Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Proprietary Market Data Fee Schedule, 59443-59445 [2021-23344]
Download as PDF
Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
A proposed rule change filed under
Rule 19b–4(f)(6) 30 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),31 the
Commission may designate a shorter
time if such action is consistent with
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay so that it may become
operative immediately upon filing to
allow the Exchange to compete with
exchanges that already have
substantially similar products in place
and to allow potential subscribers to use
and test the data before purchasing the
Open-Close Data Report. The
Commission believes that, as described
above, the Exchange’s proposal does not
raise any new or novel issues.
Therefore, the Commission believes that
waving the 30-day operative delay is
consistent with the protection of
investors and the public interest.
Accordingly, the Commission
designates the proposed rule change to
be operative upon filing.32
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 will institute proceedings
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
lotter on DSK11XQN23PROD with NOTICES1
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BOX–2021–24 on the subject line.
as designated by the Commission. The Exchange
has satisfied this requirement.
30 17 CFR 240.19b–4(f)(6).
31 17 CFR 240.19b–4(f)(6).
32 For purposes only of waiving the 30-day
operative delay, the Commission also has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
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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–BOX–2021–24. 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 (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 website 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.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–BOX–2021–24 and should
be submitted on or before November 17,
2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.33
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–23343 Filed 10–26–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–93399; File No. SR–NYSE–
2021–62]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend the
NYSE Proprietary Market Data Fee
Schedule
October 21, 2021.
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 October
14, 2021, New York Stock Exchange
LLC (‘‘NYSE’’ 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 selfregulatory 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
NYSE Proprietary Market Data Fee
Schedule (‘‘Market Data Fee Schedule’’)
to delete reference to the NYSE Alerts
market data product and associated fees
from the Market Data Fee Schedule
effective immediately. The proposed
rule change is available on the
Exchange’s website 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.
15 U.S.C. 78s(b)(1).
15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1
2
33 17
PO 00000
CFR 200.30–3(a)(12).
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Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend the
Market Data Fee Schedule to delete
reference to the NYSE Alerts market
data product and associated fees from
the Market Data Fee Schedule effective
immediately.
In 2004, pursuant to Securities and
Exchange Commission approval, the
Exchange adopted the NYSE Alerts
market data product.4 In 2019, the
Exchange discontinued offering the
NYSE Alerts market data product.5 As a
result, reference on the Market Data Fee
Schedule to the NYSE Alerts market
data product and fees associated with
the NYSE Alerts market data product
have both become obsolete. Therefore,
the Exchange proposes to remove
reference to NYSE Alerts and fees
associated with NYSE Alerts from the
Market Data Fee Schedule. The
proposed rule change is intended to
streamline the Market Data Fee
Schedule by eliminating obsolete rule
text.
2. Statutory Basis
lotter on DSK11XQN23PROD with NOTICES1
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,6 in general, and
furthers the objectives of Sections
6(b)(4) and (5) of the Act,7 in particular,
because it provides for the equitable
allocation of reasonable dues, fees, and
other charges among its members,
issuers and other persons using its
facilities and does not unfairly
discriminate between customers,
issuers, brokers or dealers.
The Exchange believes that the
proposed rule change would remove
4 See Securities Exchange Act Release No. 50844
(Dec. 13, 2004), 69 FR 76806 (Dec. 22, 2004) (SR–
NYSE–2004–53) (Order Granting Approval to
Proposed Rule Change and Amendment Nos. 1 and
2 Relating to a Fee for the NYSE Alerts Datafeed);
see also Securities Exchange Act Release No. 50639
(November 5, 2004), 69 FR 65488 (November 12,
2004) (Notice of Filing of Proposed Rule Change
and Amendment Nos. 1 and 2 by New York Stock
Exchange, Inc. Relating to a Fee for the NYSE Alerts
Datafeed). In 2016, the Exchange adopted a multiple
data feed fee for NYSE Alerts. See Securities
Exchange Act Release No. 76972 (Jan. 26, 2016), 81
FR 5143 (Feb. 1, 2016) (SR–NYSE–2016–08) (Notice
of Filing and Immediate Effectiveness of a Proposed
Rule Change Amending the Fees for NYSE Order
Imbalances and NYSE Alerts).
5 See Securities Exchange Act Release No. 86492
(Jul. 26, 2019), 84 FR 37702 (Aug. 1, 2019) (SR–
NYSE–2019–42) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change To
Discontinue the NYSE Alerts Market Data Product
Offering).
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(4) and (5).
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16:47 Oct 26, 2021
Jkt 256001
impediments to and perfect the
mechanism of a free and open market
and a national market system because it
would eliminate rule text that is now
obsolete, thereby improving the clarity
of the Exchange’s rules and enabling
market participants to more easily
navigate the Market Data Fee Schedule.
The Exchange also believes that the
proposed change would protect
investors and the public interest
because the deletion of obsolete text
would make the Market Data Fee
Schedule more accessible and
transparent and facilitate market
participants’ understanding of the fees
charged for services currently offered by
the Exchange. The Exchange believes
the proposed rule change is reasonable
because it would streamline the Market
Data Fee Schedule by deleting obsolete
rule text. The Exchange believes
deleting obsolete rule text would
promote clarity to the Fee Schedule and
reduce confusion to market participants
as to which fees are applicable to them.
