display Filing replaced a monthly
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                  change, or such shorter time as designated by the                                                             reporting obligation with respect to non-display
                                                                                                            2 15 U.S.C. 78a.
                                                  Commission. The Exchange has satisfied this                                                                   devices with the requirement to submit the non-
                                                  requirement.                                              3 17 CFR 240.19b–4.                                 display use declaration. The Exchange also notes



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                                                                                 Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices                                                     27211

                                                  the fee changes in the 2014 Non-Display                 Late Fee would apply to NYSE MKT                      Non-Display Use Declarations. The Non-
                                                  Filing, the Exchange required data                      BBO and NYSE MKT Trades data                          Display Declaration Late Fee is
                                                  recipients that receive real-time NYSE                  recipients that have not submitted the                equitable and not unfairly
                                                  MKT market data subject to Non-                         Non-Display Use Declaration by June                   discriminatory because it will apply to
                                                  Display Use fees to complete and submit                 30, 2015, and would apply beginning                   all data recipients that choose to
                                                  an updated Non-Display Use                              July 1, 2015 and for each month                       subscribe to the NYSE MKT BBO and
                                                  Declaration by September 1, 2014.6 The                  thereafter until the data recipient has               NYSE MKT Trades feed.
                                                  2014 Non-Display Filing also                            completed and submitted the Non-                         The Non-Display Declaration Late Fee
                                                  established that data recipients are                    Display Use Declaration. With respect to              is also consistent with similar pricing
                                                  required to submit an updated annual                    the annual Non-Display Use Declaration                adopted in 2013 by the Consolidated
                                                  Non-Display Use Declaration by January                  due by January 31st of each year                      Tape Association (‘‘CTA’’).10 The CTA
                                                  31st of each year beginning in 2016. In                 beginning in 2016, the Non-Display                    imposes a monthly fee of $2,500 for
                                                  addition, if a data recipient’s use of real-            Declaration Late Fee would apply to                   each of Network A and Network B for
                                                  time NYSE MKT market data changes at                    data recipients that fail to complete and             firms that fail to comply with their
                                                  any time after the data recipient submits               submit the annual Non-Display Use                     reporting obligations in a timely
                                                  a Non-Display Use Declaration, the data                 Declaration by the January 31st due                   manner.
                                                  recipient must inform the Exchange of                   date, and would apply beginning
                                                                                                          February 1st and for each month                       B. Self-Regulatory Organization’s
                                                  the change by completing and                                                                                  Statement on Burden on Competition
                                                  submitting at the time of the change an                 thereafter until the data recipient has
                                                  updated declaration reflecting the                      completed and submitted the annual                       The Exchange does not believe that
                                                  change of use.                                          Non-Display Use Declaration.7 A Non-                  the proposed rule change will impose
                                                     The Exchange notes that if a data                    Display Use Declaration that is clearly               any burden on competition that is not
                                                  recipient does not timely submit a Non-                 incomplete would not be considered to                 necessary or appropriate in furtherance
                                                  Display Use Declaration, the Exchange                   have been completed and submitted to                  of the purposes of the Act. An
                                                  does not have up-to-date information                    the Exchange on time.                                 exchange’s ability to price its
                                                  about the data recipient’s data use and                                                                       proprietary market data feed products is
                                                                                                          2. Statutory Basis
                                                  therefore may not be charging the                                                                             constrained by actual competition for
                                                  correct fees to the data recipient. In                     The Exchange believes that the                     the sale of proprietary market data
                                                  order to correctly assess fees for the                  proposed rule change is consistent with               products, the joint product nature of
                                                                                                          the provisions of Section 6 of the Act,8              exchange platforms, and the existence of
                                                  non-display use of NYSE MKT BBO and
                                                                                                          in general, and Sections 6(b)(4) and                  alternatives to the Exchange’s
                                                  NYSE MKT Trades, the Exchange needs
                                                                                                          6(b)(5) of the Act,9 in particular, in that           proprietary data. In addition to being
                                                  to have current and accurate
                                                                                                          it provides an equitable allocation of                able to choose which proprietary data
                                                  information about the use of NYSE MKT
                                                                                                          reasonable fees among users and                       products (if any) to use and how to use
                                                  BBO and NYSE MKT Trades. The
                                                                                                          recipients of the data and is not                     them, a user can avoid the late fees that
                                                  failure of data recipients to submit the
                                                                                                          designed to permit unfair                             are the subject of this filing entirely by
