Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Implementing a Cap on Vendors' Administrative Charges for NYSE OpenBook, 16017-16018 [E9-7868]
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Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59681; File No. SR–NYSE–
2009–37]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing of Proposed Rule Change
Implementing a Cap on Vendors’
Administrative Charges for NYSE
OpenBook
April 1, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 26,
2009, the New York Stock Exchange
LLC (‘‘NYSE’’ or ‘‘Exchange’’), 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to introduce a
cap on the monthly charges that brokerdealers and vendors are required to pay
for their use of NYSE OpenBook data for
the purposes of administering their
provision of NYSE OpenBook product
offerings. The text of the proposed rule
change is available at the Exchange, the
Commission’s Public Reference Room,
and https://www.nyse.com.
rwilkins on PROD1PC63 with NOTICES
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.
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
17:05 Apr 07, 2009
1. Purpose
NYSE OpenBook responds to the
desire of some market participants for
depth-of-book data. It is a compilation
of limit order data that the Exchange
provides to market data vendors through
a data feed.
Recently, the Commission approved
the Exchange’s proposed rule change to,
among other things, establish a one-year
pilot program to simplify and
modernize market data administration
(the ‘‘Unit of Count Filing’’).3 It
proposed to do so by redefining some of
the basic ‘‘units of measure’’ that
vendors are required to report to the
Exchange and on which the Exchange
bases its fees for its NYSE OpenBook
product packages.
Previously, the Exchange required
broker-dealers and vendors to report
and pay for, among other devices, all
devices that they use to administer their
provision of NYSE OpenBook services
to their external customers. Under the
Unit of Count Filing, in connection with
a vendor’s internal distribution of NYSE
OpenBook data, the vendor would be
required to count as one fee-liable
entitlement each unique individual (but
not devices) that the vendor has entitled
to have access to the Exchange’s NYSE
OpenBook data. This would include
vendor personnel whose sole function is
to administer the vendor’s market data
services externally, that is, to the
vendor’s customers.
After discussions with vendors, the
Exchange seeks to simplify, limit, and
clarify the vendor’s payment obligation
for administering NYSE OpenBook
services. For that reason, the Exchange
proposes to modify its policy regarding
the payment of fees in respect of each
unique individual that is affiliated with
the vendor, and to whom the vendor
distributes NYSE OpenBook data
internally for administrative purposes.
A person is ‘‘affiliated’’ with the vendor
if he or she is an officer, partner,
member, or employee of the vendor or
an affiliate of the vendor or enjoys a
similar status with the vendor or
affiliate.
Thus, the Exchange proposes to
continue its practice of charging user
fees for internal use of data, but
proposes to establish a maximum
monthly amount of $1500 (the
‘‘Monthly Maximum’’) for entitlements
3 See Release No. 34–59544; 74 Federal Register
11162 (March 16, 2009); File No. SR–NYSE–2008–
131.
1 15
VerDate Nov<24>2008
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
Jkt 217001
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
16017
consisting of unique individuals within
a vendor’s organization to whom the
vendor distributes NYSE OpenBook
data for the sole purpose of
administering the vendor’s distribution
of NYSE OpenBook services externally
to the vendor’s customers. The Monthly
Maximum of $1500 means that a vendor
would have to pay for no more than 25
NYSE OpenBook administrative
personnel.
For this purpose, the Exchange deems
‘‘administer’’ to mean monitoring and
surveilling the receipt and use of NYSE
OpenBook data by the vendor’s
customers, marketing NYSE OpenBook
data to potential new customers,
performing the Exchange-required
reporting function and the performance
of similar functions relating to the
vendor’s provision of NYSE OpenBook
services to its external customers. It
does not include, among other things,
the use of OpenBook data to monitor
securities, to make trading decisions, to
value portfolios, in news rooms, or
otherwise to use NYSE OpenBook data
to perform any functions not related to
the provision of NYSE OpenBook
functions to the vendor’s external
customers.
The purpose of this exception is to
permit vendors to cap their financial
exposure in performing their NYSE
OpenBook administrative functions and
to simplify the tracking and reporting of
devices used in the administrative
function. The vendor need only divide
its internal personnel, using the data,
into two categories: Those using the
data to support the vendor’s external
service, and those using the data for any
other purposes. Alternatively, a vendor
that makes no other internal use of data
other than supporting its external
service can decide to pay the monthly
maximum without the need to track and
report any internal usage. At the same
time, the Exchange must guard against
potential abuse of this exception.
Therefore, the Exchange reserves the
rights under its contracts with vendors
to monitor its use closely and to deny
application of this exception if it
discovers that a vendor is misusing it,
such as by allowing personnel to use
NYSE OpenBook for non-administrative
functions.
