80_FR_27463 80 FR 27371 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE Arca BBO and NYSE Arca Trades To Add a Late Fee in Connection With Failure To Submit the Non-Display Use Declaration

80 FR 27371 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE Arca BBO and NYSE Arca 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 92 (May 13, 2015)

Page Range27371-27373
FR Document2015-11491

Federal Register, Volume 80 Issue 92 (Wednesday, May 13, 2015)
[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Notices]
[Pages 27371-27373]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11491]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74901; File No. SR-NYSEARCA-2015-36]


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

May 7, 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 30, 2015, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the fees for NYSE Arca BBO and NYSE 
Arca 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

[[Page 27372]]

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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the fees for NYSE Arca BBO and NYSE 
Arca Trades, as set forth on the NYSE Arca 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 Arca BBO and NYSE Arca 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 Arca 
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 Arca market data subject to Non-
Display Use fees to complete and submit an updated Non-Display Use 
Declaration by September 1, 2014.\6\ The 2014 Non-Display Filing also 
established that data recipients are required to submit an updated 
annual Non-Display Use Declaration by January 31st of each year 
beginning in 2016. In addition, if a data recipient's use of real-time 
NYSE Arca 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. 69315 (Apr. 5, 
2013), 78 FR 21668 (Apr. 11, 2013) (SR-NYSEArca-2013-37) (``2013 
Non-Display Filing'') and 73011 (Sept. 5, 2014), 79 FR 54315 (Sept. 
11, 2014) (SR-NYSEArca-2014-93) (``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 Arca 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 Arca BBO and NYSE 
Arca Trades, the Exchange needs to have current and accurate 
information about the use of NYSE Arca BBO and NYSE Arca 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 Arca BBO and NYSE Arca 
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 Arca BBO and NYSE Arca 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 Arca Integrated Feed and in that 
filing adopted the text in endnote 2, which specifies the effective 
dates for the Non-Display Declaration Late Fee as described above, 
so the text in endnote 2 to the Fee Schedule is not new. See SR-
NYSEArca-2015-34.
---------------------------------------------------------------------------

    In addition to adding the Non-Display Declaration Late Fee for NYSE 
Arca BBO and NYSE Arca Trades to the Fee Schedule, the Exchange 
proposes to add an endnote to the Fee Schedule that would specify the 
effective dates for the Non-Display Declaration Late Fee as described 
above, and to change the numbering for the existing endnotes as needed.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\8\ in general, and 
Sections 6(b)(4) and 6(b)(5) of the Act,\9\ in particular, in that it 
provides an equitable allocation of reasonable fees among users and 
recipients of the data and is not designed to permit unfair 
discrimination among customers, issuers, and brokers.
---------------------------------------------------------------------------

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

    The Exchange believes that it is reasonable to impose a late fee in 
connection with the submission of the Non-Display Use Declaration. In 
order to correctly assess fees for the non-display use of NYSE Arca BBO 
and NYSE Arca Trades, the Exchange needs to have current and accurate 
information about the use of NYSE Arca BBO and NYSE Arca 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 Arca BBO and NYSE 
Arca 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

[[Page 27373]]

each of Network A and Network B for firms that fail to comply with 
their reporting obligations in a timely manner.
---------------------------------------------------------------------------

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

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

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

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-NYSEARCA-2015-36 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEARCA-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-NYSEARCA-2015-36, and should be 
submitted on or before June 3, 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. 2015-11491 Filed 5-12-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Notices                                                  27371

                                                    C. Self-Regulatory Organization’s                       to determine whether the proposed rule                  For the Commission, by the Division of
                                                    Statement on Comments on the                            should be approved or disapproved.                    Trading and Markets, pursuant to delegated
                                                    Proposed Rule Change Received From                                                                            authority.34
                                                    Members, Participants, or Others                        IV. Solicitation of Comments                          Robert W. Errett,
                                                                                                                                                                  Deputy Secretary.
                                                      The Exchange neither solicited nor                      Interested persons are invited to
                                                                                                            submit written data, views, and                       [FR Doc. 2015–11484 Filed 5–12–15; 8:45 am]
                                                    received comments on the proposed
                                                    rule change.                                            arguments concerning the foregoing,                   BILLING CODE 8011–01–P

