80_FR_57592 80 FR 57408 - Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE MKT LLC; Order Instituting Proceedings To Determine Whether To Disapprove the Proposed Rule Changes Amending the NYSE Trades Market Data and NYSE MKT Trades Market Data Product Offerings

80 FR 57408 - Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE MKT LLC; Order Instituting Proceedings To Determine Whether To Disapprove the Proposed Rule Changes Amending the NYSE Trades Market Data and NYSE MKT Trades Market Data Product Offerings

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 184 (September 23, 2015)

Page Range57408-57410
FR Document2015-24061

Federal Register, Volume 80 Issue 184 (Wednesday, September 23, 2015)
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57408-57410]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24061]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75937; File Nos. SR-NYSE-2015-31; SR-NYSEMKT-2015-56]


Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE 
MKT LLC; Order Instituting Proceedings To Determine Whether To 
Disapprove the Proposed Rule Changes Amending the NYSE Trades Market 
Data and NYSE MKT Trades Market Data Product Offerings

September 17, 2015.

I. Introduction

    On July 16, 2015, New York Stock Exchange LLC (``NYSE'') and NYSE 
MKT LLC (``NYSE MKT'') (collectively, the ``Exchanges'') separately 
filed with the Securities and Exchange Commission (``Commission''), 
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ proposed rule changes to 
amend, respectively, the NYSE Trades market data product offering and 
the NYSE MKT Trades market data product offering. The proposed rule 
changes were published for comment in the Federal Register on August 5, 
2015.\3\ The Commission has received two comments on the proposals.\4\ 
This order institutes proceedings under Section 19(b)(2)(B) of the Act 
\5\ to determine whether to disapprove the proposed rule changes.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release Nos. 75556 (July 30, 
2015), 80 FR 46628 (SR-NYSE-2015-31) and 75559 (July 30, 2015), 80 
FR 46642 (SR-NYSEMKT-2015-56) (``Notices'').
    \4\ See Letter from Eric S. Hunsader, Nanex, LLC, dated August 
14, 2015 (``Nanex Letter''); Letter from John Ramsay, Chief Market 
Policy Officer, IEX Group, Inc., to Brent J. Fields, Secretary, 
Commission, dated August 20, 2015 (``IEX Letter'').
    \5\ 15 U.S.C. 78s(b)(2)(B).
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II. Description of the Proposals

    NYSE and NYSE MKT propose to modify the data content of their 
respective proprietary market data feeds: NYSE Trades and NYSE MKT 
Trades (collectively, the ``Trades Feeds'').\6\
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    \6\ NYSE Trades is an NYSE-only last-sale market data feed and 
NYSE MKT Trades is a NYSE MKT-only last-sale market data feed.
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    The Trades Feeds currently provides subscribers and users on a 
real-time basis with the same last-sale information that each Exchange 
reports to the Consolidated Tape Association (``CTA'') for inclusion in 
the CTA Plan's consolidated data streams. Specifically, each Exchange's 
Trades Feeds includes, for each security traded on that Exchange, the 
real-time last-sale price, time and size information, bid/ask 
quotations, and a stock summary message. The stock summary message 
updates every minute and includes the offering Exchange's opening 
price, high price, low price, closing price, and cumulative volume for 
the security.\7\
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    \7\ See Securities Exchange Act Release Nos. 62187 (May 27, 
2010), 75 FR 31500 (June 3, 2010) (SR-NYSEAmex-2010-35), 70065 (July 
30, 2013), 78 FR 47450 (Aug. 5, 2013) (SR-NYSEMKT-2013-64) and 69273 
(April 2, 2013), 78 FR 20969 (April 8, 2013) (SR-NYSEMKT-2013-30).
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    Each Exchange currently reports to the CTA and distributes on a 
real-time basis via the Trades Feeds its market's last-sale information 
based on the completed execution of an arriving order. For example, 
currently, if an arriving order of 1,000 shares trades with five 
resting orders of 200 shares on NYSE, NYSE would bundle the executions 
and report a single completed trade of 1,000 shares both to the CTA and 
through NYSE Trades. NYSE MKT Trades operates in the same way.
    Each Exchange now proposes to distribute its last-sale information 
on its respective Trades Feed in a different manner than it distributes 
last-sale information to the CTA. Each Exchange would continue to 
distribute last-sale information to the CTA as described above, but 
last-sale information distributed via the Exchange's Trades Feed would 
be based on the individual resting orders that are executed in the 
total completed trade and would not be bundled for reporting purposes. 
In the example above, NYSE would distribute via NYSE Trades the real-
time NYSE last-sale information of five executions of 200 shares 
each,\8\ but would report to CTA a single completed trade of 1,000 
shares.
---------------------------------------------------------------------------

