80_FR_60393 80 FR 60201 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Modifying Certain Proprietary Options Data Products

80 FR 60201 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Modifying Certain Proprietary Options Data Products

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 192 (October 5, 2015)

Page Range60201-60204
FR Document2015-25184

Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015)
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60201-60204]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25184]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76022; File No. SR-NYSEMKT-2015-68]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Modifying Certain 
Proprietary Options Data Products

September 29, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on September 18, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III below, which 
Items have been prepared by the Exchange. 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\ 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 modify certain proprietary options data 
products. The text of the proposed rule change is available on the 
Exchange's Web site at www.nyse.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to modify certain proprietary options data 
products.

[[Page 60202]]

    The Exchange currently offers the following real-time options 
market data feeds through its ArcaBook for Amex Options data product 
(collectively, ``Current Options Products''): \3\
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    \3\ See Securities Exchange Act Release No. 67719 (August 23, 
2012), 77 FR 52767 (August 30, 2012) (SR-NYSEMKT-2012-40) (proposing 
to offer certain proprietary options data products).
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     ``ArcaBook for Amex Options--Trades'' makes available NYSE 
Amex Options last sale information on a real-time basis as it is 
reported to the Options Price Reporting Authority (``OPRA'') and 
disseminated on a consolidated basis under the OPRA Plan.\4\
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    \4\ The OPRA Plan is a national market system plan approved by 
the Securities and Exchange Commission (``Commission'') pursuant to 
section 11A of the Securities Exchange Act of 1934 (the ``Act'') and 
Rule 608 thereunder (formerly Rule 11Aa3-2). See Securities Exchange 
Act Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 
31, 1981). The full text of the OPRA Plan is available at http://www.opradata.com. The OPRA Plan provides for the collection and 
dissemination of last sale and quotation information on options that 
are traded on the participant exchanges. Section 5.2(c) of the OPRA 
Plan also permits OPRA Plan participants to disseminate 
unconsolidated market information to certain of their members under 
certain circumstances.
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     ``ArcaBook for Amex Options--Top of Book'' makes available 
NYSE Amex Options best bids and offers (``BBO'') (including orders and 
quotes) on a real-time basis as reported to OPRA and disseminated on a 
consolidated basis under the OPRA Plan.
     ``ArcaBook for Amex Options--Series Status'' makes 
available series status messages for each individual options series 
(and in the case of complex orders, per-instrument) relating to events 
such as a delayed opening or trading halt.
     ``ArcaBook for Amex Options--Order Imbalance'' makes 
available order imbalance information prior to the opening of the 
market and during a trading halt.
     ``ArcaBook for Amex Options--Depth of Book'' makes 
available NYSE Amex Options quotes and orders at the first five price 
levels in each series on a real-time basis.
     ``ArcaBook for Amex Options--Complex'' makes available 
NYSE Amex Options quote and trade information (including orders/quotes, 
requests for responses, and trades) for the complex order book on a 
real-time basis.\5\
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    \5\ See Rule 6.62(e), which defines complex orders, and Rule 
6.91, that describes electronic complex order trading, including 
requests for responses.
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    The Exchange charges a single fee for its ArcaBook for Amex Options 
data product, which includes all six of the Current Options Products. 
The Exchange also charges a separate fee for ArcaBook for Amex 
Options--Complex for subscribers that seek to obtain this Current 
Options Product on a standalone basis.\6\
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    \6\ See Securities Exchange Act Release No. 68004 (Oct. 9, 
2012), 77 FR 62582 (Oct. 15, 2012) (SR-NYSEMKT-2012-49) 
(establishing fees for certain proprietary options market data 
products). See also Securities Exchange Act Release Nos. 69524 (May 
6, 2013), 78 FR 27459 (May 10, 2013) (SR-NYSEMKT-2013-35) 
(establishing a schedule of NYSE Amex Options proprietary market 
data fees); 69553 (May 10, 2013), 78 FR 28926 (May 16, 2013) (SR-
NYSEMKT-2013-40) (establishing non-display usage fees and amending 
the professional end-user fees); 71934 (April 11, 2014), 79 FR 21818 
(April 17, 2014) (SR-NYSEMKT-2014-30) (amending the professional 
user fees); 73008 (Sept. 5, 2014), 79 FR 65325 [sic] (Sept. 11, 
2014) (SR-NYSEMKT-2014-73) (amending fees for non-display use); and 
73589 (Nov. 13, 2014), 79 FR 68933 (Nov. 19, 2014) (SR-NYSEMKT-2014-
94) (establishing fees for the complex order book feed).
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    The Exchange proposes to modify the Current Options Products as 
follows:
    First, the Exchange proposes to combine in one market data product, 
called ``Amex Options Top,'' the data made available currently in 
``ArcaBook for Amex Options--Trades,'' ``ArcaBook for Amex Options--Top 
of Book,'' ``ArcaBook for Amex Options--Series Status,'' and ``ArcaBook 
for Amex Options--Order Imbalance.'' Offering a data product that 
combines, in one market data product, last sale data, BBO, and order 
imbalance information and series status messages, would provide greater 
efficiencies and better sequencing for vendors and subscribers that 
currently choose to integrate the data after receiving it from the 
Exchange. As with ArcaBook for Amex Options--Trades and ArcaBook for 
Amex Options--Top of Book, Amex Options Top would provide last sale and 
BBO information on a real-time basis as reported to OPRA and 
disseminated on a consolidated basis under the OPRA Plan.\7\ Other 
exchanges offer options data products that similarly combine data 
elements.\8\
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    \7\ See supra note 4. The manner in which the Exchange proposes 
to disseminate the products would comply with section 5.2(c) of the 
OPRA Plan, pursuant to which the Exchange may not disseminate the 
products ``on any more timely basis than the same information is 
furnished to the OPRA System for inclusion in OPRA's consolidated 
dissemination of Options Information.''
    \8\ For example, Chicago Board Options Exchange (``CBOE'') and 
NASDAQ Options Market (``NOM'') and NASDAQ OMX PHLX LLC (``PHLX'') 
offer proprietary products that include both last sale and BBO 
information. See, e.g., Securities Exchange Act Release No. 73955 
(Dec. 30, 2014), 80 FR 598 (Jan. 6, 2015) (SR-CBOE-2014-094); NOM 
Rules, Chapter VI, Section 1(a)(3) and Securities Exchange Act 
Release No. 64652 (June 13, 2011), 76 FR 35498 (June 17, 2011) (SR-
NASDAQ-2011-075); and Securities Exchange Act Release No. 67352 
(July 5, 2012), 77 FR 40930 (July 11, 2012) (SR-Phlx-2012-83), 
respectively.
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    Second, the Exchange proposes to modify ``ArcaBook for Amex 
Options--Depth of Book'' market data product so that quotes and orders 
would be available at the first three price levels in each series on a 
real-time basis rather than at the first five price levels. The 
Exchange also proposes to change the name of this product to ``Amex 
Options Deep.'' The Exchange believes that reducing the number of 
levels in the feed will reduce the size of the messages by a 
significant amount, which the Exchange anticipates will reduce 
customers' bandwidth needs while retaining the functionality of this 
product.
    Finally, the Exchange proposes to change the name of the ``ArcaBook 
for Arca [sic] Options--Complex'' market data product to ``Arca [sic] 
Options Complex.''
    The proposed Amex Options Top, Amex Options Deep and Amex Options 
Complex market data products (the ``Amex Options Products'') would be 
distributed in a new format, Exchange Data Protocol (XDP), aligning the 
format of the Amex Options Products with that of other market data 
products offered by the Exchange. This format change would not affect 
the real-time data content other than as described herein.
    The Exchange does not propose to make any changes to the fees. The 
single fee charged for the Current Options Products that comprise the 
ArcaBook for Amex Options market data product would similarly apply to 
subscribers to of all three proposed market data products--Amex Options 
Top, Amex Options Deep and Amex Options Complex. The standalone fee 
that now applies to ``ArcaBook for Amex Options--Complex,'' would 
likewise apply to Amex Options Complex market data product. The 
Exchange proposes to change the references to the names of the products 
in the NYSE Amex Options Proprietary Market Data Fee Schedule to the 
names of the products as proposed.
    As with the Current Options Products, each of the Amex Options 
Products would be offered through the Exchange's Liquidity Center 
Network (``LCN''), a local area network in the Exchange's Mahwah, New 
Jersey data center that is available to users of the Exchange's co-
location services. The Exchange would also offer the products through 
the Exchange's Secure Financial Transaction Infrastructure (``SFTI'') 
network, through which all other users and member organizations access 
the Exchange's trading and execution systems and other proprietary 
market data products.
    The Exchange will announce the date that the Amex Options Products 
will be available through an NYSE Market Data Notice.

