[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60201-60204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    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\
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    \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.
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    \12\ 15 U.S.C. 78f(b)(8).
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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.
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
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    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.
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
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    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).
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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