    \8\ Each Exchange has proposed that the five transactions in 
such an example would have the same time stamp.
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    The Exchanges have represented that they would continue to make 
their last-sale information available through their Trades Feeds 
immediately after providing the last-sale information to the processor 
under the CTA Plan. The Exchanges have argued that reporting last-sale 
information in an unbundled format, based on execution of the 
individual resting orders, rather than in an bundled format based on 
the completed execution of an incoming order would remove impediments 
to and perfect the mechanism of a free and open market by providing 
more granular trade information to vendors and subscribers who desire 
it, thus promoting competition and innovation.
    Each Exchanges has also proposed to remove the bid/ask data from 
its Trades Feed. Each Exchange currently has a data feed--the NYSE BBO 
data feed and the NYSE MKT BBO data feed--that includes the same bid/
ask data currently included in the Exchange's Trades Feed, and each 
Exchange has represented that its respective BBO feed would continue to 
include the best bids and offers for all securities that are traded on 
its facilities and for which it reports quotes to the Consolidated 
Quotation Association (``CQA'') under the Consolidated Quotation 
(``CQ'') Plan for inclusion in the CQ Plan's consolidated quotation 
information data stream.\9\ Each Exchange has stated that removing the 
bid/ask data from its Trades Feeds would streamline its products and 
would align them with last-sale data feeds offered by other exchanges 
that offer last-sale data products, which do not include bid and offer 
information.\10\
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    \9\ See, e.g., Securities Exchange Act Release No. 72326 (June 
5, 2014), 79 FR 33605 (June 11, 2014) (SR-NYSEMKT-2014-49).
    \10\ As examples, the Exchanges cited to the last-sale data 
products offered by The Nasdaq Stock Market, LLC and BATS, Inc. See 
NASDAQ Rule 7039 (Nasdaq Last Sale) and BATS Rule 11.22(g) (BATS 
Last Sale).
---------------------------------------------------------------------------

    Each Exchange has stated that it expects to offer both the current 
Trades Feed and the proposed Trades Feed for a limited transition 
period, after which it would stop offering the current Trades Feed and 
offer only the Trades Feed proposed in its filing. Each Exchange has 
stated that it would announce the transition dates in advance. Each 
Exchange has also stated that there would be no change to the fees for 
the Trades Feed in connection with the proposed changes.

III. Comment Letters

    The Commission has received two comment letters on the 
proposals.\11\ Both commenters are opposed to the proposals. The 
commenters note that the NYSE and its affiliated exchanges are the only 
national securities exchanges that report their last-sale information 
to the securities information processor (``SIP'') in a

[[Page 57409]]

bundled format and that all the other national securities exchanges 
report the last-sale information for each individual trade to the SIP.
---------------------------------------------------------------------------

    \11\ See supra note 4.
---------------------------------------------------------------------------

    Both commenters argue that the proposals would be contrary to 
Regulation NMS. One commenter states that the proposals go against a 
core principle of Regulation NMS, namely, the prohibition of providing 
core data in a private feed before it sends it to the SIP. The 
commenter states that, in this case, the delay is not a few 
microseconds, but rather forever.\12\ The commenter also notes that the 
proposals put investors in the position of having to subscribe to the 
Exchanges' feeds to get the very same data that every other non-NYSE- 
affiliated exchange already sends to the SIP, which the commenter 
contends is a ``preposterous proposition.'' \13\
---------------------------------------------------------------------------

    \12\ See Nanex Letter.
    \13\ Id.
---------------------------------------------------------------------------

    The other commenter believes that the proposals would be 
unreasonably discriminatory in the dissemination of market data in 
violation of Rule 603(a)(2).\14\ This commenter states that exchanges 
should not be allowed to provide an inferior view of core market data 
to the general public, compared to an enhanced view offered to 
subscribers who are willing to pay a premium for it, where the enhanced 
view could be provided through CTA or another SIP. The commenter notes 
that the Exchanges are the exclusive source of the individual trade 
data and that no one else can compete in the delivery of that specific 
information. The commenter states that preventing investors and market 
participants from receiving consolidated trade data that accurately 
reflects the sequence and size of individual transactions unless they 
pay a premium necessarily discriminates in the dissemination of data 
that the Commission has found to be a keystone element of the national 
market system. The commenter argues that, in terms of advancing 
national market system goals, the result of the proposals would be no 
more ``fair and reasonable,'' and no less ``unreasonably 
discriminatory,'' than the practices providing timeliness advantages to 
proprietary data over consolidated data that the Commission has found 
to violate regulatory standards.\15\ The commenter also contends that, 
while the Exchanges have stated that the proposals are a means to 
disseminate the same trade information but with more granularity with 
regards to the individual trades, such granularity is only of 
additional value because of the Exchanges' peculiar practice of 
aggregating the trade information for the CTA.
---------------------------------------------------------------------------

    \14\ See IEX Letter at 5.
    \15\ See IEX Letter at 6.
---------------------------------------------------------------------------