                                                                                                            including whether the proposed rule
                                                    III. Date of Effectiveness of the                       change is consistent with the Act.
                                                    Proposed Rule Change and Timing for                     Comments may be submitted by any of                   SECURITIES AND EXCHANGE
                                                    Commission Action                                       the following methods:                                COMMISSION
                                                       Because the proposed rule change                                                                           [Release No. 34–74901; File No. SR–
                                                                                                            Electronic Comments                                   NYSEARCA–2015–36]
                                                    does not (i) significantly affect the
                                                    protection of investors or the public                     • Use the Commission’s Internet
                                                    interest; (ii) impose any significant                                                                         Self-Regulatory Organizations; NYSE
                                                                                                            comment form (http://www.sec.gov/                     Arca, Inc.; Notice of Filing and
                                                    burden on competition; and (iii) become                 rules/sro.shtml); or
                                                    operative for 30 days from the date on                                                                        Immediate Effectiveness of Proposed
                                                    which it was filed, or such shorter time                  • Send an email to rule-comments@                   Rule Change Amending the Fees for
                                                    as the Commission may designate if                      sec.gov. Please include File Number SR–               NYSE Arca BBO and NYSE Arca
                                                    consistent with the protection of                       CBOE–2015–039 on the subject line.                    Trades To Add a Late Fee in
                                                    investors and the public interest, the                                                                        Connection With Failure To Submit the
                                                                                                            Paper Comments
                                                    proposed rule change has become                                                                               Non-Display Use Declaration
                                                    effective pursuant to Section 19(b)(3)(A)                 • Send paper comments in triplicate                 May 7, 2015.
                                                    of the Act 31 and Rule 19b–4(f)(6)                      to Brent J. Fields, Secretary, Securities                Pursuant to Section 19(b)(1) 1 of the
                                                    thereunder.32                                           and Exchange Commission, 100 F Street                 Securities Exchange Act of 1934 (the
                                                       The Exchange has asked the                           NE., Washington, DC 20549–1090.                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    Commission to waive the 30-day                          All submissions should refer to File                  notice is hereby given that, on April 30,
                                                    operative delay so that the proposal may                Number SR–CBOE–2015–039. This file                    2015, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                    become operative immediately upon                       number should be included on the                      or ‘‘NYSE Arca’’) filed with the
                                                    filing. The Commission believes that                                                                          Securities and Exchange Commission
                                                                                                            subject line if email is used. To help the
                                                    waiving the 30-day operative delay is                                                                         (the ‘‘Commission’’) the proposed rule
                                                                                                            Commission process and review your
                                                    consistent with the protection of                                                                             change as described in Items I, II, and
                                                                                                            comments more efficiently, please use
                                                    investors and the public interest, as it                                                                      III below, which Items have been
                                                                                                            only one method. The Commission will
                                                    will enable the Exchange to meet its                                                                          prepared by the self-regulatory
                                                                                                            post all comments on the Commission’s
                                                    proposed implementation date of May 8,                                                                        organization. The Commission is
                                                                                                            Internet Web site (http://www.sec.gov/
                                                    2015, which will help facilitate the                                                                          publishing this notice to solicit
                                                                                                            rules/sro.shtml). Copies of the
                                                    implementation of harmonized rules                                                                            comments on the proposed rule change
                                                                                                            submission, all subsequent
                                                    related to the adjustment and                                                                                 from interested persons.
                                                                                                            amendments, all written statements
                                                    nullification of erroneous options
                                                                                                            with respect to the proposed rule                     I. Self-Regulatory Organization’s
                                                    transactions across the options
