81 FR 12187 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of a Proposed Change Amending the Fees for NYSE Amex Options Proprietary Market Data as They Apply to Federal Agency Customers
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 45 (March 8, 2016)
Federal Register Volume 81, Issue 45 (March 8, 2016)
| Page Range | 12187-12188 | |
| FR Document | 2016-05040 |
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)] [Notices] [Pages 12187-12188] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05040] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77275; File No. SR-NYSEMKT-2016-28] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of a Proposed Change Amending the Fees for NYSE Amex Options Proprietary Market Data as They Apply to Federal Agency Customers March 2, 2016. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that, on February 17, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the fees for NYSE Amex Options proprietary market data as they apply to Federal agency customers. The proposed change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend the NYSE Amex Options Proprietary Market Data Fee Schedule (``Fee Schedule''), to provide that market data fees do not apply to any Federal agency for their use of NYSE Amex Options real-time proprietary market data products. The term ``Federal agency'' as used in the Fee Schedule would include all Federal agencies subject to the Federal Acquisition Regulation (FAR),\4\ as well as any Federal agency not subject to FAR that has promulgated its own procurement rules.\5\ --------------------------------------------------------------------------- \4\ FAR is the principal set of rules governing the process by which the U.S. federal government purchases goods and services. \5\ See 48 CFR 2.101. FAR defines ``Federal agency'' as ``any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect's direction).'' ``Executive agency'' is defined as ``an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C. 101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.'' --------------------------------------------------------------------------- The Exchange is proposing to specify that access fees, professional user fees and non-display fees do not apply to Federal agencies for those products to which those fees apply.\6\ The proposal is designed to allow the Exchange to provide Federal agencies with NYSE Amex Options real-time proprietary market data products at no cost in support of Federal agencies' regulatory responsibilities. With the adoption of the proposed fee waiver, the Exchange is not waiving any of its contractual rights and all Federal agencies that subscribe to NYSE Amex Options real-time proprietary market data products will be required to execute the appropriate subscriber agreement, which include [sic], among other things, provisions against the redistribution of data. --------------------------------------------------------------------------- \6\ These products are currently Amex Options Product and Amex Options Complex. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,\7\ in general, and Sections 6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it provides an equitable allocation of reasonable fees among users and recipients of the data and is not [[Page 12188]] designed to permit unfair discrimination among customers, issuers, and brokers. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 15 U.S.C. 78f(b)(4), (5). --------------------------------------------------------------------------- The Exchange believes the proposal to eliminate the access fees, display fees for professional users, and non-display fees associated with its proprietary market data products for customers that are Federal agencies is reasonable, equitable and not unfairly discriminatory because it is designed to facilitate federal government regulation without giving an undue advantage to one set of commercial users over another. The Exchange believes that it is reasonable to assess no fees to Federal agencies that subscribe to the Exchange's proprietary market data products because Federal agencies do not use the Exchange's proprietary market data for commercial gain, but only for regulatory purposes. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. In setting the proposed fees, the Exchange considered the competitiveness of the market for proprietary data and all of the implications of that competition. The Federal agencies that will benefit from the proposed rule change, however, do not use the Exchange's proprietary market data products for commercial purposes and do not compete with commercial users of the data. The Exchange believes that it has considered all relevant factors and has not considered irrelevant factors in order to establish fair, reasonable, and not unreasonably discriminatory fees and an equitable allocation of fees among all users. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change is effective upon filing pursuant to Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b- 4 \10\ thereunder, because it establishes a due, fee, or other charge imposed by the Exchange. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \11\ 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 CommentsUse 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-2016-28 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEMKT-2016-28. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office 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-2016-28 and should be submitted on or before March 29, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\12\ Robert W. Errett, Deputy Secretary. --------------------------------------------------------------------------- \12\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- [FR Doc. 2016-05040 Filed 3-7-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices 12187
Commission, 100 F Street NE., SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s
Washington, DC 20549–1090. COMMISSION Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
All submissions should refer to File
[Release No. 34–77275; File No. SR– Change
Number SR–BX–2016–013. This file
number should be included on the NYSEMKT–2016–28] 1. Purpose
subject line if email is used. To help the The Exchange proposes to amend the
Self-Regulatory Organizations; NYSE
Commission process and review your NYSE Amex Options Proprietary Market
MKT LLC; Notice of Filing and
comments more efficiently, please use Data Fee Schedule (‘‘Fee Schedule’’), to
Immediate Effectiveness of a Proposed
only one method. The Commission will provide that market data fees do not
Change Amending the Fees for NYSE
post all comments on the Commission’s apply to any Federal agency for their
Amex Options Proprietary Market Data
Internet Web site (http://www.sec.gov/ use of NYSE Amex Options real-time
as They Apply to Federal Agency proprietary market data products. The
rules/sro.shtml). Copies of the
Customers term ‘‘Federal agency’’ as used in the
submission, all subsequent
amendments, all written statements March 2, 2016. Fee Schedule would include all Federal
with respect to the proposed rule agencies subject to the Federal
Pursuant to Section 19(b)(1) 1 of the Acquisition Regulation (FAR),4 as well
change that are filed with the
Securities Exchange Act of 1934 (the as any Federal agency not subject to
Commission, and all written
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 FAR that has promulgated its own
communications relating to the
notice is hereby given that, on February procurement rules.5
proposed rule change between the
17, 2016, NYSE MKT LLC (the The Exchange is proposing to specify
Commission and any person, other than
‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with that access fees, professional user fees
those that may be withheld from the
the Securities and Exchange and non-display fees do not apply to
public in accordance with the
Commission (the ‘‘Commission’’) the Federal agencies for those products to
provisions of 5 U.S.C. 552, will be which those fees apply.6 The proposal
proposed rule change as described in
available for Web site viewing and is designed to allow the Exchange to
Items I, II, and III below, which Items
printing in the Commission’s Public provide Federal agencies with NYSE
have been prepared by the self-
Reference Room, 100 F Street NE., Amex Options real-time proprietary
regulatory organization. The
Washington, DC 20549 on official market data products at no cost in
Commission is publishing this notice to
business days between the hours of support of Federal agencies’ regulatory
solicit comments on the proposed rule
10:00 a.m. and 3:00 p.m. Copies of the responsibilities. With the adoption of
change from interested persons.