[[Page 60203]]

    The proposed change is not intended to address any issues other 
than those described herein, and the Exchange is not aware of any 
problems that vendors or subscribers would have in complying with the 
proposed change.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) \9\ of the 
Act, in general, and furthers the objectives of section 6(b)(5) \10\ of 
the Act, in particular, in that it is designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system and, in general, to protect investors and the 
public interest, and it is not designed to permit unfair discrimination 
among customers, brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange also believes this proposal is consistent with section 
6(b)(5) of the Act because it protects investors and the public 
interest and promotes just and equitable principles of trade by 
providing investors with improved options for receiving market data. 
The proposed rule changes would benefit investors by facilitating their 
prompt access to the real-time information contained in the Amex 
Options Products.
    In particular, the Exchange believes that combining last sale data, 
best bids and offers, order imbalance information and series status 
messages in the Amex Options Top product is reasonable because it would 
provide greater efficiencies and reduce errors for vendors and 
subscribers that currently choose to integrate the data after receiving 
it from the Exchange. In addition, the change to the Amex Options Deep 
product reflects the interests and needs of vendors by streamlining the 
product using smaller message sizes. The changes are reasonable because 
they would provide vendors and subscribers with higher quality market 
data products.
    In adopting Regulation NMS, the Commission granted self-regulatory 
organizations and broker-dealers increased authority and flexibility to 
offer new and unique market data to consumers of such data. It was 
believed that this authority would expand the amount of data available 
to users and consumers of such data and also spur innovation and 
competition for the provision of market data. The Exchange believes 
that the options data product changes proposed herein are precisely the 
sort of market data product evolutions that the Commission envisioned 
when it adopted Regulation NMS. The Commission concluded that 
Regulation NMS--by lessening regulation of the market in proprietary 
data--would itself further the Act's goals of facilitating efficiency 
and competition:

    [E]fficiency is promoted when broker-dealers who do not need the 
data beyond the prices, sizes, market center identifications of the 
NBBO and consolidated last sale information are not required to 
receive (and pay for) such data. The Commission also believes that 
efficiency is promoted when broker-dealers may choose to receive 
(and pay for) additional market data based on their own internal 
analysis of the need for such data.\11\
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 51808 (June 9, 
2005), 70 FR 37496 (June 29, 2005).

    By removing ``unnecessary regulatory restrictions'' on the ability 
of exchanges to sell their own data, Regulation NMS advanced the goals 
of the Act and the principles reflected in its legislative history.
    The Exchange further notes that the existence of alternatives to 
the Exchange's products, including real-time consolidated data, free 
delayed consolidated data, and proprietary data from other sources, 
ensures that the Exchange is not unreasonably discriminatory because 
vendors and subscribers can elect these alternatives.
    The proposed options data products will help to protect a free and 
open market by providing additional data to the marketplace and give 
investors greater choices. In addition, the proposal would not permit 
unfair discrimination because the products will be available to all of 
the Exchange's customers and broker-dealers through both the LCN and 
SFTI.

