Securities and Exchange Commission
- [Release No. 34-106076; File No. SR-NYSEARCA-2026-84]
Pursuant to Section 19(b)(1) [1] of the Securities Exchange Act of 1934 (“Act”) [2] and Rule 19b-4 thereunder,[3] notice is hereby given that, on August 7, 2026, NYSE Arca, Inc. (“NYSE Arca” or the “Exchange”) 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.
I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change
The Exchange proposes to introduce a new version of the NYSE Options Open-Close Volume Summary to be known as the One-Minute Interval Intra-Day Report. This proposal is based on proposals from other options exchanges that offer substantively similar data products.[4] The proposed rule change is available on the Exchange's website at www.nyse.com and at the principal office of the Exchange.
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 introduce a new version of the NYSE Options Open-Close Volume Summary to be known as the One-Minute Interval Intra-Day Report, which will be available to all subscribers. The proposed One-Minute Interval Intra-Day Report is based on market data products currently available on other options exchanges.[5]
By way of background, the Exchange currently offers two versions of the NYSE Options Open-Close Volume Summary, an End of Day (“EOD”) Volume Summary product and an Intra-Day Volume Summary product.[6]
The EOD Volume Summary is an end-of-day volume summary of trading activity on the Exchange at the option level by origin (Customer, Professional Customer, Firm, Broker-Dealer, and Market Maker [7] ), side of the market (buy or sell), contract volume, and transaction type (opening or closing). The Customer, Professional Customer, Firm, Broker-Dealer, and Market Maker volume is further broken down into trade size buckets (less than 100 contracts, 100-199 contracts, greater than 199 contracts). The EOD Volume Summary is proprietary Exchange trade data and does not include trade data from any other exchange. It is also a historical data product and not a real-time data feed.
The Exchange also offers the Intra-Day Volume Summary, which provides similar information to that of EOD Volume Summary, but is produced and updates every 10 minutes during the trading day. Data is captured in ( printed page 52771) “snapshots” taken every 10 minutes throughout the trading day and is available to subscribers within five minutes of the conclusion of each 10-minute period. Each update would represent combined data captured from the current “snapshot” and all previous “snapshots” and thus would provide open-close data on an aggregate basis.[8]
The Exchange now proposes to offer the One-Minute Interval Intra-Day Report that provides the same data as the existing Intra-Day Volume Summary, except that it will be produced and updated every one minute during the trading day (the “One-Minute Interval Intra-Day Report”). The One-Minute Interval Intra-Day Report will be captured in “snapshots” taken every one minute throughout the trading day and would be available to subscribers within five minutes of the conclusion of each one-minute period. Similar to the existing Intra-Day Volume Summary, the proposed One-Minute Interval Intra-Day Report will provide a summary of trading activity on the Exchange at the option level by origin (Customer, Professional Customer, Firm, Broker-Dealer, and Market Maker), side of the market (buy or sell), contract volume, and transaction type (opening or closing). The Customer, Professional Customer, Firm, Broker-Dealer, and Market Maker volume will be further broken down into trade size buckets (less than 100 contracts, 100-199 contracts, greater than 199 contracts). The proposed One-Minute Interval Intra-Day Report will also be proprietary Exchange trade data and will not include trade data from any other exchange.
The Exchange anticipates a wide variety of market participants would utilize and purchase the proposed One-Minute Interval Intra-Day Report, including, but not limited to, individual customers, buy-side investors, and investment banks. The Exchange believes the proposed One-Minute Interval Intra-Day Report may also provide helpful trading information regarding investor sentiment that may allow market participants to make better trading decision throughout the day and may be used to create and test trading models and analytical strategies and provide comprehensive insight into trading on the Exchange. For example, more frequent intra-day open data may allow a market participant to identify new interest or possible risk throughout the trading day, while intra-day closing data may allow a market participant to identify fading interests in a security. The proposed product is a completely voluntary product, in that the Exchange is not required by any rule or regulation to make this data available and that potential subscribers may purchase it only if they voluntarily choose to do so. The Exchange notes that other exchanges have filed proposals with the Commission to offer substantively similar data products as proposed herein with regard to proprietary data of those exchanges.[9]
The Exchange further notes that the data fields themselves that are provided in the existing Intra-Day Volume Summary are the same as the proposed One-Minute Interval Intra-Day Report. The only distinction is that there will be more data reporting intervals provided within the proposed One-Minute Interval Intra-Day Report as the data is delivered based on one-minute intervals as opposed to ten-minute intervals.