                                                    exchanges. For this reason, the                         change that are filed with the                        Statement of the Terms of Substance of
                                                    Commission designates the proposed                      Commission, and all written                           the Proposed Rule Change
                                                    rule change to be operative upon                        communications relating to the
                                                                                                            proposed rule change between the                        The Exchange proposes to amend the
                                                    filing.33                                                                                                     fees for NYSE Arca BBO and NYSE Arca
                                                                                                            Commission and any person, other than
                                                       At any time within 60 days of the                                                                          Trades to add a late fee in connection
                                                    filing of the proposed rule change, the                 those that may be withheld from the
                                                                                                                                                                  with failure to submit the non-display
                                                    Commission summarily may                                public in accordance with the
                                                                                                                                                                  use declaration, operative on May 1,
                                                    temporarily suspend such rule change if                 provisions of 5 U.S.C. 552, will be
                                                                                                                                                                  2015. The text of the proposed rule
                                                    it appears to the Commission that such                  available for Web site viewing and
                                                                                                                                                                  change is available on the Exchange’s
                                                    action is necessary or appropriate in the               printing in the Commission’s Public
                                                                                                                                                                  Web site at www.nyse.com, at the
                                                    public interest, for the protection of                  Reference Room, 100 F Street NE.,
                                                                                                                                                                  principal office of the Exchange, and at
                                                    investors, or otherwise in furtherance of               Washington, DC 20549, on official
                                                                                                                                                                  the Commission’s Public Reference
                                                    the purposes of the Act. If the                         business days between the hours of
                                                                                                                                                                  Room.
                                                    Commission takes such action, the                       10:00 a.m. and 3:00 p.m. Copies of the
                                                    Commission shall institute proceedings                  filing also will be available for                     II. Self-Regulatory Organization’s
                                                                                                            inspection and copying at the principal               Statement of the Purpose of, and
                                                      31 15
                                                                                                            office of the Exchange. All comments                  Statutory Basis for, the Proposed Rule
                                                             U.S.C. 78s(b)(3)(A).
                                                      32 17  CFR 240.19b–4(f)(6). As required under Rule
                                                                                                            received will be posted without change;               Change
                                                    19b–4(f)(6)(iii), the Exchange provided the             the Commission does not edit personal                   In its filing with the Commission, the
                                                    Commission with written notice of its intent to file    identifying information from
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    the proposed rule change, along with a brief
                                                                                                                                                                  self-regulatory organization included
                                                                                                            submissions. You should submit only                   statements concerning the purpose of,
                                                    description and the text of the proposed rule
                                                    change, at least five business days prior to the date
                                                                                                            information that you wish to make                     and basis for, the proposed rule change
                                                    of filing of the proposed rule change, or such          available publicly. All submissions                   and discussed any comments it received
                                                    shorter time as designated by the Commission.           should refer to File Number SR–CBOE–                  on the proposed rule change. The text
                                                       33 For purposes only of waiving the 30-day
                                                                                                            2015–039 and should be submitted on
                                                    operative delay, the Commission has also                or before June 3, 2015.                                 1 15 U.S.C.78s(b)(1).
                                                    considered the proposed rule’s impact on
                                                                                                                                                                    2 15 U.S.C. 78a.
                                                    efficiency, competition, and capital formation. See
                                                    15 U.S.C. 78c(f).                                        34 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4.