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

    In accordance with section 6(b)(8) of the Act,\12\ 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. The market for proprietary data products is 
currently competitive and inherently contestable because there is 
fierce competition for the inputs necessary to the creation of 
proprietary data. Numerous exchanges compete with each other for 
listings, trades, and market data itself, providing virtually limitless 
opportunities for entrepreneurs who wish to produce and distribute 
their own market data. This proprietary data is produced by each 
individual exchange, as well as other entities (such as internalizing 
broker-dealers and various forms of alternative trading systems, 
including dark pools and electronic communication networks), in a 
vigorously competitive market. It is common for market participants to 
further and exploit this competition by sending their order flow and 
transaction reports to multiple markets, rather than providing them all 
to a single market.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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 Exchange has filed the proposed rule change pursuant to section 
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\16\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    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

[[Page 60204]]

under section 19(b)(2)(B) \17\ of the Act to determine whether the 
proposed rule change should be approved or disapproved.
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    \17\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEMKT-2015-68 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2015-68. 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 such filing also will be available 
for inspection and copying at the principal offices of the Exchange. 
All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly. All submissions should refer to File Number SR-NYSEMKT-2015-
68, and should be submitted on or before October 26, 2015.
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    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-25184 Filed 10-2-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices                                                60201

                                                  SECURITIES AND EXCHANGE                                       The Exchanges now seek to extend                  SECURITIES AND EXCHANGE
                                                  COMMISSION                                                 the exemptions until March 31, 2016.6                COMMISSION
                                                                                                             The Exchanges’ request was made in
                                                  [Release No. 34–76020; File Nos. SR–NYSE–                                                                       [Release No. 34–76022; File No. SR–
                                                  2011–55; SR–NYSEAmex–2011–84]
                                                                                                             conjunction with immediately effective
                                                                                                             filings that extend the operation of the             NYSEMKT–2015–68]
                                                  Self-Regulatory Organizations; New                         Programs through the same date.7 In                  Self-Regulatory Organizations; NYSE
                                                  York Stock Exchange LLC; NYSE MKT                          their request to extend the exemptions,              MKT LLC; Notice of Filing and
                                                  LLC; Order Granting an Extension to                        the Exchanges note that the                          Immediate Effectiveness of Proposed
                                                  Limited Exemptions From Rule 612(c)                        participation in the Programs has                    Rule Change Modifying Certain
                                                  of Regulation NMS in Connection With                       increased more recently. Accordingly,                Proprietary Options Data Products
                                                  the Exchanges’ Retail Liquidity                            the Exchanges have asked for additional
                                                  Programs Until March 31, 2016                              time to allow themselves and the                     September 29, 2015.
                                                                                                             Commission to analyze more robust data                  Pursuant to section 19(b)(1) of the
                                                  September 29, 2015.                                        concerning the Programs, which the                   Securities Exchange Act of 1934
                                                     On July 3, 2012, the Securities and                     Exchanges committed to provide to the                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  Exchange Commission (‘‘Commission’’)                       Commission.8 For this reason and the                 notice is hereby given that on
                                                  issued an order pursuant to its authority                  reasons stated in the Order originally               September 18, 2015, NYSE MKT LLC
                                                  under Rule 612(c) of Regulation NMS                        granting the limited exemptions, the                 (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed
                                                  (‘‘Sub-Penny Rule’’) 1 that granted the                    Commission finds that extending the                  with the Securities and Exchange
                                                  New York Stock Exchange LLC                                exemptions, pursuant to its authority                Commission (‘‘Commission’’) the
                                                  (‘‘NYSE’’) and NYSE MKT LLC 2                              under Rule 612(c) of Regulation NMS, is              proposed rule change as described in
                                                  (‘‘NYSE MKT’’ and, together with                           appropriate in the public interest and               Items I, II, and III below, which Items
                                                  NYSE, the ‘‘Exchanges’’) limited                           consistent with the protection of                    have been prepared by the Exchange.
                                                  exemptions from the Sub-Penny Rule in                      investors.                                           The Commission is publishing this
                                                  connection with the operation of the
                                                                                                                Therefore, it is hereby ordered that,             notice to solicit comments on the
                                                  Exchanges’ respective Retail Liquidity
                                                                                                             pursuant to Rule 612(c) of Regulation                proposed rule change from interested
                                                  Programs (‘‘Programs’’).3 The limited
                                                                                                             NMS, each Exchange is granted a                      persons.
                                                  exemptions were granted concurrently
                                                  with the Commission’s approval of the                      limited exemption from Rule 612 of                   I. Self-Regulatory Organization’s
                                                  Exchanges’ proposals to adopt their                        Regulation NMS that allows it to accept              Statement of the Terms of Substance of
                                                  respective Programs for one-year pilot                     and rank orders priced equal to or                   the Proposed Rule Change
                                                  terms.4 The exemptions were granted                        greater than $1.00 per share in
                                                                                                             increments of $0.001, in connection                    The Exchange proposes to modify
                                                  coterminous with the effectiveness of                                                                           certain proprietary options data
                                                  the pilot Programs; both the pilot                         with the operation of its Retail Liquidity
                                                                                                             Program, until March 31, 2016.                       products. The text of the proposed rule
