Securities and Exchange Commission
- [Release No. 34-106276; File No. SR-NYSETEX-2026-33]
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 September 2, 2026, the NYSE Texas, Inc. (“NYSE Texas” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II 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 amend the Connectivity Fee Schedule (“Fee Schedule”) regarding colocation services and fees to make a non-substantive change to the lists in Colocation Notes 4 and 5. The proposed rule change is available on the Exchange's website at www.nyse.com and at the principal office of the Exchange. ( printed page 57401)
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 Statutory Basis for, the Proposed Rule Change
1. Purpose
NYSE Texas, Inc. (“NYSE Texas” or the “Exchange”) proposes to amend the Connectivity Fee Schedule (“Fee Schedule”) regarding colocation services and fees to make a non-substantive change to the lists in Colocation Notes 4 and 5.
Colocation Note 4 includes a table of “Included Data Products” that lists the market data feeds that Users [4] can connect to at no additional cost when they purchase a service that includes access to the LCN or IP network.[5] The list currently includes three “NMS Feeds,” two of which are referred to as “CTA” and “CQ.”
Similarly, Colocation Note 5 lists the market data feeds available over the NMS network. As in Colocation Note 4, the list in Colocation Note 5 currently includes three “NMS Feeds,” two of which are referred to as “CTA” and “CQ.”
The names “CTA” and “CQ” do not actually refer to the data feeds themselves, but rather, to the names of the NMS Plans pursuant to which the data feeds are currently disseminated— i.e., the CTA Plan [6] and the CQ Plan.[7] The actual names of the data feeds are “CTS” and “CQS.” [8]
Beginning April 1, 2027,[9] the CTS and CQS data feeds will be produced and disseminated pursuant to a different NMS Plan, the “CT Plan.” There will be no changes to the actual data feeds disseminated, and they will retain their current names of CTS and CQS.
In light of this upcoming transition, the Exchange proposes to amend the list of Included Data Products in Colocation Note 4 and the list of feeds available over the NMS network in Colocation Note 5 to refer to these data feeds by their actual names, CTS and CQS.
This is a non-substantive change. Only the names of the data feeds on the lists in Colocation Notes 4 and 5 would change. There would be no change to the data feeds themselves, nor would there be any change to their inclusion as Included Data Products or feeds available over the NMS network.
2. Statutory Basis
The Exchange believes that its proposal is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange, and, in particular, with the requirements of Section 6(b) of the Act.[10] Specifically, the proposal is consistent with Section 6(b)(5) of the Act [11] because it would promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system, and, in general, protect investors and the public interest.
The Exchange believes the proposed rule change would protect investors and the public interest and perfect the mechanism of a free and open market and a national market system by adding transparency and specificity to the rule. In light of the upcoming transition to the CT Plan, the Exchange believes that market participants may be confused if the lists in Colocation Notes 4 and 5 continue to refer to the CTS and CQS data feeds as “CTA” and “CQ,” potentially prompting questions about whether the data feeds themselves will be changing. The Exchange believes investors and the public interest would be protected by revising the list in advance of such transition to refer to these data feeds by their correct names, CTS and CQS.
As noted above, this is a non-substantive change. Only the names of the data feeds on the lists in Colocation Notes 4 and 5 would change. There would be no change to the data feeds themselves, nor would there be any change to their inclusion as Included Data Products or feeds available over the NMS network.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes that the proposal will not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of Section 6(b)(8) of the Act.[12] Rather than impacting competition, the proposed changes are non-substantive and would enhance the specificity and transparency of the rule.
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
Because the foregoing 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 for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act [13] and subparagraph (f)(6) of Rule 19b-4 thereunder.[14]
At any time within 60 days of the filing of the 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 ( printed page 57402) to determine whether the proposed rule 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-NYSETEX-2026-33 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-NYSETEX-2026-33. 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-NYSETEX-2026-33 and should be submitted on or before September 30, 2026.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[15]
Sherry R. Haywood,
Assistant Secretary.