filing also will be available for the proposed fee waiver, the Exchange
inspection and copying at the principal I. Self-Regulatory Organization’s is not waiving any of its contractual
office of the Exchange. All comments Statement of the Terms of Substance of rights and all Federal agencies that
received will be posted without change; the Proposed Rule Change subscribe to NYSE Amex Options real-
the Commission does not edit personal time proprietary market data products
identifying information from The Exchange proposes to amend the will be required to execute the
submissions. You should submit only fees for NYSE Amex Options appropriate subscriber agreement,
information that you wish to make proprietary market data as they apply to which include [sic], among other things,
available publicly. All submissions Federal agency customers. The provisions against the redistribution of
should refer to File Number SR–BX– proposed change is available on the data.
2016–013, and should be submitted on Exchange’s Web site at www.nyse.com,
2. Statutory Basis
or before March 29, 2016. at the principal office of the Exchange,
and at the Commission’s Public The Exchange believes that the
For the Commission, by the Division of Reference Room. proposed rule change is consistent with
Trading and Markets, pursuant to delegated the provisions of Section 6 of the Act,7
authority.14 II. Self-Regulatory Organization’s in general, and Sections 6(b)(4) and
Robert W. Errett, Statement of the Purpose of, and 6(b)(5) of the Act,8 in particular, in that
Deputy Secretary. Statutory Basis for, the Proposed Rule it provides an equitable allocation of
[FR Doc. 2016–05122 Filed 3–7–16; 8:45 am] Change reasonable fees among users and
recipients of the data and is not
BILLING CODE 8011–01–P In its filing with the Commission, the
self-regulatory organization included 4 FAR is the principal set of rules governing the
statements concerning the purpose of, process by which the U.S. federal government
and basis for, the proposed rule change purchases goods and services.
5 See 48 CFR 2.101. FAR defines ‘‘Federal
and discussed any comments it received
agency’’ as ‘‘any executive agency or any
on the proposed rule change. The text independent establishment in the legislative or
of those statements may be examined at judicial branch of the Government (except the
the places specified in Item IV below. Senate, the House of Representatives, the Architect
of the Capitol, and any activities under the
The Exchange has prepared summaries, Architect’s direction).’’ ‘‘Executive agency’’ is
asabaliauskas on DSK3SPTVN1PROD with NOTICES
set forth in sections A, B, and C below, defined as ‘‘an executive department, a military
of the most significant parts of such department, or any independent establishment
within the meaning of 5 U.S.C. 101, 102, and
statements. 104(1), respectively, and any wholly owned
Government corporation within the meaning of 31
U.S.C. 9101.’’
6 These products are currently Amex Options
1 15 U.S.C. 78s(b)(1). Product and Amex Options Complex.
2 15 U.S.C. 78a. 7 15 U.S.C. 78f(b).
14 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. 8 15 U.S.C. 78f(b)(4), (5).