Any vendor that distributes NYSE
OpenBook data externally to customers
is entitled to take advantage of the
Monthly Maximum, though it
anticipates that only the largest vendors
devote sufficient personnel to
administrative functions to take
advantage of the Monthly Maximum. In
the Exchange’s view, limiting the fee
exposure of its largest vendors does not
unreasonably discriminate against other
E:\FR\FM\08APN1.SGM
08APN1
16018
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices
vendors under Section 603(a)(2) of
Regulation NMS.
NYSE OpenBook is subject to
significant competitive forces and the
establishment of the Monthly Maximum
represents a response to that
competition. As the Exchange stated in
the Unit of Count Filing, the Exchange
competes intensely for order flow,
competing with the other 10 national
securities exchanges, with ECNs, with
quotes posted in FINRA’s ADF and
TRFs, with alternative trading systems,
and with securities firms that primarily
trade as principal with their customer
order flow. The competition is free
produce [sic] depth-of-book products,
and Nasdaq, NYSE Arca, and BATS are
among those who currently do.
In addition, the Exchange believes
that no substantial countervailing bases
exists to support a finding that the
Monthly Maximum for NYSE OpenBook
fails to meet the requirement of the Act.
In sum, the Exchange believes that the
proposed Monthly Maximum is fair and
reasonable.
2. Statutory Basis
The bases under the Act for this
proposed rule change are the
requirement under Section 6(b)(4) 4 that
an exchange have rules that provide for
the equitable allocation of reasonable
dues, fees and other charges among its
members and other persons using its
facilities and the requirements under
Section 6(b)(5) 5 that the rules of an
exchange be designed to promote just
and equitable principles of trade and to
remove impediments to, and perfect the
mechanism of, a free and open market
and a national market system.
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.
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.
rwilkins on PROD1PC63 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
4 15
5 15
U.S.C. 78f(b)(4).
U.S.C. 78f(b)(5).
VerDate Nov<24>2008
17:05 Apr 07, 2009
Jkt 217001
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the Exchange consents,
the Commission will:
(A) By order approve the proposed
rule change, or
(B) Institute proceedings to determine
whether the proposed rule change
should be 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–NYSE–2009–37 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSE–2009–37. This file
number should be included on the
subject line if e-mail 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 (https://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 inspection and copying in
the Commission’s Public Reference
Room, on official business days between
the hours of 10 a.m. and 3 p.m. Copies
of such 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
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
available publicly. All submissions
should refer to File Number SR–NYSE–
2009–37 and should be submitted on or
before April 29, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–7868 Filed 4–7–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59676; File No. SR–CBOE–
2009–020]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Change the Close of
Trading Hours on the Last Day of
Trading in Expiring Quarterly Index
Expirations
April 1, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 18,
2009, the Chicago Board Options
Exchange, Incorporated (‘‘Exchange’’ or
‘‘CBOE’’) 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 Exchange. The
Exchange filed the proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of
the Act 3 and Rule 19b–4(f)(6)
thereunder.4 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
CBOE proposes to amend Rule 24.6 to
change the close of trading hours from
3:15 p.m. (Chicago time) to 3 p.m.
(Chicago time) on the last day of trading
in expiring Quarterly Index Expirations
(‘‘QIXs’’). The filing also proposes to
amend Rule 24.9(c) by adding the MiniSPX Index to the list of broad-based
indices on which the Exchange may list
QIXs. In addition, the filing proposes to
amend Rule 24.9 by making technical
6 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
E:\FR\FM\08APN1.SGM
08APN1
Agencies
[Federal Register Volume 74, Number 66 (Wednesday, April 8, 2009)]
[Notices]
[Pages 16017-16018]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7868]
[[Page 16017]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59681; File No. SR-NYSE-2009-37]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Implementing a Cap on Vendors'
Administrative Charges for NYSE OpenBook
April 1, 2009.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 26, 2009, the New York Stock Exchange LLC (``NYSE'' or
``Exchange''), 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 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 introduce a cap on the monthly charges
that broker-dealers and vendors are required to pay for their use of
NYSE OpenBook data for the purposes of administering their provision of
NYSE OpenBook product offerings. The text of the proposed rule change
is available at the Exchange, the Commission's Public Reference Room,
and https://www.nyse.com.
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 OpenBook responds to the desire of some market participants
for depth-of-book data. It is a compilation of limit order data that
the Exchange provides to market data vendors through a data feed.
Recently, the Commission approved the Exchange's proposed rule
change to, among other things, establish a one-year pilot program to
simplify and modernize market data administration (the ``Unit of Count
Filing'').\3\ It proposed to do so by redefining some of the basic
``units of measure'' that vendors are required to report to the
Exchange and on which the Exchange bases its fees for its NYSE OpenBook
product packages.
---------------------------------------------------------------------------
\3\ See Release No. 34-59544; 74 Federal Register 11162 (March
16, 2009); File No. SR-NYSE-2008-131.