                                                  Programs and exemptions are scheduled
                                                                                                                                                                  change is available on the Exchange’s
                                                  to expire on September 30, 2015.5                             The limited and temporary                         Web site at www.nyse.com, at the
                                                                                                             exemptions extended by this Order are                principal office of the Exchange, and at
                                                    1 17  CFR 242.612(c).                                    subject to modification or revocation if             the Commission’s Public Reference
                                                    2 At  the time it filed the original proposal to adopt   at any time the Commission determines                Room.
                                                  the Retail Liquidity Program, NYSE MKT went by
                                                  the name NYSE Amex LLC. On May 14, 2012, the               that such action is necessary or
                                                  Exchange filed a proposed rule change,                     appropriate in furtherance of the                    II. Self-Regulatory Organization’s
                                                  immediately effective upon filing, to change its           purposes of the Securities Exchange Act              Statement of the Purpose of, and
                                                  name from NYSE Amex LLC to NYSE MKT LLC.                   of 1934. Responsibility for compliance               Statutory Basis for, the Proposed Rule
                                                  See Securities Exchange Act Release No. 67037
                                                  (May 21, 2012), 77 FR 31415 (May 25, 2012) (SR–            with any applicable provisions of the                Change
                                                  NYSEAmex–2012–32).                                         Federal securities laws must rest with                 In its filing with the Commission, the
                                                     3 See Securities Exchange Act Release No. 67347
                                                                                                             the persons relying on the exemptions                self-regulatory organization included
                                                  (July 3, 2012), 77 FR 40673 (July 10, 2012) (SR–           that are the subject of this Order.
                                                  NYSE–2011–55; SR–NYSEAmex–2011–84)                                                                              statements concerning the purpose of,
                                                  (‘‘Order’’).                                                 For the Commission, by the Division of             and basis for, the proposed rule change
                                                     4 See id.
                                                                                                             Trading and Markets, pursuant to delegated           and discussed any comments it received
                                                     5 The pilot terms of the Programs were originally
                                                                                                             authority.9                                          on the proposed rule change. The text
                                                  scheduled to end on July 31, 2013, but the                                                                      of those statements may be examined at
                                                  Exchanges initially extended the terms for an              Robert W. Errett,
                                                  additional year, through July 31, 2014, see                Deputy Secretary.                                    the places specified in Item IV below.
                                                  Securities Exchange Act Release Nos. 70096                 [FR Doc. 2015–25182 Filed 10–2–15; 8:45 am]
                                                                                                                                                                  The Exchange has prepared summaries,
                                                  (August 2, 2013), 78 FR 48520 (August 8, 2013)                                                                  set forth in sections A, B, and C below,
                                                  (SR–NYSE–2013–48), and 70100 (August 2, 2013),             BILLING CODE 8011–01–P
                                                                                                                                                                  of the most significant parts of such
                                                  78 FR 48535 (August 8, 2013) (SR–NYSEMKT–
                                                  2013–60), and then subsequently extended the                                                                    statements.
                                                                                                             2015, see Securities Exchange Act Release No.
                                                  terms again through March 31, 2015, see Securities
                                                  Exchange Act Release Nos. 72629 (July 16, 2014),
                                                                                                             72732 (July 31, 2014), 79 FR 45851 (August 6,        A. Self-Regulatory Organization’s
                                                                                                             2014), and September 30, 2015, see Securities        Statement of the Purpose of, and the
                                                  79 FR 42564 (July 22, 2014) (SR–NYSE–2014–35),
                                                                                                             Exchange Act Release No. 74507 (March 13, 2015),
                                                  and 72625 (July 16, 2014), 79 FR 42566 (July 22,
                                                                                                             80 FR 14421 (March 19, 2015), respectively.
                                                                                                                                                                  Statutory Basis for, the Proposed Rule
                                                  2014) (SR–NYSEMKT–2014–60), and September 30,                6 See Letter from Martha Redding, Assistant        Change
                                                  2015, see Securities Exchange Act Release Nos.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                             Secretary, NYSE, to Brent J. Fields, Secretary,
                                                  74454 (March 6, 2015), 80 FR 13054 (March 12,
                                                                                                             Securities and Exchange Commission, dated
                                                                                                                                                                  1. Purpose
                                                  2015) (SR–NYSE–2015–10), and 74455 (March 6,
                                                  2015), 80 FR 13047 (March 12, 2015) (SR–                   September 17, 2015.                                    The Exchange proposes to modify
                                                                                                               7 See Securities Exchange Act Release Nos. 75993
                                                  NYSEMKT–2015–14). Each time the pilot terms of                                                                  certain proprietary options data
                                                  the Programs were extended, the Commission                 (September 28, 2015),—FR—(SR–NYSE–2015–41),
                                                                                                             and 75995 (September 28, 2015),—FR—(SR–              products.
                                                  granted the Exchanges’ requests to also extend the
                                                  Sub-Penny exemptions through July 31, 2014, see            NYSEMKT–2015–69).
                                                                                                               8 See Order, supra note 3, 77 FR at 40681.          1 15   U.S.C. 78s(b)(1).
                                                  Securities Exchange Act Release No. 70085 (July 31,
                                                  2013), 78 FR 47807 (August 6, 2013), March 31,               9 17 CFR 200.30–3(a)(83).                           2 17   CFR 240.19b–4.