    Both commenters also argue that the Exchanges' current practice of 
sending bundled transaction information to the SIP has presented some 
problems and that the Exchanges should report each individual trade to 
the SIP. One commenter states the bundled transaction information has 
presented problems in the course of investigating questionable 
trades.\16\ The other commenter states reporting the individual trade 
information to the SIP would provide market participants the 
transparency they need to easily identify, based on price, size, and 
time stamp data, and circumstances where a large incoming order is able 
to match with multiple resting orders.\17\
---------------------------------------------------------------------------

    \16\ See Nanex Letter.
    \17\ See IEX Letter at 4.
---------------------------------------------------------------------------

IV. Proceedings To Determine Whether To Disapprove SR-NYSE-2015-31 and 
NYSEMKT-2015-56 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section 
19(b)(2)(B) of the Act \18\ to determine whether the proposals should 
be disapproved. Institution of such proceedings is appropriate at this 
time in view of the legal and policy issues raised by the proposals. 
Institution of disapproval proceedings does not indicate that the 
Commission has reached any conclusions with respect to any of the 
issues involved. Rather, as described in greater detail below, the 
Commission seeks and encourages interested persons to provide 
additional comment on the proposals.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B),\19\ the Commission is providing 
notice of the grounds for disapproval under consideration. The 
Exchanges' proposals, if approved, would allow a national securities 
exchange to offer different last-sale information through its 
proprietary market data products than it reports to the CTA.\20\ Under 
Regulation NMS, last-sale transaction information is considered ``core 
data.'' All broker-dealers are required to purchase core data from the 
SIPs,\21\ and all of the national securities exchanges share in the 
revenues received from the sale of this data. Regulation NMS permits 
the national securities exchanges to provide the same core data that is 
reported to the SIP on their own data feeds, subject to the condition 
that such data be provided on terms that are fair and reasonable and 
not unreasonably discriminatory. The Commission believes that 
permitting exchanges to provide different information about trade 
executions through their own proprietary feeds than they report to the 
SIP presents a novel issue that implicates the Regulation NMS 
requirements regarding ``core data'' and warrants further 
consideration.
---------------------------------------------------------------------------

    \19\ See id.
    \20\ The CTA is the SIP for last-sale transaction information 
for equities trades from all national securities exchanges, and, 
under CTA Plan, collects and distributes this last-sale transaction 
information. The CQA is the SIP for best bid and offer quotation 
information for equities quoted on all national securities 
exchanges, and, under CQ Plan, collects and distributes this last-
sale transaction information.
    \21\ See Exchange Act Rule 603(c)(1).
---------------------------------------------------------------------------

    Accordingly, the Commission is instituting proceedings to allow for 
additional analysis of, and input from commenters with respect to, the 
proposed rule change's consistency with Section 6(b)(5) of the Act, 
Section 11A of the Act, and Rule 603(a) of Regulation NMS. Section 
6(b)(5) provides that the rules of an exchange must be designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to remove impediments to and perfect 
the mechanism of a free and open market system, and in general to 
protect investors and the public interest. Section 11A prohibits a 
self-regulatory organization from collecting, processing, distributing, 
publishing, or preparing for distribution any information with respect 
to quotations for or transactions in any security other than an 
exempted security, in contravention of such rules and regulations that 
the Commission shall prescribe furtherance of the purposes of this 
title to, among other things, assure the prompt, accurate, reliable, 
and fair collection, processing, distribution, and publication of 
information with respect to quotations for and transactions in such 
securities and the fairness and usefulness of the form and content of 
such information and assure that all securities information processors 
may, for purposes of distribution and publication, obtain on fair and 
reasonable terms such information with respect to quotations for and 
transactions in such securities as is collected, processed, or prepared 
for distribution or publication by any exclusive processor of such 
information acting in such capacity. Rule 603(a) provides that any 
exclusive processor that distributes information with respect to 
quotations or transactions in an NMS stock to a securities information 
processor do so on terms that are fair

[[Page 57410]]

and reasonable and any national securities exchange that distributes 
such information do so on terms that are not unreasonably 
discriminatory.

V. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written 
submissions of their views, data, and arguments with respect to the 
concerns identified above or any others they may have with the proposed 
rule changes. In particular, the Commission invites the written views 
of interested persons concerning whether the proposed rule changes are 
inconsistent with Sections 11A and 6(b)(5) of the Act or any other 
provision of the Act, and Rule 603 thereunder or any other rules and 
regulation thereunder. Although there do not appear to be any issues 
relevant to approval or disapproval which would be facilitated by an 
oral presentation of views, data, and arguments, the Commission will 
consider, pursuant to Rule 19b-4, any request for an opportunity to 
make an oral presentation.\22\
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    \22\ Section 19(b)(2) of the Act, as amended by the Securities 
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the 
Commission flexibility to determine what type of proceeding--either 
oral or notice and opportunity for written comments--is appropriate 
for consideration of a particular proposal by a self-regulatory 
organization. See Securities Act Amendments of 1975, Senate Comm. on 
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st 
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and 
arguments regarding whether the proposed rule changes should be 
approved or disapproved by October 14, 2015. Any person who wishes to 
file a rebuttal to any other person's submission must file that 
rebuttal by October 28, 2015.
    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 Numbers SR-NYSE-2015-31 or NYSEMKT-2015-56 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 Numbers SR-NYSE-2015-31, NYSEMKT-
2015-56, or both. These file numbers 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 changes 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. 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 publicly available. All 
submissions should refer to File Numbers SR-NYSE-2015-31, NYSEMKT-2015-
56, or both and should be submitted on or before October 14, 2015. 
Rebuttal comments should be submitted by October 28, 2015.
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    \23\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
Brent J. Fields,
Secretary.
[FR Doc. 2015-24061 Filed 9-22-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  57408                    Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices

                                                  2015–49 and should be submitted by                      Trades (collectively, the ‘‘Trades                    Exchanges have argued that reporting
                                                  October 14, 2015. Rebuttal comments                     Feeds’’).6                                            last-sale information in an unbundled
                                                  should be submitted by October 28,                         The Trades Feeds currently provides                format, based on execution of the
                                                  2015.                                                   subscribers and users on a real-time                  individual resting orders, rather than in
                                                    For the Commission, by the Division of                basis with the same last-sale                         an bundled format based on the
                                                  Trading and Markets, pursuant to delegated              information that each Exchange reports                completed execution of an incoming
                                                  authority.24                                            to the Consolidated Tape Association                  order would remove impediments to
                                                  Brent J. Fields,                                        (‘‘CTA’’) for inclusion in the CTA Plan’s             and perfect the mechanism of a free and
                                                  Secretary.                                              consolidated data streams. Specifically,              open market by providing more granular
                                                  [FR Doc. 2015–24062 Filed 9–22–15; 8:45 am]
                                                                                                          each Exchange’s Trades Feeds includes,                trade information to vendors and
                                                                                                          for each security traded on that                      subscribers who desire it, thus
                                                  BILLING CODE 8011–01–P
                                                                                                          Exchange, the real-time last-sale price,              promoting competition and innovation.
                                                                                                          time and size information, bid/ask                       Each Exchanges has also proposed to
                                                  SECURITIES AND EXCHANGE                                 quotations, and a stock summary                       remove the bid/ask data from its Trades
                                                  COMMISSION                                              message. The stock summary message                    Feed. Each Exchange currently has a
                                                                                                          updates every minute and includes the                 data feed—the NYSE BBO data feed and
                                                  [Release No. 34–75937; File Nos. SR–NYSE–               offering Exchange’s opening price, high               the NYSE MKT BBO data feed—that
                                                  2015–31; SR–NYSEMKT–2015–56]                            price, low price, closing price, and                  includes the same bid/ask data currently
                                                                                                          cumulative volume for the security.7                  included in the Exchange’s Trades Feed,
                                                  Self-Regulatory Organizations; New                         Each Exchange currently reports to
                                                  York Stock Exchange LLC; NYSE MKT                                                                             and each Exchange has represented that
                                                                                                          the CTA and distributes on a real-time                its respective BBO feed would continue
                                                  LLC; Order Instituting Proceedings To                   basis via the Trades Feeds its market’s
                                                  Determine Whether To Disapprove the                                                                           to include the best bids and offers for all
                                                                                                          last-sale information based on the                    securities that are traded on its facilities
                                                  Proposed Rule Changes Amending the                      completed execution of an arriving
                                                  NYSE Trades Market Data and NYSE                                                                              and for which it reports quotes to the
                                                                                                          order. For example, currently, if an                  Consolidated Quotation Association
                                                  MKT Trades Market Data Product                          arriving order of 1,000 shares trades
                                                  Offerings                                                                                                     (‘‘CQA’’) under the Consolidated
                                                                                                          with five resting orders of 200 shares on             Quotation (‘‘CQ’’) Plan for inclusion in
                                                  September 17, 2015.                                     NYSE, NYSE would bundle the                           the CQ Plan’s consolidated quotation
                                                                                                          executions and report a single                        information data stream.9 Each
                                                  I. Introduction                                         completed trade of 1,000 shares both to               Exchange has stated that removing the
                                                     On July 16, 2015, New York Stock                     the CTA and through NYSE Trades.                      bid/ask data from its Trades Feeds
                                                  Exchange LLC (‘‘NYSE’’) and NYSE                        NYSE MKT Trades operates in the same                  would streamline its products and
                                                  MKT LLC (‘‘NYSE MKT’’) (collectively,                   way.                                                  would align them with last-sale data
                                                  the ‘‘Exchanges’’) separately filed with                   Each Exchange now proposes to
                                                                                                                                                                feeds offered by other exchanges that
                                                  the Securities and Exchange                             distribute its last-sale information on its
                                                                                                                                                                offer last-sale data products, which do
                                                  Commission (‘‘Commission’’), pursuant                   respective Trades Feed in a different
                                                                                                                                                                not include bid and offer information.10
                                                  to Section 19(b)(1) of the Securities                   manner than it distributes last-sale                     Each Exchange has stated that it
                                                  Exchange Act of 1934 (‘‘Act’’) 1 and Rule               information to the CTA. Each Exchange                 expects to offer both the current Trades
                                                  19b–4 thereunder,2 proposed rule                        would continue to distribute last-sale                Feed and the proposed Trades Feed for
                                                  changes to amend, respectively, the                     information to the CTA as described                   a limited transition period, after which
                                                  NYSE Trades market data product                         above, but last-sale information                      it would stop offering the current Trades
                                                  offering and the NYSE MKT Trades                        distributed via the Exchange’s Trades
                                                                                                                                                                Feed and offer only the Trades Feed
                                                  market data product offering. The                       Feed would be based on the individual
                                                                                                                                                                proposed in its filing. Each Exchange
                                                  proposed rule changes were published                    resting orders that are executed in the
                                                                                                                                                                has stated that it would announce the
                                                  for comment in the Federal Register on                  total completed trade and would not be
                                                                                                                                                                transition dates in advance. Each
                                                  August 5, 2015.3 The Commission has                     bundled for reporting purposes. In the
                                                                                                                                                                Exchange has also stated that there
                                                  received two comments on the                            example above, NYSE would distribute
                                                                                                                                                                would be no change to the fees for the
                                                  proposals.4 This order institutes                       via NYSE Trades the real-time NYSE
                                                                                                                                                                Trades Feed in connection with the
                                                  proceedings under Section 19(b)(2)(B) of                last-sale information of five executions
                                                                                                                                                                proposed changes.
                                                  the Act 5 to determine whether to                       of 200 shares each,8 but would report to
                                                  disapprove the proposed rule changes.                   CTA a single completed trade of 1,000                 III. Comment Letters
                                                                                                          shares.                                                  The Commission has received two
                                                  II. Description of the Proposals                           The Exchanges have represented that                comment letters on the proposals.11
                                                     NYSE and NYSE MKT propose to                         they would continue to make their last-               Both commenters are opposed to the
                                                  modify the data content of their                        sale information available through their              proposals. The commenters note that
                                                  respective proprietary market data                      Trades Feeds immediately after                        the NYSE and its affiliated exchanges
                                                  feeds: NYSE Trades and NYSE MKT                         providing the last-sale information to                are the only national securities
                                                                                                          the processor under the CTA Plan. The                 exchanges that report their last-sale
                                                    24 17  CFR 200.30–3(a)(57).
                                                    1 15  U.S.C. 78s(b)(1).                                  6 NYSE Trades is an NYSE-only last-sale market
                                                                                                                                                                information to the securities
                                                     2 17 CFR 240.19b–4.
                                                                                                          data feed and NYSE MKT Trades is a NYSE MKT-          information processor (‘‘SIP’’) in a
                                                     3 See Securities Exchange Act Release Nos. 75556     only last-sale market data feed.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  (July 30, 2015), 80 FR 46628 (SR–NYSE–2015–31)             7 See Securities Exchange Act Release Nos. 62187     9 See, e.g., Securities Exchange Act Release No.