                                                  Non-Display Use Declaration on time
                                                                                                          discrimination among customers,                       simply complying with the requisite
                                                  leads to potentially incorrect billing and
                                                                                                          issuers, and brokers.                                 deadlines.
                                                  administrative burdens, including
                                                                                                             The Exchange believes that it is                      In setting the proposed fees, the
                                                  tracking and obtaining late Non-Display
                                                                                                          reasonable to impose a late fee in                    Exchange considered the
                                                  Use Declarations and correcting
                                                                                                          connection with the submission of the                 competitiveness of the market for
                                                  customer records in connection with
                                                                                                          Non-Display Use Declaration. In order                 proprietary data and all of the
                                                  late Non-Display Use Declarations. The
                                                                                                          to correctly assess fees for the non-                 implications of that competition. The
                                                  purpose of the proposed late fee is to
                                                                                                          display use of NYSE MKT BBO and                       Exchange believes that it has considered
                                                  incent data recipients to submit the
                                                                                                          NYSE MKT Trades, the Exchange needs                   all relevant factors and has not
                                                  Non-Display Use Declaration promptly
                                                                                                          to have current and accurate                          considered irrelevant factors in order to
                                                  to avoid the administrative burdens
                                                                                                          information about the use of NYSE MKT                 establish fair, reasonable, and not
                                                  associated with the late submission of
                                                                                                          BBO and NYSE MKT Trades. The                          unreasonably discriminatory fees and an
                                                  Non-Display Use Declarations.
                                                                                                          failure of data recipients to submit the              equitable allocation of fees among all
                                                     The Exchange proposes to establish a
                                                                                                          Non-Display Use Declaration on time                   users. The existence of fierce
                                                  Non-Display Declaration Late Fee of
                                                                                                          leads to potentially incorrect billing and            competition to sell proprietary data
                                                  $1,000 per month. The proposed fee
                                                                                                          administrative burdens, including                     products and for order flow, as well as
                                                  would be charged to any data recipient
                                                                                                          tracking and obtaining late Non-Display               numerous alternatives to the Exchange’s
                                                  that pays an Access Fee for NYSE MKT
                                                                                                          Use Declarations and correcting and                   products, including proprietary data
                                                  BBO and NYSE MKT Trades that has
                                                                                                          following up on payments owed in                      from other sources, ensures that the
                                                  failed to timely complete and submit a
                                                                                                          connection with late Non-Display Use                  Exchange cannot set unreasonable fees,
                                                  Non-Display Use Declaration.
                                                                                                          Declarations. The purpose of the late fee             or fees that are unreasonably
                                                     With respect to the Non-Display Use
                                                                                                          is to incent data recipients to submit the            discriminatory, when vendors and
                                                  Declaration that was due by September
                                                                                                          Non-Display Use Declaration promptly                  subscribers can elect these alternatives
                                                  1, 2014, the Non-Display Declaration
                                                                                                          to avoid the administrative burdens                   or choose not to purchase a specific
                                                  that if a data recipient only subscribes to products
                                                                                                          associated with the late submission of                proprietary data product if the attendant
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                                                  for which there are no non-display usage fees, e.g.,                                                          fees are not justified by the returns that
                                                                                                            7 The Exchange has established the Non-Display
                                                  NYSE MKT Realtime Reference Prices, then no                                                                   any particular vendor or data recipient
                                                  declaration is required.                                Declaration Late Fee with respect to NYSE MKT
                                                    6 The current form of the Non-Display Use             OpenBook and in that filing adopted endnote 2,        would achieve through the purchase
                                                  Declaration reflected the changes to the non-display    which specifies the effective dates for the Non-      (the returns on use being a particularly
                                                  fees set forth in the 2014 Non-Display Filing and       Display Declaration Late Fee as described above.
                                                  replaced the NYSE Euronext Non-Display Use              See SR–NYSEMKT–2015–34.                                  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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                                                  27212                          Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices

                                                  important aspect of non-display uses of                 only one method. The Commission will                  Securities and Exchange Commission
                                                  proprietary data).                                      post all comments on the Commission’s                 (the ‘‘Commission’’) the proposed rule
                                                                                                          Internet Web site (http://www.sec.gov/                change as described in Items I, II, and
                                                  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                                                                                                The Exchange proposes to amend the
                                                                                                          public in accordance with the
                                                     The foregoing rule change is effective               provisions of 5 U.S.C. 552, will be                   fees for NYSE MKT Order Imbalances to
                                                  upon filing pursuant to Section                         available for Web site viewing and                    add a late fee in connection with failure
                                                  19(b)(3)(A) 11 of the Act and                           printing in the Commission’s Public                   to submit the non-display use
                                                  subparagraph (f)(2) of Rule 19b–4 12                    Reference Room, 100 F Street NE.,                     declaration, operative on May 1, 2015.
                                                  thereunder, because it establishes a due,               Washington, DC 20549 on official                      The text of the proposed rule change is
                                                  fee, or other charge imposed by the                     business days between the hours of                    available on the Exchange’s Web site at
                                                  Exchange.                                               10:00 a.m. and 3:00 p.m. Copies of the                www.nyse.com, at the principal office of
                                                     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
                                                  investors, or otherwise in furtherance of               submissions. You should submit only                      In its filing with the Commission, the
                                                  the purposes of the Act. If the                         information that you wish to make                     self-regulatory organization included
                                                  Commission takes such action, the                       available publicly. All submissions                   statements concerning the purpose of,
                                                  Commission shall institute proceedings                  should refer to File Number SR–                       and basis for, the proposed rule change
                                                  under Section 19(b)(2)(B) 13 of the Act to              NYSEMKT–2015–36 and should be                         and discussed any comments it received
                                                  determine whether the proposed rule                     submitted on or before June 2, 2015.                  on the proposed rule change. The text
                                                  change should be approved or                                                                                  of those statements may be examined at
                                                                                                            For the Commission, by the Division of              the places specified in Item IV below.
                                                  disapproved.                                            Trading and Markets, pursuant to delegated
                                                                                                          authority.14
                                                                                                                                                                The Exchange has prepared summaries,
                                                  IV. Solicitation of Comments                                                                                  set forth in sections A, B, and C below,
                                                                                                          Robert W. Errett,
                                                    Interested persons are invited to                                                                           of the most significant parts of such
                                                                                                          Deputy Secretary.                                     statements.
                                                  submit written data, views, and                         [FR Doc. 2015–11373 Filed 5–11–15; 8:45 am]
                                                  arguments concerning the foregoing,                                                                           A. Self-Regulatory Organization’s
                                                                                                          BILLING CODE 8011–01–P
                                                  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. 34–74884; File No. SR–                      The Exchange proposes to amend the
                                                    • Use the Commission’s Internet                       NYSEMKT–2015–35]                                      fees for NYSE MKT Order Imbalances,
                                                  comment form (http://www.sec.gov/                                                                             as set forth on the NYSE MKT Equities
                                                                                                          Self-Regulatory Organizations; NYSE
                                                  rules/sro.shtml); or                                                                                          Proprietary Market Data Fee Schedule
                                                                                                          MKT LLC; Notice of Filing and
                                                    • Send an email to rule-comments@                                                                           (‘‘Fee Schedule’’), to add a late fee in
                                                                                                          Immediate Effectiveness of Proposed
                                                  sec.gov. Please include File Number SR–                                                                       connection with failure to submit an
                                                                                                          Rule Change Amending the Fees for
                                                  NYSEMKT–2015–36 on the subject line.                                                                          updated non-display use declaration.
                                                                                                          NYSE MKT Order Imbalances to Add a
                                                                                                                                                                The proposed change to the Fee
                                                  Paper Comments                                          Late Fee In Connection With Failure To
                                                                                                                                                                Schedule would be operative on May 1,
                                                     • Send paper comments in triplicate                  Submit the Non-Display Use
                                                                                                                                                                2015.
                                                  to Brent J. Fields, Secretary, Securities               Declaration                                              The Exchange established the current
                                                  and Exchange Commission, 100 F Street                   May 6, 2015.                                          fees for non-display services for NYSE
                                                  NE., Washington, DC 20549–1090.                            Pursuant to section 19(b)(1) 1 of the              MKT OpenBook, NYSE MKT Trades
                                                  All submissions should refer to File                    Securities Exchange Act of 1934 (the                  and NYSE MKT BBO in April 2013 and
                                                  Number SR–NYSEMKT–2015–36. This                         ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                amended those fees and added non-
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                                                  file number should be included on the                   notice is hereby given that, on April 27,             display fees for NYSE MKT Order
                                                  subject line if email is used. To help the              2015, NYSE MKT LLC (the ‘‘Exchange’’                  Imbalances in September 2014.4 The
                                                  Commission process and review your                      or ‘‘NYSE MKT’’) filed with the
                                                                                                                                                                  4 See Securities Exchange Act Release Nos. 69285
                                                  comments more efficiently, please use
                                                                                                            14 17
                                                                                                                                                                (April 3, 2013), 78 FR 21172 (April 9, 2013) (SR–
                                                                                                                  CFR 200.30–3(a)(12).                          NYSEMKT–2013–32) (‘‘2013 Non-Display Filing’’)
                                                    11 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                and 72020 (Sept. 9, 2014), 79 FR 55040 (Sept. 15,
                                                    12 17 CFR 240.19b–4(f)(2).                              2 15 U.S.C. 78a.
                                                                                                                                                                2014) (SR–NYSEMKT–2014–72) (‘‘2014 Non-
                                                    13 15 U.S.C. 78s(b)(2)(B).                              3 17 CFR 240.19b–4.                                 Display Filing’’).



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Document Created: 2015-12-16 07:54:55
Document Modified: 2015-12-16 07:54:55
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 27210 

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