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                                                  60202                         Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices

                                                     The Exchange currently offers the                    for subscribers that seek to obtain this                that quotes and orders would be
                                                  following real-time options market data                 Current Options Product on a                            available at the first three price levels in
                                                  feeds through its ArcaBook for Amex                     standalone basis.6                                      each series on a real-time basis rather
                                                  Options data product (collectively,                        The Exchange proposes to modify the                  than at the first five price levels. The
                                                  ‘‘Current Options Products’’): 3                        Current Options Products as follows:                    Exchange also proposes to change the
                                                     • ‘‘ArcaBook for Amex Options—                          First, the Exchange proposes to                      name of this product to ‘‘Amex Options
                                                  Trades’’ makes available NYSE Amex                      combine in one market data product,                     Deep.’’ The Exchange believes that
                                                  Options last sale information on a real-                called ‘‘Amex Options Top,’’ the data                   reducing the number of levels in the
                                                  time basis as it is reported to the                     made available currently in ‘‘ArcaBook                  feed will reduce the size of the messages
                                                  Options Price Reporting Authority                       for Amex Options—Trades,’’ ‘‘ArcaBook                   by a significant amount, which the
                                                  (‘‘OPRA’’) and disseminated on a                        for Amex Options—Top of Book,’’                         Exchange anticipates will reduce
                                                  consolidated basis under the OPRA                       ‘‘ArcaBook for Amex Options—Series                      customers’ bandwidth needs while
                                                  Plan.4                                                  Status,’’ and ‘‘ArcaBook for Amex                       retaining the functionality of this
                                                     • ‘‘ArcaBook for Amex Options—Top                    Options—Order Imbalance.’’ Offering a                   product.
                                                  of Book’’ makes available NYSE Amex                     data product that combines, in one                         Finally, the Exchange proposes to
                                                  Options best bids and offers (‘‘BBO’’)                  market data product, last sale data, BBO,               change the name of the ‘‘ArcaBook for
                                                  (including orders and quotes) on a real-                and order imbalance information and                     Arca [sic] Options—Complex’’ market
                                                  time basis as reported to OPRA and                      series status messages, would provide                   data product to ‘‘Arca [sic] Options
                                                  disseminated on a consolidated basis                    greater efficiencies and better                         Complex.’’
                                                  under the OPRA Plan.                                    sequencing for vendors and subscribers                     The proposed Amex Options Top,
                                                     • ‘‘ArcaBook for Amex Options—                       that currently choose to integrate the                  Amex Options Deep and Amex Options
                                                  Series Status’’ makes available series                  data after receiving it from the                        Complex market data products (the
                                                  status messages for each individual                     Exchange. As with ArcaBook for Amex                     ‘‘Amex Options Products’’) would be
                                                  options series (and in the case of                      Options—Trades and ArcaBook for                         distributed in a new format, Exchange
                                                  complex orders, per-instrument) relating                Amex Options—Top of Book, Amex                          Data Protocol (XDP), aligning the format
                                                  to events such as a delayed opening or                  Options Top would provide last sale                     of the Amex Options Products with that
                                                  trading halt.                                           and BBO information on a real-time                      of other market data products offered by
                                                     • ‘‘ArcaBook for Amex Options—                       basis as reported to OPRA and                           the Exchange. This format change
                                                  Order Imbalance’’ makes available order                 disseminated on a consolidated basis                    would not affect the real-time data
                                                  imbalance information prior to the                      under the OPRA Plan.7 Other exchanges                   content other than as described herein.
                                                  opening of the market and during a                      offer options data products that                           The Exchange does not propose to
                                                  trading halt.                                           similarly combine data elements.8                       make any changes to the fees. The single
                                                     • ‘‘ArcaBook for Amex Options—                          Second, the Exchange proposes to                     fee charged for the Current Options
                                                  Depth of Book’’ makes available NYSE                    modify ‘‘ArcaBook for Amex Options—                     Products that comprise the ArcaBook for
                                                  Amex Options quotes and orders at the                   Depth of Book’’ market data product so                  Amex Options market data product
                                                  first five price levels in each series on
                                                                                                                                                                  would similarly apply to subscribers to
                                                  a real-time basis.                                         6 See Securities Exchange Act Release No. 68004
                                                     • ‘‘ArcaBook for Amex Options—                                                                               of all three proposed market data
                                                                                                          (Oct. 9, 2012), 77 FR 62582 (Oct. 15, 2012) (SR–
                                                  Complex’’ makes available NYSE Amex                     NYSEMKT–2012–49) (establishing fees for certain         products—Amex Options Top, Amex
                                                  Options quote and trade information                     proprietary options market data products). See also     Options Deep and Amex Options