                                                  and 75559 (July 30, 2015), 80 FR 46642 (SR–             (May 27, 2010), 75 FR 31500 (June 3, 2010) (SR–       72326 (June 5, 2014), 79 FR 33605 (June 11, 2014)
                                                  NYSEMKT–2015–56) (‘‘Notices’’).                         NYSEAmex–2010–35), 70065 (July 30, 2013), 78 FR       (SR–NYSEMKT–2014–49).
                                                     4 See Letter from Eric S. Hunsader, Nanex, LLC,      47450 (Aug. 5, 2013) (SR–NYSEMKT–2013–64) and           10 As examples, the Exchanges cited to the last-

                                                  dated August 14, 2015 (‘‘Nanex Letter’’); Letter from   69273 (April 2, 2013), 78 FR 20969 (April 8, 2013)    sale data products offered by The Nasdaq Stock
                                                  John Ramsay, Chief Market Policy Officer, IEX           (SR–NYSEMKT–2013–30).                                 Market, LLC and BATS, Inc. See NASDAQ Rule
                                                  Group, Inc., to Brent J. Fields, Secretary,                8 Each Exchange has proposed that the five         7039 (Nasdaq Last Sale) and BATS Rule 11.22(g)
                                                  Commission, dated August 20, 2015 (‘‘IEX Letter’’).     transactions in such an example would have the        (BATS Last Sale).
                                                     5 15 U.S.C. 78s(b)(2)(B).                            same time stamp.                                        11 See supra note 4.