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                                                    27372                        Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Notices

                                                    of those statements may be examined at                  the change by completing and                            Display Use Declaration that is clearly
                                                    the places specified in Item IV below.                  submitting at the time of the change an                 incomplete would not be considered to
                                                    The Exchange has prepared summaries,                    updated declaration reflecting the                      have been completed and submitted to
                                                    set forth in sections A, B, and C below,                change of use.                                          the Exchange on time.
                                                    of the most significant parts of such                      The Exchange notes that if a data                      In addition to adding the Non-Display
                                                    statements.                                             recipient does not timely submit a Non-                 Declaration Late Fee for NYSE Arca
                                                                                                            Display Use Declaration, the Exchange                   BBO and NYSE Arca Trades to the Fee
                                                    A. Self-Regulatory Organization’s                                                                               Schedule, the Exchange proposes to add
                                                    Statement of the Purpose of, and                        does not have up-to-date information
                                                                                                            about the data recipient’s data use and                 an endnote to the Fee Schedule that
                                                    Statutory Basis for, the Proposed Rule                                                                          would specify the effective dates for the
                                                    Change                                                  therefore may not be charging the
                                                                                                            correct fees to the data recipient. In                  Non-Display Declaration Late Fee as
                                                    1. Purpose                                              order to correctly assess fees for the                  described above, and to change the
                                                       The Exchange proposes to amend the                   non-display use of NYSE Arca BBO and                    numbering for the existing endnotes as
                                                    fees for NYSE Arca BBO and NYSE Arca                    NYSE Arca Trades, the Exchange needs                    needed.
                                                    Trades, as set forth on the NYSE Arca                   to have current and accurate                            2. Statutory Basis
                                                    Equities Proprietary Market Data Fee                    information about the use of NYSE Arca
                                                                                                            BBO and NYSE Arca Trades. The failure                      The Exchange believes that the
                                                    Schedule (‘‘Fee Schedule’’), to add a late                                                                      proposed rule change is consistent with
                                                    fee in connection with failure to submit                of data recipients to submit the Non-
                                                                                                                                                                    the provisions of Section 6 of the Act,8
                                                    an updated non-display use declaration.                 Display Use Declaration on time leads to
                                                                                                                                                                    in general, and Sections 6(b)(4) and
                                                    The proposed change to the Fee                          potentially incorrect billing and
                                                                                                                                                                    6(b)(5) of the Act,9 in particular, in that
                                                    Schedule would be operative on May 1,                   administrative burdens, including
                                                                                                                                                                    it provides an equitable allocation of
                                                    2015.                                                   tracking and obtaining late Non-Display
                                                                                                                                                                    reasonable fees among users and
                                                       The Exchange established the current                 Use Declarations and correcting
                                                                                                                                                                    recipients of the data and is not
                                                    fees for non-display services for NYSE                  customer records in connection with
                                                                                                                                                                    designed to permit unfair
                                                    Arca BBO and NYSE Arca Trades in                        late Non-Display Use Declarations. The
                                                                                                                                                                    discrimination among customers,
                                                    April 2013 and amended those fees in                    purpose of the proposed late fee is to
                                                                                                                                                                    issuers, and brokers.
                                                    September 2014.4 The 2013 Non-                          incent data recipients to submit the                       The Exchange believes that it is
                                                    Display Filing established a requirement                Non-Display Use Declaration promptly                    reasonable to impose a late fee in
                                                    that data recipients that receive real-                 to avoid the administrative burdens                     connection with the submission of the
                                                    time NYSE Arca market data subject to                   associated with the late submission of                  Non-Display Use Declaration. In order
                                                    Non-Display Use fees submit a                           Non-Display Use Declarations.                           to correctly assess fees for the non-
                                                    declaration with respect to their use of                   The Exchange proposes to establish a                 display use of NYSE Arca BBO and