                                                  (including orders/quotes, requests for
                                                                                                          Securities Exchange Act Release Nos. 69524 (May         Complex. The standalone fee that now
                                                                                                          6, 2013), 78 FR 27459 (May 10, 2013) (SR–               applies to ‘‘ArcaBook for Amex
                                                  responses, and trades) for the complex                  NYSEMKT–2013–35) (establishing a schedule of
                                                  order book on a real-time basis.5                       NYSE Amex Options proprietary market data fees);        Options—Complex,’’ would likewise
                                                     The Exchange charges a single fee for                69553 (May 10, 2013), 78 FR 28926 (May 16, 2013)        apply to Amex Options Complex market
                                                  its ArcaBook for Amex Options data
                                                                                                          (SR–NYSEMKT–2013–40) (establishing non-display          data product. The Exchange proposes to
                                                                                                          usage fees and amending the professional end-user       change the references to the names of
                                                  product, which includes all six of the                  fees); 71934 (April 11, 2014), 79 FR 21818 (April
                                                  Current Options Products. The                           17, 2014) (SR–NYSEMKT–2014–30) (amending the            the products in the NYSE Amex Options
                                                  Exchange also charges a separate fee for                professional user fees); 73008 (Sept. 5, 2014), 79 FR   Proprietary Market Data Fee Schedule to
                                                  ArcaBook for Amex Options—Complex
                                                                                                          65325 [sic] (Sept. 11, 2014) (SR–NYSEMKT–2014–          the names of the products as proposed.
                                                                                                          73) (amending fees for non-display use); and 73589
                                                                                                          (Nov. 13, 2014), 79 FR 68933 (Nov. 19, 2014) (SR–
                                                                                                                                                                     As with the Current Options Products,
                                                     3 See Securities Exchange Act Release No. 67719      NYSEMKT–2014–94) (establishing fees for the             each of the Amex Options Products
                                                  (August 23, 2012), 77 FR 52767 (August 30, 2012)        complex order book feed).                               would be offered through the
                                                  (SR–NYSEMKT–2012–40) (proposing to offer                   7 See supra note 4. The manner in which the
                                                                                                                                                                  Exchange’s Liquidity Center Network
                                                  certain proprietary options data products).             Exchange proposes to disseminate the products
                                                     4 The OPRA Plan is a national market system plan
                                                                                                                                                                  (‘‘LCN’’), a local area network in the
                                                                                                          would comply with section 5.2(c) of the OPRA
                                                  approved by the Securities and Exchange                 Plan, pursuant to which the Exchange may not            Exchange’s Mahwah, New Jersey data
                                                  Commission (‘‘Commission’’) pursuant to section         disseminate the products ‘‘on any more timely basis     center that is available to users of the
                                                  11A of the Securities Exchange Act of 1934 (the         than the same information is furnished to the OPRA      Exchange’s co-location services. The
                                                  ‘‘Act’’) and Rule 608 thereunder (formerly Rule         System for inclusion in OPRA’s consolidated             Exchange would also offer the products
                                                  11Aa3–2). See Securities Exchange Act Release No.       dissemination of Options Information.’’
                                                  17638 (March 18, 1981), 22 S.E.C. Docket 484               8 For example, Chicago Board Options Exchange
                                                                                                                                                                  through the Exchange’s Secure
                                                  (March 31, 1981). The full text of the OPRA Plan        (‘‘CBOE’’) and NASDAQ Options Market (‘‘NOM’’)          Financial Transaction Infrastructure
                                                  is available at http://www.opradata.com. The OPRA       and NASDAQ OMX PHLX LLC (‘‘PHLX’’) offer                (‘‘SFTI’’) network, through which all
                                                  Plan provides for the collection and dissemination      proprietary products that include both last sale and
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                                                                                                                                                                  other users and member organizations
                                                  of last sale and quotation information on options       BBO information. See, e.g., Securities Exchange Act
                                                  that are traded on the participant exchanges.           Release No. 73955 (Dec. 30, 2014), 80 FR 598 (Jan.
                                                                                                                                                                  access the Exchange’s trading and
                                                  Section 5.2(c) of the OPRA Plan also permits OPRA       6, 2015) (SR–CBOE–2014–094); NOM Rules,                 execution systems and other proprietary
                                                  Plan participants to disseminate unconsolidated         Chapter VI, Section 1(a)(3) and Securities Exchange     market data products.
                                                  market information to certain of their members          Act Release No. 64652 (June 13, 2011), 76 FR 35498         The Exchange will announce the date
                                                  under certain circumstances.                            (June 17, 2011) (SR–NASDAQ–2011–075); and
                                                     5 See Rule 6.62(e), which defines complex orders,    Securities Exchange Act Release No. 67352 (July 5,
                                                                                                                                                                  that the Amex Options Products will be
                                                  and Rule 6.91, that describes electronic complex        2012), 77 FR 40930 (July 11, 2012) (SR–Phlx–2012–       available through an NYSE Market Data
                                                  order trading, including requests for responses.        83), respectively.                                      Notice.