                                             VerDate Sep<11>2014   18:00 Sep 22, 2015   Jkt 235001   PO 00000   Frm 00077   Fmt 4703   Sfmt 4703   E:\FR\FM\23SEN1.SGM   23SEN1


                                                                                Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices                                        57409

                                                  bundled format and that all the other                      only of additional value because of the               all of the national securities exchanges
                                                  national securities exchanges report the                   Exchanges’ peculiar practice of                       share in the revenues received from the
                                                  last-sale information for each individual                  aggregating the trade information for the             sale of this data. Regulation NMS
                                                  trade to the SIP.                                          CTA.                                                  permits the national securities
                                                     Both commenters argue that the                             Both commenters also argue that the                exchanges to provide the same core data
                                                  proposals would be contrary to                             Exchanges’ current practice of sending                that is reported to the SIP on their own
                                                  Regulation NMS. One commenter states                       bundled transaction information to the                data feeds, subject to the condition that
                                                  that the proposals go against a core                       SIP has presented some problems and                   such data be provided on terms that are
                                                  principle of Regulation NMS, namely,                       that the Exchanges should report each                 fair and reasonable and not
                                                  the prohibition of providing core data in                  individual trade to the SIP. One                      unreasonably discriminatory. The
                                                  a private feed before it sends it to the                   commenter states the bundled                          Commission believes that permitting
                                                  SIP. The commenter states that, in this                    transaction information has presented                 exchanges to provide different
                                                  case, the delay is not a few                               problems in the course of investigating               information about trade executions
                                                  microseconds, but rather forever.12 The                    questionable trades.16 The other                      through their own proprietary feeds
                                                  commenter also notes that the proposals                    commenter states reporting the                        than they report to the SIP presents a
                                                  put investors in the position of having                    individual trade information to the SIP               novel issue that implicates the
                                                  to subscribe to the Exchanges’ feeds to                    would provide market participants the                 Regulation NMS requirements regarding
                                                  get the very same data that every other                    transparency they need to easily                      ‘‘core data’’ and warrants further
                                                  non-NYSE- affiliated exchange already                      identify, based on price, size, and time              consideration.
                                                  sends to the SIP, which the commenter                      stamp data, and circumstances where a
                                                                                                                                                                      Accordingly, the Commission is
                                                  contends is a ‘‘preposterous                               large incoming order is able to match
                                                                                                                                                                   instituting proceedings to allow for
                                                  proposition.’’ 13                                          with multiple resting orders.17
                                                     The other commenter believes that the                                                                         additional analysis of, and input from
                                                  proposals would be unreasonably                            IV. Proceedings To Determine Whether                  commenters with respect to, the
                                                  discriminatory in the dissemination of                     To Disapprove SR–NYSE–2015–31 and                     proposed rule change’s consistency with
                                                  market data in violation of Rule                           NYSEMKT–2015–56 and Grounds for                       Section 6(b)(5) of the Act, Section 11A
                                                  603(a)(2).14 This commenter states that                    Disapproval Under Consideration                       of the Act, and Rule 603(a) of Regulation
                                                  exchanges should not be allowed to                            The Commission is instituting                      NMS. Section 6(b)(5) provides that the
                                                  provide an inferior view of core market                    proceedings pursuant to Section                       rules of an exchange must be designed
                                                  data to the general public, compared to                    19(b)(2)(B) of the Act 18 to determine                to prevent fraudulent and manipulative
                                                  an enhanced view offered to subscribers                    whether the proposals should be                       acts and practices, to promote just and
                                                  who are willing to pay a premium for                       disapproved. Institution of such                      equitable principles of trade, to remove
                                                  it, where the enhanced view could be                       proceedings is appropriate at this time               impediments to and perfect the
                                                  provided through CTA or another SIP.                       in view of the legal and policy issues                mechanism of a free and open market
                                                  The commenter notes that the                               raised by the proposals. Institution of               system, and in general to protect
                                                  Exchanges are the exclusive source of                      disapproval proceedings does not                      investors and the public interest.