                                                    non-display data.5 In connection with                   Non-Display Declaration Late Fee of                     NYSE Arca Trades, the Exchange needs
                                                    the fee changes in the 2014 Non-Display                 $1,000 per month. The proposed fee                      to have current and accurate
                                                    Filing, the Exchange required data                      would be charged to any data recipient                  information about the use of NYSE Arca
                                                    recipients that receive real-time NYSE                  that pays an Access Fee for NYSE Arca                   BBO and NYSE Arca Trades. The failure
                                                    Arca market data subject to Non-Display                 BBO and NYSE Arca Trades that has                       of data recipients to submit the Non-
                                                    Use fees to complete and submit an                      failed to timely complete and submit a                  Display Use Declaration on time leads to
                                                    updated Non-Display Use Declaration                     Non-Display Use Declaration.                            potentially incorrect billing and
                                                    by September 1, 2014.6 The 2014 Non-                       With respect to the Non-Display Use                  administrative burdens, including
                                                    Display Filing also established that data               Declaration that was due by September                   tracking and obtaining late Non-Display
                                                    recipients are required to submit an                    1, 2014, the Non-Display Declaration                    Use Declarations and correcting and
                                                    updated annual Non-Display Use                          Late Fee would apply to NYSE Arca                       following up on payments owed in
                                                    Declaration by January 31st of each year                BBO and NYSE Arca Trades data                           connection with late Non-Display Use
                                                    beginning in 2016. In addition, if a data               recipients that have not submitted the                  Declarations. The purpose of the late fee
                                                    recipient’s use of real-time NYSE Arca                  Non-Display Use Declaration by June                     is to incent data recipients to submit the
                                                    market data changes at any time after                   30, 2015, and would apply beginning                     Non-Display Use Declaration promptly
                                                    the data recipient submits a Non-                       July 1, 2015 and for each month                         to avoid the administrative burdens
                                                    Display Use Declaration, the data                       thereafter until the data recipient has                 associated with the late submission of
                                                    recipient must inform the Exchange of                   completed and submitted the Non-                        Non-Display Use Declarations. The Non-
                                                                                                            Display Use Declaration. With respect to                Display Declaration Late Fee is
                                                      4 See Securities Exchange Act Release Nos. 69315
                                                                                                            the annual Non-Display Use Declaration                  equitable and not unfairly
                                                    (Apr. 5, 2013), 78 FR 21668 (Apr. 11, 2013) (SR–        due by January 31st of each year
                                                    NYSEArca–2013–37) (‘‘2013 Non-Display Filing’’)
                                                                                                                                                                    discriminatory because it will apply to
                                                    and 73011 (Sept. 5, 2014), 79 FR 54315 (Sept. 11,       beginning in 2016, the Non-Display                      all data recipients that choose to
                                                    2014) (SR–NYSEArca–2014–93) (‘‘2014 Non-                Declaration Late Fee would apply to                     subscribe to the NYSE Arca BBO and
                                                    Display Filing’’).                                      data recipients that fail to complete and               NYSE Arca Trades feed.
                                                      5 The non-display fee structure established in the
                                                                                                            submit the annual Non-Display Use                          The Non-Display Declaration Late Fee
                                                    2013 Non-Display Filing replaced a monthly
                                                    reporting obligation with respect to non-display
                                                                                                            Declaration by the January 31st due                     is also consistent with similar pricing
                                                    devices with the requirement to submit the non-         date, and would apply beginning                         adopted in 2013 by the Consolidated
                                                    display use declaration. The Exchange also notes        February 1st and for each month                         Tape Association (‘‘CTA’’).10 The CTA
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                                                    that if a data recipient only subscribes to products    thereafter until the data recipient has                 imposes a monthly fee of $2,500 for
                                                    for which there are no non-display usage fees, e.g.,
                                                    NYSE Arca Realtime Reference Prices, then no
                                                                                                            completed and submitted the annual
                                                    declaration is required.                                Non-Display Use Declaration.7 A Non-                    above, so the text in endnote 2 to the Fee Schedule
                                                      6 The current form of the Non-Display Use                                                                     is not new. See SR–NYSEArca–2015–34.
                                                                                                                                                                       8 15 U.S.C. 78f(b).
                                                    Declaration reflected the changes to the non-display      7 The Exchange has established the Non-Display
                                                                                                                                                                       9 15 U.S.C. 78f(b)(4), (5).
                                                    fees set forth in the 2014 Non-Display Filing and       Declaration Late Fee with respect to NYSE Arca
                                                    replaced the NYSE Euronext Non-Display Use              Integrated Feed and in that filing adopted the text        10 See Securities Exchange Act Release No. 70010