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                                                                                   Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices                                             60203

                                                    The proposed change is not intended                      provision of market data. The Exchange                limitless opportunities for entrepreneurs
                                                  to address any issues other than those                     believes that the options data product                who wish to produce and distribute
                                                  described herein, and the Exchange is                      changes proposed herein are precisely                 their own market data. This proprietary
                                                  not aware of any problems that vendors                     the sort of market data product                       data is produced by each individual
                                                  or subscribers would have in complying                     evolutions that the Commission                        exchange, as well as other entities (such
                                                  with the proposed change.                                  envisioned when it adopted Regulation                 as internalizing broker-dealers and
                                                  2. Statutory Basis                                         NMS. The Commission concluded that                    various forms of alternative trading
                                                                                                             Regulation NMS—by lessening                           systems, including dark pools and
                                                     The proposed rule change is                             regulation of the market in proprietary               electronic communication networks), in
                                                  consistent with section 6(b) 9 of the Act,                 data—would itself further the Act’s                   a vigorously competitive market. It is
                                                  in general, and furthers the objectives of                 goals of facilitating efficiency and                  common for market participants to
                                                  section 6(b)(5) 10 of the Act, in                          competition:                                          further and exploit this competition by
                                                  particular, in that it is designed to                                                                            sending their order flow and transaction
                                                                                                               [E]fficiency is promoted when broker-
                                                  prevent fraudulent and manipulative                                                                              reports to multiple markets, rather than
                                                                                                             dealers who do not need the data beyond the
                                                  acts and practices, to promote just and                    prices, sizes, market center identifications of       providing them all to a single market.
                                                  equitable principles of trade, to foster                   the NBBO and consolidated last sale
                                                  cooperation and coordination with                          information are not required to receive (and
                                                                                                                                                                   C. Self-Regulatory Organization’s
                                                  persons engaged in facilitating                            pay for) such data. The Commission also               Statement on Comments on the
                                                  transactions in securities, to remove                      believes that efficiency is promoted when             Proposed Rule Change Received From
                                                  impediments to and perfect the                             broker-dealers may choose to receive (and             Members, Participants, or Others
                                                  mechanism of a free and open market                        pay for) additional market data based on their          No written comments were solicited
                                                  and a national market system and, in                       own internal analysis of the need for such
                                                                                                                                                                   or received with respect to the proposed
                                                  general, to protect investors and the                      data.11
                                                                                                                                                                   rule change.
                                                  public interest, and it is not designed to                    By removing ‘‘unnecessary regulatory
                                                  permit unfair discrimination among                         restrictions’’ on the ability of exchanges            III. Date of Effectiveness of the
                                                  customers, brokers, or dealers.                            to sell their own data, Regulation NMS                Proposed Rule Change and Timing for
                                                     The Exchange also believes this                         advanced the goals of the Act and the                 Commission Action
                                                  proposal is consistent with section                        principles reflected in its legislative                  The Exchange has filed the proposed
                                                  6(b)(5) of the Act because it protects                     history.                                              rule change pursuant to section
                                                  investors and the public interest and                         The Exchange further notes that the                19(b)(3)(A)(iii) of the Act 13 and Rule
                                                  promotes just and equitable principles                     existence of alternatives to the                      19b–4(f)(6) thereunder.14 Because the
                                                  of trade by providing investors with                       Exchange’s products, including real-                  proposed rule change does not: (i)
                                                  improved options for receiving market                      time consolidated data, free delayed                  Significantly affect the protection of
                                                  data. The proposed rule changes would                      consolidated data, and proprietary data               investors or the public interest; (ii)
                                                  benefit investors by facilitating their                    from other sources, ensures that the                  impose any significant burden on
                                                  prompt access to the real-time                             Exchange is not unreasonably                          competition; and (iii) become operative
                                                  information contained in the Amex                          discriminatory because vendors and                    prior to 30 days from the date on which
                                                  Options Products.                                          subscribers can elect these alternatives.             it was filed, or such shorter time as the
                                                     In particular, the Exchange believes                       The proposed options data products                 Commission may designate, if
                                                  that combining last sale data, best bids                   will help to protect a free and open                  consistent with the protection of
                                                  and offers, order imbalance information                    market by providing additional data to                investors and the public interest, the
                                                  and series status messages in the Amex                     the marketplace and give investors                    proposed rule change has become
                                                  Options Top product is reasonable                          greater choices. In addition, the                     effective pursuant to section 19(b)(3)(A)
                                                  because it would provide greater                           proposal would not permit unfair                      of the Act and Rule 19b–4(f)(6)(iii)
                                                  efficiencies and reduce errors for                         discrimination because the products                   thereunder.
                                                  vendors and subscribers that currently                     will be available to all of the Exchange’s               A proposed rule change filed under
                                                  choose to integrate the data after                         customers and broker-dealers through                  Rule 19b–4(f)(6) 15 normally does not
                                                  receiving it from the Exchange. In                         both the LCN and SFTI.                                become operative prior to 30 days after
                                                  addition, the change to the Amex                                                                                 the date of the filing. However, pursuant
                                                  Options Deep product reflects the                          B. Self-Regulatory Organization’s                     to Rule 19b4(f)(6)(iii),16 the Commission
                                                  interests and needs of vendors by                          Statement on Burden on Competition                    may designate a shorter time if such
                                                  streamlining the product using smaller                        In accordance with section 6(b)(8) of              action is consistent with the protection
                                                  message sizes. The changes are                             the Act,12 the Exchange does not believe              of investors and the public interest.
                                                  reasonable because they would provide                      that the proposed rule change will                       At any time within 60 days of the
                                                  vendors and subscribers with higher                        impose any burden on competition that                 filing of such proposed rule change, the
                                                  quality market data products.                              is not necessary or appropriate in                    Commission summarily may
                                                     In adopting Regulation NMS, the                         furtherance of the purposes of the Act.               temporarily suspend such rule change if
                                                  Commission granted self-regulatory                         The market for proprietary data                       it appears to the Commission that such
                                                  organizations and broker-dealers                           products is currently competitive and                 action is necessary or appropriate in the
                                                  increased authority and flexibility to                     inherently contestable because there is               public interest, for the protection of
                                                  offer new and unique market data to                        fierce competition for the inputs                     investors, or otherwise in furtherance of
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                                                  consumers of such data. It was believed                    necessary to the creation of proprietary              the purposes of the Act. If the
                                                  that this authority would expand the                       data. Numerous exchanges compete                      Commission takes such action, the
                                                  amount of data available to users and                      with each other for listings, trades, and             Commission shall institute proceedings
                                                  consumers of such data and also spur                       market data itself, providing virtually
                                                  innovation and competition for the                                                                                 13 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                               11 See                                                14 17 CFR 240.19b–4(f)(6).
                                                                                                                       Securities Exchange Act Release No. 51808
                                                    9 15   U.S.C. 78f(b).                                    (June 9, 2005), 70 FR 37496 (June 29, 2005).            15 17 CFR 240.19b–4(f)(6).
                                                    10 15   U.S.C. 78f(b)(5).                                   12 15 U.S.C. 78f(b)(8).                              16 17 CFR 240.19b–4(f)(6)(iii).




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                                                  60204                            Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices

                                                  under section 19(b)(2)(B) 17 of the Act to                 submitted on or before October 26,                    self-regulatory organization consents,
                                                  determine whether the proposed rule                        2015.                                                 the Commission shall either approve the
                                                  change should be approved or                                 For the Commission, by the Division of              proposed rule change, disapprove the
                                                  disapproved.                                               Trading and Markets, pursuant to delegated            proposed rule change, or institute
                                                                                                             authority.18                                          proceedings to determine whether the
                                                  IV. Solicitation of Comments                                                                                     proposed rule change should be
                                                                                                             Robert W. Errett,
                                                    Interested persons are invited to                        Deputy Secretary.                                     disapproved. The Commission is
                                                  submit written data, views, and                            [FR Doc. 2015–25184 Filed 10–2–15; 8:45 am]
                                                                                                                                                                   extending this 45-day time period. The
                                                  arguments concerning the foregoing,                        BILLING CODE 8011–01–P
                                                                                                                                                                   Commission finds that it is appropriate
                                                  including whether the proposed rule                                                                              to designate a longer period within
                                                  change is consistent with the Act.                                                                               which to take action on the proposed
                                                  Comments may be submitted by any of                        SECURITIES AND EXCHANGE                               rule change so that it has sufficient time
                                                  the following methods:                                     COMMISSION                                            to consider the proposed rule change, as
                                                                                                                                                                   modified by the amendments.
                                                  Electronic Comments                                        [Release No. 34–76019; File No. SR–BATS–                 Accordingly, the Commission,
                                                                                                             2015–56]                                              pursuant to Section 19(b)(2) of the Act,7
                                                    • Use the Commission’s Internet
                                                  comment form (http://www.sec.gov/                                                                                designates November 15, 2015, as the
                                                                                                             Self-Regulatory Organizations; BATS
                                                  rules/sro.shtml); or                                                                                             date by which the Commission shall
                                                                                                             Exchange, Inc.; Notice of Designation
                                                                                                                                                                   either approve or disapprove or institute
                                                    • Send an email to rule-comments@                        of a Longer Period for Commission
                                                                                                                                                                   proceedings to determine whether to
                                                  sec.gov. Please include File Number SR–                    Action on Proposed Rule Change, as
                                                                                                                                                                   disapprove the proposed rule change
                                                  NYSEMKT–2015–68 on the subject line.                       Modified by Amendments Nos. 1 and 2,
                                                                                                                                                                   (File Number SR–BATS–2015–56).
                                                                                                             To List and Trade Shares of the
                                                  Paper Comments                                             ProShares Managed Futures Strategy                      For the Commission, by the Division of
                                                                                                             ETF of the ProShares Trust Under                      Trading and Markets, pursuant to delegated
                                                    • Send paper comments in triplicate                                                                            authority.8
                                                  to Brent J. Fields, Secretary, Securities                  BATS Rule 14.11 on BATS Exchange,
                                                                                                             Inc.                                                  Robert W. Errett,
                                                  and Exchange Commission, 100 F Street                                                                            Deputy Secretary.
                                                  NE., Washington, DC 20549–1090.                            September 29, 2015.                                   [FR Doc. 2015–25181 Filed 10–2–15; 8:45 am]
                                                  All submissions should refer to File                         On July 30, 2015, BATS Exchange,                    BILLING CODE 8011–01–P
                                                  Number SR–NYSEMKT–2015–68. This                            Inc. (‘‘BATS’’ or ‘‘Exchange’’) filed with
                                                  file number should be included on the                      the Securities and Exchange
                                                  subject line if email is used. To help the                 Commission (‘‘Commission’’), pursuant                 SECURITIES AND EXCHANGE
                                                  Commission process and review your                         to Section 19(b)(1) of the Securities                 COMMISSION
                                                  comments more efficiently, please use                      Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                                                                                   [Release No. 34–76017; File No. SR–EDGA–
                                                  only one method. The Commission will                       19b–4 thereunder,2 a proposed rule                    2015–37]
                                                  post all comments on the Commission’s                      change to list and trade shares of the
                                                  Internet Web site (http://www.sec.gov/                     ProShares Managed Futures Strategy                    Self-Regulatory Organizations; EDGA
                                                  rules/sro.shtml). Copies of the                            ETF (‘‘Fund’’) of the ProShares Trust                 Exchange, Inc.; Notice of Filing and
                                                  submission, all subsequent                                 under BATS Rule 14.11(i). The                         Immediate Effectiveness of a Proposed
                                                  amendments, all written statements                         proposed rule change was published for                Rule Change To Amend Rule 11.15,
                                                  with respect to the proposed rule                          comment in the Federal Register on                    Clearly Erroneous Executions
                                                  change that are filed with the                             August 17, 2015.3 On August 19, 2015,
                                                  Commission, and all written                                the Exchange filed Amendment No. 1 to                 September 29, 2015.
                                                  communications relating to the                             the proposed rule change.4 On                            Pursuant to Section 19(b)(1) of the
                                                  proposed rule change between the                           September 4, 2015, the Exchange filed                 Securities Exchange Act of 1934 (the
                                                  Commission and any person, other than                      Amendment No. 2 to the proposed rule                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  those that may be withheld from the                        change.5 The Commission has received                  notice is hereby given that on
                                                  public in accordance with the                              no comment letters on the proposed rule               September 21, 2015, EDGA Exchange,
                                                  provisions of 5 U.S.C. 552, will be                        change.                                               Inc. (the ‘‘Exchange’’ or ‘‘EDGA’’) filed
                                                  available for Web site viewing and                           Section 19(b)(2) of the Act 6 provides              with the Securities and Exchange
                                                  printing in the Commission’s Public                        that, within 45 days of the publication               Commission (‘‘Commission’’) the
                                                  Reference Room, 100 F Street NE.,                          of notice of the filing of a proposed rule            proposed rule change as described in
                                                  Washington, DC 20549 on official                           change, or within such longer period up               Items I, II, and III below, which items
                                                  business days between the hours of                         to 90 days as the Commission may                      have been prepared by the Exchange.
                                                  10:00 a.m. and 3:00 p.m. Copies of such                    designate if it finds such longer period              The Commission is publishing this
                                                  filing also will be available for                          to be appropriate and publishes its                   notice to solicit comments on the
                                                  inspection and copying at the principal                    reasons for so finding or as to which the             proposed rule change from interested
                                                  offices of the Exchange. All comments                                                                            persons.
                                                                                                               18 17 CFR 200.30–3(a)(12).
                                                  received will be posted without change;                      1 15
                                                                                                                                                                   I. Self-Regulatory Organization’s
                                                                                                                    U.S.C. 78s(b)(1).
                                                  the Commission does not edit personal                        2 17 CFR 240.19b–4.                                 Statement of the Terms of Substance of
                                                  identifying information from
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                                                                                                               3 See Securities Exchange Act Release No. 75664     the Proposed Rule Change
                                                  submissions. You should submit only                        (August 11, 2015), 80 FR 49288 (‘‘Notice’’).             The Exchange filed a proposal to
                                                  information that you wish to make                            4 Amendment No. 1 is available at: http://
                                                                                                                                                                   amend Rule 11.15, Clearly Erroneous
                                                  available publicly. All submissions                        www.sec.gov/comments/sr-bats-2015-56/
                                                  should refer to File Number SR–                            bats201556-.pdf.
                                                                                                               5 Amendment No. 2 is available at: http://            7 Id.
                                                  NYSEMKT–2015–68, and should be                             www.sec.gov/comments/sr-bats-2015-56/                   8 17 CFR 200.30–3(a)(31).
                                                                                                             bats201556-2.pdf.                                       1 15 U.S.C. 78s(b)(1).
                                                    17 15   U.S.C. 78s(b)(2)(B).                               6 15 U.S.C. 78s(b)(2).                                2 17 CFR 240.19b–4.




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Document Created: 2015-12-15 08:53:15
Document Modified: 2015-12-15 08:53:15
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 60201 

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