                                                  the individual trade data and that no                      indicate that the Commission has                      Section 11A prohibits a self-regulatory
                                                  one else can compete in the delivery of                    reached any conclusions with respect to               organization from collecting, processing,
                                                  that specific information. The                             any of the issues involved. Rather, as                distributing, publishing, or preparing for
                                                  commenter states that preventing                           described in greater detail below, the                distribution any information with
                                                  investors and market participants from                     Commission seeks and encourages                       respect to quotations for or transactions
                                                  receiving consolidated trade data that                     interested persons to provide additional              in any security other than an exempted
                                                  accurately reflects the sequence and size                  comment on the proposals.                             security, in contravention of such rules
                                                  of individual transactions unless they                        Pursuant to Section 19(b)(2)(B),19 the             and regulations that the Commission
                                                  pay a premium necessarily                                  Commission is providing notice of the                 shall prescribe furtherance of the
                                                  discriminates in the dissemination of                      grounds for disapproval under                         purposes of this title to, among other
                                                  data that the Commission has found to                      consideration. The Exchanges’                         things, assure the prompt, accurate,
                                                  be a keystone element of the national                      proposals, if approved, would allow a                 reliable, and fair collection, processing,
                                                  market system. The commenter argues                        national securities exchange to offer                 distribution, and publication of
                                                  that, in terms of advancing national                       different last-sale information through               information with respect to quotations
                                                  market system goals, the result of the                     its proprietary market data products                  for and transactions in such securities
                                                  proposals would be no more ‘‘fair and                      than it reports to the CTA.20 Under                   and the fairness and usefulness of the
                                                  reasonable,’’ and no less ‘‘unreasonably                   Regulation NMS, last-sale transaction                 form and content of such information
                                                  discriminatory,’’ than the practices                       information is considered ‘‘core data.’’              and assure that all securities
                                                  providing timeliness advantages to                         All broker-dealers are required to                    information processors may, for
                                                  proprietary data over consolidated data                    purchase core data from the SIPs,21 and               purposes of distribution and
                                                  that the Commission has found to                                                                                 publication, obtain on fair and
                                                  violate regulatory standards.15 The                          16 See  Nanex Letter.                               reasonable terms such information with
                                                  commenter also contends that, while the
                                                                                                               17 See  IEX Letter at 4.                            respect to quotations for and
                                                  Exchanges have stated that the
                                                                                                                18 15 U.S.C. 78s(b)(2)(B).
                                                                                                                                                                   transactions in such securities as is
                                                                                                                19 See id.
                                                  proposals are a means to disseminate                                                                             collected, processed, or prepared for
                                                                                                                20 The CTA is the SIP for last-sale transaction
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                                                  the same trade information but with                                                                              distribution or publication by any
                                                                                                             information for equities trades from all national
                                                  more granularity with regards to the                       securities exchanges, and, under CTA Plan, collects   exclusive processor of such information
                                                  individual trades, such granularity is                     and distributes this last-sale transaction            acting in such capacity. Rule 603(a)
                                                                                                             information. The CQA is the SIP for best bid and      provides that any exclusive processor
                                                                                                             offer quotation information for equities quoted on    that distributes information with respect
                                                    12 See   Nanex Letter.                                   all national securities exchanges, and, under CQ
                                                    13 Id.
                                                                                                             Plan, collects and distributes this last-sale         to quotations or transactions in an NMS
                                                    14 See   IEX Letter at 5.                                transaction information.                              stock to a securities information
                                                    15 See   IEX Letter at 6.                                   21 See Exchange Act Rule 603(c)(1).                processor do so on terms that are fair