                                                    Declaration established in connection with the 2013     in endnote 2, which specifies the effective dates for   (July 19, 2013), 78 FR 44984 (July 25, 2013) (SR–
                                                    Non-Display Filing.                                     the Non-Display Declaration Late Fee as described       CTA/CQ–2013–04).



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                                                                                 Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Notices                                                    27373

                                                    each of Network A and Network B for                     19(b)(3)(A) 11 of the Act and                          available for Web site viewing and
                                                    firms that fail to comply with their                    subparagraph (f)(2) of Rule 19b–4 12                   printing in the Commission’s Public
                                                    reporting obligations in a timely                       thereunder, because it establishes a due,              Reference Room, 100 F Street NE.,
                                                    manner.                                                 fee, or other charge imposed by the                    Washington, DC 20549, on official
                                                                                                            Exchange.                                              business days between the hours of
                                                    B. Self-Regulatory Organization’s                          At any time within 60 days of the                   10:00 a.m. and 3:00 p.m. Copies of the
                                                    Statement on Burden on Competition                      filing of such proposed rule change, the               filing will also be available for
                                                       The Exchange does not believe that                   Commission summarily may                               inspection and copying at the NYSE’s
                                                    the proposed rule change will impose                    temporarily suspend such rule change if                principal office and on its Internet Web
                                                    any burden on competition that is not                   it appears to the Commission that such                 site at www.nyse.com. All comments
                                                    necessary or appropriate in furtherance                 action is necessary or appropriate in the              received will be posted without change;
                                                    of the purposes of the Act. An                          public interest, for the protection of                 the Commission does not edit personal
                                                    exchange’s ability to price its                         investors, or otherwise in furtherance of              identifying information from
                                                    proprietary market data feed products is                the purposes of the Act. If the                        submissions. You should submit only
                                                    constrained by actual competition for                   Commission takes such action, the                      information that you wish to make
                                                    the sale of proprietary market data                     Commission shall institute proceedings                 available publicly. All submissions
                                                    products, the joint product nature of                   under Section 19(b)(2)(B) 13 of the Act to             should refer to File Number SR–
                                                    exchange platforms, and the existence of                determine whether the proposed rule                    NYSEARCA–2015–36, and should be
                                                    alternatives to the Exchange’s                          change should be approved or                           submitted on or before June 3, 2015.
                                                    proprietary data. In addition to being                  disapproved.                                             For the Commission, by the Division of
                                                    able to choose which proprietary data                                                                          Trading and Markets, pursuant to delegated
                                                    products (if any) to use and how to use                 IV. Solicitation of Comments
                                                                                                                                                                   authority.14
                                                    them, a user can avoid the late fees that                 Interested persons are invited to                    Robert W. Errett,
                                                    are the subject of this filing entirely by              submit written data, views, and                        Deputy Secretary.
                                                    simply complying with the requisite                     arguments concerning the foregoing,                    [FR Doc. 2015–11491 Filed 5–12–15; 8:45 am]
                                                    deadlines.                                              including whether the proposed rule
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                       In setting the proposed fees, the                    change is consistent with the Act.
                                                    Exchange considered the                                 Comments may be submitted by any of
                                                    competitiveness of the market for                       the following methods:                                 SECURITIES AND EXCHANGE
                                                    proprietary data and all of the                                                                                COMMISSION
                                                    implications of that competition. The                   Electronic Comments
                                                    Exchange believes that it has considered                   • Use the Commission’s Internet                     [Release No. 34–74896; File No. SR–ISE–
                                                    all relevant factors and has not                        comment form (http://www.sec.gov/                      2015–18]
                                                    considered irrelevant factors in order to               rules/sro.shtml); or
                                                                                                               • Send an email to rule-comments@                   Self-Regulatory Organizations;
