80_FR_27303 80 FR 27212 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE MKT Order Imbalances to Add a Late Fee In Connection With Failure To Submit the Non-Display Use Declaration

80 FR 27212 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE MKT Order Imbalances 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 Range27212-27214
FR Document2015-11374

Federal Register, Volume 80 Issue 91 (Tuesday, May 12, 2015)
[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27212-27214]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11374]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74884; File No. SR-NYSEMKT-2015-35]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amending the Fees for 
NYSE MKT Order Imbalances 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 Order 
Imbalances 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 Order 
Imbalances, 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, NYSE MKT Trades and NYSE MKT BBO in April 2013 
and amended those fees and added non-display fees for NYSE MKT Order 
Imbalances in September 2014.\4\ The

[[Page 27213]]

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 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.
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    \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.
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    The Exchange notes that if a data recipient does not timely submit 
a Non-Display Use Declaration, the Exchange does not have up-to-date 
information about the data recipient's data use and therefore may not 
be charging the correct fees to the data recipient. In order to 
correctly assess fees for the non-display use of NYSE MKT Order 
Imbalances, the Exchange needs to have current and accurate information 
about the use of NYSE MKT Order Imbalances. 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 Order Imbalances 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 Order Imbalances data recipients that have not submitted the 
Non-Display Use Declaration by June 30, 2015, and would apply beginning 
July 1, 2015 and for each month thereafter until the data recipient has 
completed and submitted the Non-Display Use Declaration. With respect 
to the annual Non-Display Use Declaration due by January 31st of each 
year beginning in 2016, the Non-Display Declaration Late Fee would 
apply to data recipients that fail to complete and submit the annual 
Non-Display Use Declaration by the January 31st due date, and would 
apply beginning February 1st and for each month thereafter until the 
data recipient has completed and submitted the annual Non-Display Use 
Declaration.\7\ A Non-Display Use Declaration that is clearly 
incomplete would not be considered to have been completed and submitted 
to the Exchange on time.
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    \7\ The Exchange 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.
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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).
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    The Exchange believes that it is reasonable to impose a late fee in 
connection with the submission of the Non-Display Use Declaration. In 
order to correctly assess fees for the non-display use of NYSE MKT 
Order Imbalances, the Exchange needs to have current and accurate 
information about the use of NYSE MKT Order Imbalances. 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 Order 
Imbalances feed.
    The Non-Display Declaration Late Fee is also consistent with 
similar pricing adopted in 2013 by the Consolidated Tape Association 
(``CTA'').\10\ The CTA imposes a monthly fee of $2,500 for each of 
Network A and Network B for firms that fail to comply with their 
reporting obligations in a timely manner.
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    \10\ See Securities Exchange Act Release No. 70010 (July 19, 
2013), 78 FR 44984 (July 25, 2013)(SR-CTA/CQ-2013-04).
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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

[[Page 27214]]

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

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

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

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

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

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

    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-2015-35 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-2015-35. 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-2015-35 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).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11374 Filed 5-11-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  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-
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  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’’).



                                             VerDate Sep<11>2014   17:31 May 11, 2015   Jkt 235001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\12MYN1.SGM   12MYN1


                                                                                 Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices                                                     27213

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

                                                  Declaration reflected the changes to the non-display    which specifies the effective dates for the Non-      or fees that are unreasonably
                                                  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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                                                  27214                          Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices

                                                  discriminatory, when vendors and                        and Exchange Commission, 100 F Street                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  subscribers can elect these alternatives                NE., Washington, DC 20549–1090.                        notice is hereby given that on May 5,
                                                  or choose not to purchase a specific                    All submissions should refer to File                   2015, C2 Options Exchange,
                                                  proprietary data product if the attendant               Number SR–NYSEMKT–2015–35. This                        Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
                                                  fees are not justified by the returns that              file number should be included on the                  filed with the Securities and Exchange
                                                  any particular vendor or data recipient                 subject line if email is used. To help the             Commission (the ‘‘Commission’’) the
                                                  would achieve through the purchase                      Commission process and review your                     proposed rule change as described in
                                                  (the returns on use being a particularly                comments more efficiently, please use                  Items I and II below, which Items have
                                                  important aspect of non-display uses of                 only one method. The Commission will                   been prepared by the Exchange. The
                                                  proprietary data).                                      post all comments on the Commission’s                  Commission is publishing this notice to
                                                                                                          Internet Web site (http://www.sec.gov/                 solicit comments on the proposed rule
                                                  C. Self-Regulatory Organization’s
                                                                                                          rules/sro.shtml). Copies of the                        change from interested persons.
                                                  Statement on Comments on the
                                                  Proposed Rule Change Received From                      submission, all subsequent                             I. Self-Regulatory Organization’s
                                                  Members, Participants, or Others                        amendments, all written statements                     Statement of the Terms of Substance of
                                                                                                          with respect to the proposed rule                      the Proposed Rule Change
                                                    No written comments were solicited                    change that are filed with the
                                                  or received with respect to the proposed                Commission, and all written                              The Exchange proposes to adopt a
                                                  rule change.                                            communications relating to the                         rule relating to the effectiveness of a
                                                                                                          proposed rule change between the                       Permit Holder. The text of the proposed
                                                  III. Date of Effectiveness of the
                                                                                                          Commission and any person, other than                  rule change is available on the
                                                  Proposed Rule Change and Timing for
                                                                                                          those that may be withheld from the                    Exchange’s Web site (http://
                                                  Commission Action
                                                                                                          public in accordance with the                          www.cboe.com/AboutCBOE/
                                                     The foregoing rule change is effective               provisions of 5 U.S.C. 552, will be                    CBOELegalRegulatoryHome.aspx), at
                                                  upon filing pursuant to section                         available for Web site viewing and                     the Exchange’s Office of the Secretary,
                                                  19(b)(3)(A) 11 of the Act and                           printing in the Commission’s Public                    and at the Commission’s Public
                                                  subparagraph (f)(2) of Rule 19b–4 12                    Reference Room, 100 F Street NE.,                      Reference Room.
                                                  thereunder, because it establishes a due,               Washington, DC 20549 on official
                                                  fee, or other charge imposed by the                                                                            II. Self-Regulatory Organization’s
                                                                                                          business days between the hours of                     Statement of the Purpose of, and
                                                  Exchange.                                               10:00 a.m. and 3:00 p.m. Copies of the
                                                     At any time within 60 days of the                                                                           Statutory Basis for, the Proposed Rule
                                                                                                          filing will also be available for                      Change
                                                  filing of such proposed rule change, the                inspection and copying at the NYSE’s
                                                  Commission summarily may                                principal office and on its Internet Web                 In its filing with the Commission, the
                                                  temporarily suspend such rule change if                 site at www.nyse.com. All comments                     Exchange included statements
                                                  it appears to the Commission that such                  received will be posted without change;                concerning the purpose of and basis for
                                                  action is necessary or appropriate in the               the Commission does not edit personal                  the proposed rule change and discussed
                                                  public interest, for the protection of                  identifying information from                           any comments it received on the
                                                  investors, or otherwise in furtherance of               submissions. You should submit only                    proposed rule change. The text of these
                                                  the purposes of the Act. If the                         information that you wish to make                      statements may be examined at the
                                                  Commission takes such action, the                       available publicly. All submissions                    places specified in Item IV below. The
                                                  Commission shall institute proceedings                  should refer to File Number SR–                        Exchange has prepared summaries, set
                                                  under section 19(b)(2)(B) 13 of the Act to              NYSEMKT–2015–35 and should be                          forth in sections A, B, and C below, of
                                                  determine whether the proposed rule                     submitted on or before June 2, 2015.                   the most significant aspects of such
                                                  change should be approved or                                                                                   statements.
                                                  disapproved.                                              For the Commission, by the Division of
                                                                                                          Trading and Markets, pursuant to delegated             A. Self-Regulatory Organization’s
                                                  IV. Solicitation of Comments                            authority.14                                           Statement of the Purpose of, and
                                                    Interested persons are invited to                     Robert W. Errett,                                      Statutory Basis for, the Proposed Rule
                                                  submit written data, views, and                         Deputy Secretary.                                      Change
                                                  arguments concerning the foregoing,                     [FR Doc. 2015–11374 Filed 5–11–15; 8:45 am]            1. Purpose
                                                  including whether the proposed rule                     BILLING CODE 8011–01–P
                                                                                                                                                                    The Exchange proposes to adopt a
                                                  change is consistent with the Act.
                                                                                                                                                                 rule governing the effectiveness of
                                                  Comments may be submitted by any of
                                                                                                          SECURITIES AND EXCHANGE                                Permit Holder status. In particular, the
                                                  the following methods:
                                                                                                          COMMISSION                                             Exchange proposes to add language to
                                                  Electronic Comments                                                                                            its rules to codify the requirement that
                                                                                                          [Release No. 34–74888; File No. SR–C2–                 each applicant, to be a Permit Holder,
                                                    • Use the Commission’s Internet                       2015–011]
                                                  comment form (http://www.sec.gov/                                                                              must become effective in that status
                                                  rules/sro.shtml); or                                    Self-Regulatory Organizations; C2                      within 90 days of the date of the
                                                    • Send an email to rule-comments@                     Options Exchange, Incorporated;                        applicant’s approval. The Exchange also
                                                  sec.gov. Please include File Number SR–                 Notice of Filing and Immediate                         proposes to clarify that a Permit Holder
                                                  NYSEMKT–2015–35 on the subject line.                    Effectiveness of a Proposed Rule                       shall become effective upon (i)
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                                                                                                          Change Relating to the Effectiveness                   satisfying applicable requirements to
                                                  Paper Comments                                                                                                 obtain a Trading Permit and (ii) the
                                                                                                          of a Permit Holder
                                                    • Send paper comments in triplicate                                                                          release of a Trading Permit to that
                                                  to Brent J. Fields, Secretary, Securities               May 6, 2015.                                           Permit Holder by the Registration
                                                                                                            Pursuant to Section 19(b)(1) of the                  Services Department (‘‘RSD’’).
                                                    11 15 U.S.C. 78s(b)(3)(A).                            Securities Exchange Act of 1934 (the
                                                    12 17 CFR 240.19b–4(f)(2).                                                                                     1 15   U.S.C. 78s(b)(1).
                                                    13 15 U.S.C. 78s(b)(2)(B).                              14 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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Document Created: 2015-12-16 07:54:52
Document Modified: 2015-12-16 07:54:52
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 27212 

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