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![12188 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices
designed to permit unfair fee, or other charge imposed by the filing also will be available for
discrimination among customers, Exchange. inspection and copying at the principal
issuers, and brokers. At any time within 60 days of the office of the Exchange. All comments
The Exchange believes the proposal to filing of such proposed rule change, the received will be posted without change;
eliminate the access fees, display fees Commission summarily may the Commission does not edit personal
for professional users, and non-display temporarily suspend such rule change if identifying information from
fees associated with its proprietary it appears to the Commission that such submissions. You should submit only
market data products for customers that action is necessary or appropriate in the information that you wish to make
are Federal agencies is reasonable, public interest, for the protection of available publicly. All submissions
equitable and not unfairly investors, or otherwise in furtherance of should refer to File Number SR–
discriminatory because it is designed to the purposes of the Act. If the NYSEMKT–2016–28 and should be
facilitate federal government regulation Commission takes such action, the submitted on or before March 29, 2016.
without giving an undue advantage to Commission shall institute proceedings For the Commission, by the Division of
one set of commercial users over under Section 19(b)(2)(B) 11 of the Act to Trading and Markets, pursuant to delegated
another. The Exchange believes that it is determine whether the proposed rule authority.12
reasonable to assess no fees to Federal change should be approved or Robert W. Errett,
agencies that subscribe to the disapproved. Deputy Secretary.
Exchange’s proprietary market data IV. Solicitation of Comments [FR Doc. 2016–05040 Filed 3–7–16; 8:45 am]
products because Federal agencies do Interested persons are invited to BILLING CODE 8011–01–P
not use the Exchange’s proprietary submit written data, views, and
market data for commercial gain, but arguments concerning the foregoing,
only for regulatory purposes. including whether the proposed rule SECURITIES AND EXCHANGE
change is consistent with the Act. COMMISSION
B. Self-Regulatory Organization’s
Statement on Burden on Competition Comments may be submitted by any of [Release No. 34–77276; File No. SR–
the following methods: NYSEArca–2016–32]
The Exchange does not believe that
the proposed rule change will impose Electronic Comments
Self-Regulatory Organizations; NYSE
any burden on competition that is not • Use the Commission’s Internet Arca, Inc.; Notice of Filing and
necessary or appropriate in furtherance comment form (http://www.sec.gov/ Immediate Effectiveness of a Proposed
of the purposes of the Act. In setting the rules/sro.shtml); or Rule Change Amending the Fees for
proposed fees, the Exchange considered • Send an email to rule-comments@ NYSE Arca Options Proprietary Market
the competitiveness of the market for sec.gov. Please include File Number SR– Data as They Apply to Federal Agency
proprietary data and all of the NYSEMKT–2016–28 on the subject line. Customers
implications of that competition. The Paper Comments
Federal agencies that will benefit from March 2, 2016.
the proposed rule change, however, do • Send paper comments in triplicate Pursuant to Section 19(b)(1) 1 of the
not use the Exchange’s proprietary to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the
market data products for commercial Commission, 100 F Street NE., ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
purposes and do not compete with Washington, DC 20549–1090. notice is hereby given that, on February
commercial users of the data. The All submissions should refer to File 17, 2016, NYSE Arca, Inc. (the
Exchange believes that it has considered Number SR–NYSEMKT–2016–28. This ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
all relevant factors and has not file number should be included on the the Securities and Exchange
considered irrelevant factors in order to subject line if email is used. To help the Commission (the ‘‘Commission’’) the
establish fair, reasonable, and not Commission process and review your proposed rule change as described in
unreasonably discriminatory fees and an comments more efficiently, please use Items I, II, and III below, which Items
equitable allocation of fees among all only one method. The Commission will have been prepared by the self-
users. post all comments on the Commission’s regulatory organization. The
Internet Web site (http://www.sec.gov/ Commission is publishing this notice to
C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the solicit comments on the proposed rule
Statement on Comments on the submission, all subsequent change from interested persons.
Proposed Rule Change Received From amendments, all written statements
Members, Participants, or Others with respect to the proposed rule I. Self-Regulatory Organization’s
change that are filed with the Statement of the Terms of Substance of
No written comments were solicited Commission, and all written the Proposed Rule Change
or received with respect to the proposed communications relating to the The Exchange proposes to amend the
rule change. proposed rule change between the fees for NYSE Arca Options proprietary
III. Date of Effectiveness of the Commission and any person, other than market data as they apply to Federal
Proposed Rule Change and Timing for those that may be withheld from the agency customers. The proposed rule
Commission Action public in accordance with the change is available on the Exchange’s
provisions of 5 U.S.C. 552, will be
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Web site at www.nyse.com, at the
The foregoing rule change is effective available for Web site viewing and principal office of the Exchange, and at
upon filing pursuant to Section printing in the Commission’s Public the Commission’s Public Reference
19(b)(3)(A) 9 of the Act and Reference Room, 100 F Street NE., Room.
subparagraph (f)(2) of Rule 19b–4 10 Washington, DC 20549 on official
thereunder, because it establishes a due, business days between the hours of 12 17 CFR 200.30–3(a)(12).
10:00 a.m. and 3:00 p.m. Copies of the 1 15 U.S.C. 78s(b)(1).
9 15 U.S.C. 78s(b)(3)(A). 2 15 U.S.C. 78a.
10 17 CFR 240.19b–4(f)(2). 11 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4.
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Document Created: 2018-02-02 15:09:56
Document Modified: 2018-02-02 15:09:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 12187 |
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