                                                    establish fair, reasonable, and not
                                                                                                            sec.gov. Please include File Number SR–                International Securities Exchange,
                                                    unreasonably discriminatory fees and an
                                                                                                            NYSEARCA–2015–36 on the subject                        LLC; Notice of Filing and Immediate
                                                    equitable allocation of fees among all
                                                                                                            line.                                                  Effectiveness of Proposed Rule
                                                    users. The existence of fierce
                                                                                                                                                                   Change Related to the Nullification and
                                                    competition to sell proprietary data                    Paper Comments                                         Adjustment of Options Transactions
                                                    products and for order flow, as well as
                                                    numerous alternatives to the Exchange’s                    • Send paper comments in triplicate                 Including Obvious Errors
                                                    products, including proprietary data                    to Secretary, Securities and Exchange                  May 7, 2015.
                                                    from other sources, ensures that the                    Commission, 100 F Street NE.,                             Pursuant to section 19(b)(1) of the
                                                    Exchange cannot set unreasonable fees,                  Washington, DC 20549–1090.                             Securities Exchange Act of 1934 (the
                                                    or fees that are unreasonably                           All submissions should refer to File                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    discriminatory, when vendors and                        Number SR–NYSEARCA–2015–36. This                       notice is hereby given that, on May 6,
                                                    subscribers can elect these alternatives                file number should be included on the                  2015 the International Securities
                                                    or choose not to purchase a specific                    subject line if email is used.                         Exchange, LLC (the ‘‘Exchange’’ or the
                                                    proprietary data product if the attendant                  To help the Commission process and                  ‘‘ISE’’) filed with the Securities and
                                                    fees are not justified by the returns that              review your comments more efficiently,                 Exchange Commission the proposed
                                                    any particular vendor or data recipient                 please use only one method. The                        rule change, as described in Items I and
                                                    would achieve through the purchase                      Commission will post all comments on                   II below, which items have been
                                                    (the returns on use being a particularly                the Commission’s Internet Web site                     prepared by the self-regulatory
                                                    important aspect of non-display uses of                 (http://www.sec.gov/rules/sro.shtml).                  organization. The Commission is
                                                    proprietary data).                                      Copies of the submission, all subsequent               publishing this notice to solicit
                                                                                                            amendments, all written statements                     comments on the proposed rule change
                                                    C. Self-Regulatory Organization’s                       with respect to the proposed rule
                                                    Statement on Comments on the                                                                                   from interested persons.
                                                                                                            change that are filed with the
                                                    Proposed Rule Change Received From                      Commission, and all written                            I. Self-Regulatory Organization’s
                                                    Members, Participants, or Others                        communications relating to the                         Statement of the Terms of Substance of
                                                                                                                                                                   the Proposed Rule Change
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                                                      No written comments were solicited                    proposed rule change between the
                                                    or received with respect to the proposed                Commission and any person, other than                     The ISE proposes to amend current
                                                    rule change.                                            those that may be withheld from the                    Rule 720 (‘‘Current Rule’’), and rename
                                                    III. Date of Effectiveness of the                       public in accordance with the                          it ‘‘Nullification and Adjustment of
                                                    Proposed Rule Change and Timing for                     provisions of 5 U.S.C. 552, will be                    Options Transactions including Obvious
                                                    Commission Action                                        11 15 U.S.C. 78s(b)(3)(A).                              14 17 CFR 200.30–3(a)(12).
                                                       The foregoing rule change is effective                12 17 CFR 240.19b–4(f)(2).                              1 15 U.S.C. 78s(b)(1).
                                                    upon filing pursuant to Section                          13 15 U.S.C. 78s(b)(2)(B).                              2 17 CFR 240.19b–4.




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Document Created: 2015-12-16 07:46:56
Document Modified: 2015-12-16 07:46:56
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 27371 

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