---------------------------------------------------------------------------
Previously, the Exchange required broker-dealers and vendors to
report and pay for, among other devices, all devices that they use to
administer their provision of NYSE OpenBook services to their external
customers. Under the Unit of Count Filing, in connection with a
vendor's internal distribution of NYSE OpenBook data, the vendor would
be required to count as one fee-liable entitlement each unique
individual (but not devices) that the vendor has entitled to have
access to the Exchange's NYSE OpenBook data. This would include vendor
personnel whose sole function is to administer the vendor's market data
services externally, that is, to the vendor's customers.
After discussions with vendors, the Exchange seeks to simplify,
limit, and clarify the vendor's payment obligation for administering
NYSE OpenBook services. For that reason, the Exchange proposes to
modify its policy regarding the payment of fees in respect of each
unique individual that is affiliated with the vendor, and to whom the
vendor distributes NYSE OpenBook data internally for administrative
purposes. A person is ``affiliated'' with the vendor if he or she is an
officer, partner, member, or employee of the vendor or an affiliate of
the vendor or enjoys a similar status with the vendor or affiliate.
Thus, the Exchange proposes to continue its practice of charging
user fees for internal use of data, but proposes to establish a maximum
monthly amount of $1500 (the ``Monthly Maximum'') for entitlements
consisting of unique individuals within a vendor's organization to whom
the vendor distributes NYSE OpenBook data for the sole purpose of
administering the vendor's distribution of NYSE OpenBook services
externally to the vendor's customers. The Monthly Maximum of $1500
means that a vendor would have to pay for no more than 25 NYSE OpenBook
administrative personnel.
For this purpose, the Exchange deems ``administer'' to mean
monitoring and surveilling the receipt and use of NYSE OpenBook data by
the vendor's customers, marketing NYSE OpenBook data to potential new
customers, performing the Exchange-required reporting function and the
performance of similar functions relating to the vendor's provision of
NYSE OpenBook services to its external customers. It does not include,
among other things, the use of OpenBook data to monitor securities, to
make trading decisions, to value portfolios, in news rooms, or
otherwise to use NYSE OpenBook data to perform any functions not
related to the provision of NYSE OpenBook functions to the vendor's
external customers.
The purpose of this exception is to permit vendors to cap their
financial exposure in performing their NYSE OpenBook administrative
functions and to simplify the tracking and reporting of devices used in
the administrative function. The vendor need only divide its internal
personnel, using the data, into two categories: Those using the data to
support the vendor's external service, and those using the data for any
other purposes. Alternatively, a vendor that makes no other internal
use of data other than supporting its external service can decide to
pay the monthly maximum without the need to track and report any
internal usage. At the same time, the Exchange must guard against
potential abuse of this exception. Therefore, the Exchange reserves the
rights under its contracts with vendors to monitor its use closely and
to deny application of this exception if it discovers that a vendor is
misusing it, such as by allowing personnel to use NYSE OpenBook for
non-administrative functions.
Any vendor that distributes NYSE OpenBook data externally to
customers is entitled to take advantage of the Monthly Maximum, though
it anticipates that only the largest vendors devote sufficient
personnel to administrative functions to take advantage of the Monthly
Maximum. In the Exchange's view, limiting the fee exposure of its
largest vendors does not unreasonably discriminate against other
[[Page 16018]]
vendors under Section 603(a)(2) of Regulation NMS.
NYSE OpenBook is subject to significant competitive forces and the
establishment of the Monthly Maximum represents a response to that
competition. As the Exchange stated in the Unit of Count Filing, the
Exchange competes intensely for order flow, competing with the other 10
national securities exchanges, with ECNs, with quotes posted in FINRA's
ADF and TRFs, with alternative trading systems, and with securities
firms that primarily trade as principal with their customer order flow.
The competition is free produce [sic] depth-of-book products, and
Nasdaq, NYSE Arca, and BATS are among those who currently do.
In addition, the Exchange believes that no substantial
countervailing bases exists to support a finding that the Monthly
Maximum for NYSE OpenBook fails to meet the requirement of the Act.
In sum, the Exchange believes that the proposed Monthly Maximum is
fair and reasonable.
2. Statutory Basis
The bases under the Act for this proposed rule change are the
requirement under Section 6(b)(4) \4\ that an exchange have rules that
provide for the equitable allocation of reasonable dues, fees and other
charges among its members and other persons using its facilities and
the requirements under Section 6(b)(5) \5\ that the rules of an
exchange be designed to promote just and equitable principles of trade
and to remove impediments to, and perfect the mechanism of, a free and
open market and a national market system.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b)(4).
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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.
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
Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
(A) By order approve the proposed rule change, or
(B) Institute proceedings to determine whether the proposed rule
change should be 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 (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File No. SR-NYSE-2009-37 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSE-2009-37. This file
number should be included on the subject line if e-mail 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 (https://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 inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such 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-
NYSE-2009-37 and should be submitted on or before April 29, 2009.
---------------------------------------------------------------------------
\6\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-7868 Filed 4-7-09; 8:45 am]
BILLING CODE 8010-01-P