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                                                  57410                    Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices

                                                  and reasonable and any national                         subject line if email is used. To help the             SECURITIES AND EXCHANGE
                                                  securities exchange that distributes such               Commission process and review your                     COMMISSION
                                                  information do so on terms that are not                 comments more efficiently, please use
                                                  unreasonably discriminatory.                            only one method. The Commission will                   [Release No. 34–75934; File No. SR–MSRB–
                                                  V. Procedure: Request for Written                       post all comments on the Commission’s                  2015–10]
                                                  Comments                                                Internet Web site (http://www.sec.gov/
                                                                                                          rules/sro.shtml). Copies of the                        Self-Regulatory Organizations;
                                                    The Commission requests that                                                                                 Municipal Securities Rulemaking
                                                                                                          submission, all subsequent
                                                  interested persons provide written                                                                             Board; Notice of Filing and Immediate
                                                                                                          amendments, all written statements
                                                  submissions of their views, data, and                                                                          Effectiveness of a Proposed Rule
                                                  arguments with respect to the concerns                  with respect to the proposed rule
                                                                                                          change that are filed with the                         Change To Revise the Effective Date of
                                                  identified above or any others they may                                                                        New Rule G–18, on Best Execution of
                                                  have with the proposed rule changes. In                 Commission, and all written
                                                                                                          communications relating to the                         Transactions in Municipal Securities,
                                                  particular, the Commission invites the                                                                         and Amendments to Rule G–48, on
                                                  written views of interested persons                     proposed rule changes between the
                                                                                                          Commission and any person, other than                  Transactions With Sophisticated
                                                  concerning whether the proposed rule                                                                           Municipal Market Professionals, and
                                                  changes are inconsistent with Sections                  those that may be withheld from the
                                                                                                                                                                 Rule D–15, on the Definition of
                                                  11A and 6(b)(5) of the Act or any other                 public in accordance with the
                                                                                                                                                                 Sophisticated Municipal Market
                                                  provision of the Act, and Rule 603                      provisions of 5 U.S.C. 552, will be
                                                                                                                                                                 Professional
                                                  thereunder or any other rules and                       available for Web site viewing and
                                                  regulation thereunder. Although there                   printing in the Commission’s Public                    September 17, 2015.
                                                  do not appear to be any issues relevant                 Reference Room, 100 F Street NE.,                         Pursuant to Section 19(b)(1) of the
                                                  to approval or disapproval which would                  Washington, DC 20549, on official                      Securities Exchange Act of 1934 (the
                                                  be facilitated by an oral presentation of               business days between the hours of                     ‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                  views, data, and arguments, the                         10:00 a.m. and 3:00 p.m. All comments                  notice is hereby given that on
                                                  Commission will consider, pursuant to                   received will be posted without change;                September 3, 2015, the Municipal
                                                  Rule 19b–4, any request for an                          the Commission does not edit personal                  Securities Rulemaking Board (the
                                                  opportunity to make an oral                             identifying information from                           ‘‘MSRB’’ or ‘‘Board’’) filed with the
                                                  presentation.22                                         submissions. You should submit only                    Securities and Exchange Commission
                                                    Interested persons are invited to                     information that you wish to make                      (‘‘Commission’’) the proposed rule
                                                  submit written data, views, and
                                                                                                          publicly available. All submissions                    change as described in Items I and II
                                                  arguments regarding whether the
                                                                                                          should refer to File Numbers SR–NYSE–                  below, which Items have been prepared
                                                  proposed rule changes should be
                                                                                                          2015–31, NYSEMKT–2015–56, or both                      by the MSRB. The Commission is
                                                  approved or disapproved by October 14,
                                                                                                          and should be submitted on or before                   publishing this notice to solicit
                                                  2015. Any person who wishes to file a
                                                                                                          October 14, 2015. Rebuttal comments                    comments on the proposed rule change
                                                  rebuttal to any other person’s
                                                                                                          should be submitted by October 28,                     from interested persons.
                                                  submission must file that rebuttal by
                                                  October 28, 2015.                                       2015.                                                  I. Self-Regulatory Organization’s
                                                    Comments may be submitted by any                        For the Commission, by the Division of               Statement of the Terms of Substance of
                                                  of the following methods:                               Trading and Markets, pursuant to delegated             the Proposed Rule Change
                                                  Electronic Comments                                     authority.23
                                                                                                          Brent J. Fields,
                                                                                                                                                                    The MSRB filed with the Commission
                                                    • Use the Commission’s Internet                                                                              a proposed rule change to revise the
                                                  comment form (http://www.sec.gov/                       Secretary.                                             effective date of new Rule G–18, on best
                                                  rules/sro.shtml); or                                    [FR Doc. 2015–24061 Filed 9–22–15; 8:45 am]            execution of transactions in municipal
                                                    • Send an email to rule-comments@                     BILLING CODE 8011–01–P                                 securities, and amendments to Rule G–
                                                  sec.gov. Please include File Numbers                                                                           48, on transactions with sophisticated
                                                  SR–NYSE–2015–31 or NYSEMKT–                                                                                    municipal market professionals
                                                  2015–56 on the subject line.                                                                                   (‘‘SMMPs’’), and Rule D–15, on the
                                                  Paper Comments                                                                                                 definition of SMMP (‘‘proposed rule
                                                                                                                                                                 change’’).3 The MSRB has designated
                                                    • Send paper comments in triplicate                                                                          the proposed rule change for immediate
                                                  to Secretary, Securities and Exchange                                                                          effectiveness. The new effective date of
                                                  Commission, 100 F Street NE.,                                                                                  Rule G–18 and the related amendments
                                                  Washington, DC 20549–1090.                                                                                     to Rules G–48 and D–15 (‘‘related
                                                  All submissions should refer to File                                                                           amendments’’) will be 120 days from
                                                  Numbers SR–NYSE–2015–31,                                                                                       the date of publication by the MSRB of
                                                  NYSEMKT–2015–56, or both. These file                                                                           implementation guidance on those
                                                  numbers should be included on the                                                                              rules, but no later than April 29, 2016.
                                                                                                                                                                 Upon publication of the implementation
                                                     22 Section 19(b)(2) of the Act, as amended by the

                                                  Securities Act Amendments of 1975, Public Law
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                                                                                                                                                                   1 15 U.S.C. 78s(b)(1).
                                                  94–29 (June 4, 1975), grants the Commission
                                                                                                                                                                   2 17 CFR 240.19b–4.
                                                  flexibility to determine what type of proceeding—
                                                  either oral or notice and opportunity for written                                                                 3 The Commission approved new Rule G–18 and

                                                  comments—is appropriate for consideration of a                                                                 amendments to Rule G–48 and Rule D–15 on
                                                  particular proposal by a self-regulatory                                                                       December 5, 2014, which were previously
                                                  organization. See Securities Act Amendments of                                                                 scheduled to become effective on December 7, 2015.
                                                  1975, Senate Comm. on Banking, Housing & Urban                                                                 See Exchange Act Release No. 73764 (Dec. 5, 2014),
                                                  Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30                                                              79 FR 73658 (Dec. 11, 2014) (SR–MSRB–2014–07)
                                                  (1975).                                                   23 17   CFR 200.30–3(a)(57).                         (‘‘SEC Approval Order’’).



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Document Created: 2015-12-15 09:45:21
Document Modified: 2015-12-15 09:45:21
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 57408 

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