The Exchange will establish monthly subscriber fees for the proposed One-Minute Interval Intra-Day Report by way of a separate proposed rule change, which the Exchange will submit prior to the launch of the proposed new data product.
The Exchange will announce the implementation date of the proposed rule change by Trader Update, which, subject to effectiveness of this proposed rule change, will be no later than the end of the fourth quarter of 2026.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) [10] of the Act, in general, and furthers the objectives of Section 6(b)(5) [11] 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.
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 proposed One-Minute Interval Intra-Day Report data product is precisely the sort of market data product evolutions that the Commission envisioned when it adopted Regulation NMS. The proposed rule change would benefit investors by providing access to a new data product that contains information regarding opening and closing activity across different options series during the trading day that would provide investor sentiment and thereby allow market participants to make informed trading decisions throughout the day. Subscribers to the data may also be able to enhance their ability to analyze options trade and volume data and create and test trading models and analytical strategies. Subscribers to the proposed data product may be able to enhance their ability to analyze options trade and volume data on an intraday basis and create and test trading models and analytical strategies. The Exchange believes the proposed One-Minute Interval Intra-Day Report would provide a valuable tool that market participants can use to gain comprehensive insight into the trading activity in a particular series but also emphasizes that such data is not necessary for trading. The Exchange believes that market participants may find it beneficial to receive additional data based on shorter intervals as opposed to the existing 10-minute intervals provided in the current Intra-Day Volume Summary. While use cases are the same as the existing 10-minute intervals currently provided, the increased frequency would provide more current information and more data reporting intervals throughout the day to gain knowledge of the trading activity by origin. The Exchange further notes that it has created this proposed new data product in response to customer feedback. Moreover, as mentioned above, other exchanges currently offer similar data products.[12]
Further, as mentioned above, the Exchange currently provides the Intra-Day Volume Summary, a data product that contains the same values as the proposed One-Minute Interval Intra-Day Report. The only distinction is that the proposed product will be provided on a more frequent basis, allowing market ( printed page 52772) participants to have more data reporting intervals.
B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,[13] 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. Rather, the Exchange believes that the proposal will promote competition by permitting the Exchange to offer a data product similar to those offered by other competitor options exchanges.
The Exchange proposes to introduce the One-Minute Interval Intra-Day Report in order to keep pace with changes in the industry and evolving customer needs and believes this proposed rule change would contribute to robust competition among national securities exchanges, by meeting the needs of such customers. The Exchange has received feedback from customers that additional data intervals would be helpful to review. While use cases are the same as the existing 10-minute intervals currently provided, the increased frequency would provide more current information and more data reporting intervals throughout the trading day to gain knowledge of the trading activity by origin.
Moreover, the proposal would enable the Exchange to offer similar products as those offered by other exchanges.[14] As a result, the Exchange believes this proposed rule change permits fair competition among national securities exchanges. Therefore, the Exchange does not believe the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Furthermore, this product offering is entirely optional and is available to anyone who believes this data will be helpful for their purposes. As such, the Exchange does not believe this proposed rule change places a burden on intra-market competition.
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 [15] and Rule 19b-4(f)(6) thereunder.[16] 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.[17]
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) [18] of the Act to determine whether the proposed rule change should be approved or disapproved.
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 (www.sec.gov/rules/sro.shtml); or
- Send an email torule-comments@sec.gov. Please include file number SR-NYSEARCA-2026-84 on the subject line.
Paper Comments
- Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-NYSEARCA-2026-84. 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 website ( www.sec.gov/rules/sro.shtml). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-NYSEARCA-2026-84 and should be submitted on or before September 4, 2026.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[19]
J. Matthew DeLesDernier,
Deputy Secretary.