The Exchange believes deleting
obsolete rule text would also simplify
the Market Data Fee Schedule. The
Exchange believes that deleting obsolete
rule text from the Market Data Fee
Schedule is equitable and not unfairly
discriminatory because the resulting
streamlined Market Data Fee Schedule
would continue to apply to all market
participants as it does currently because
the Exchange is not adopting any new
fees or removing any current fees from
the Market Data Fee Schedule. All
market participants would continue to
be subject to the same fees that currently
apply to them.
For the foregoing reasons, the
Exchange believes that the proposal is
consistent with the Act.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,8 the Exchange believes that the
proposed rule change would not impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. Instead, as
discussed above, the proposal relates
solely to elimination of obsolete fees
and, as such, would not have any
impact on intra- or inter-market
competition because the proposed
change is solely designed to accurately
reflect the services that the Exchange
currently offers, thereby adding clarity
to the Market Data Fee Schedule.
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.
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.
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 email to rule-comments@
sec.gov. Please include File Number
SR–NYSE–2021–62 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–NYSE–2021–62. 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 (https://www.sec.gov/
15 U.S.C. 78s(b)(3)(A).
17 CFR 240.19b–4(f)(2).
11 15 U.S.C. 78s(b)(2)(B).
9
10
8
PO 00000
15 U.S.C. 78f(b)(8).
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E:\FR\FM\27OCN1.SGM
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Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
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 website 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.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSE–2021–62 and should
be submitted on or before November 17,
2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–23344 Filed 10–26–21; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Reporting and Recordkeeping
Requirements Under OMB Review
Small Business Administration.
30-Day notice.
AGENCY:
ACTION:
The Small Business
Administration (SBA) is seeking
approval from the Office of Management
and Budget (OMB) for the information
collection described below. In
accordance with the Paperwork
Reduction Act and OMB procedures,
SBA is publishing this notice to allow
all interested member of the public an
additional 30 days to provide comments
on the proposed collection of
information.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
Submit comments on or before
November 26, 2021.
ADDRESSES: Written comments and
recommendations for this information
collection request should be sent within
DATES:
12
17 CFR 200.30–3(a)(12).
VerDate Sep<11>2014
16:47 Oct 26, 2021
Jkt 256001
30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection request by selecting ‘‘Small
Business Administration’’; ‘‘Currently
Under Review,’’ then select the ‘‘Only
Show ICR for Public Comment’’
checkbox. This information collection
can be identified by title and/or OMB
Control Number.
FOR FURTHER INFORMATION CONTACT:
Curtis Rich, Agency Clearance Officer,
(202) 205–7030 curtis.rich@sba.gov.
Copies: You may obtain a copy of the
information collection and supporting
documents from the Agency Clearance
Officer.
Section
324 of the Economic Aid to Hard-Hit
Small Businesses, Nonprofits, and
Venues Act, (Economic Aid Act), Div. N,
Title III of Public Law 116–260 (12/27/
20), authorizes SBA to provide grants of
up to $10 million dollars under the
Shuttered Venue Operators Grant
(SVOG) program to certain eligible
persons or entities: A live venue
operator or promoter, theatrical
producer, or live performing arts
organization operator, museum
operator, motion picture theatre
operator, or talent representative subject
to the statutory eligibility requirements
and the availability of funds. This
information collection is used by SBA’s
Office of Disaster Assistance (ODA) to
make a preliminary determination on
whether an applicant meets certain
threshold eligibility requirements to
receive a SVOG award.
In order to expedite implementation
of the SVOG program, SBA received
emergency clearance of this information
pursuant to the procedures in 5 CFR
1320.13. That approval, which included
waiver of the 60-day and 30-day public
comment notices, expires on October
31, 2021. SBA published the 60-day
notice August 4, 2021, at 86 FR 42005;
no comments were received by October
4, 2021, the comment end date. The
public is once again invited to submit
comments as instructed in the DATES
and ADDRESSES sections above.
SUPPLEMENTARY INFORMATION:
Solicitation of Public Comments
Comments may be submitted on (a)
whether the collection of information is
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
there are ways to enhance the quality,
utility, and clarity of the information.
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
59445
Title: Shuttered Venues Grant
Application.
OMB Control Number: 3245–0420.
Description of Respondents: Eligible
persons or entities seeking grant
assistance: A live venue operator or
promoter, theatrical producer, or live
performing arts organization operator,
museum operator, motion picture
theatre operator, or talent
representative.
Estimated Annual Responses: 10,000.
Estimated Annual Hour Burden:
20,000.
Curtis Rich,
Management Analyst.
[FR Doc. 2021–23313 Filed 10–26–21; 8:45 am]
BILLING CODE 8026–03–P
DEPARTMENT OF STATE
[Public Notice: 11568]
Notice of Determinations; Culturally
Significant Objects Being Imported for
Exhibition—Determinations:
‘‘Mixpantli: Space, Time, and the
Indigenous Origins of Mexico’’
Exhibition
Notice is hereby given of the
following determinations: I hereby
determine that certain objects being
imported from abroad pursuant to
agreements with their foreign owners or
custodians for temporary display in the
exhibition ‘‘Mixpantli: Space, Time, and
the Indigenous Origins of Mexico’’ at
the Los Angeles County Museum of Art,
Los Angeles, California, and at possible
additional exhibitions or venues yet to
be determined, are of cultural
significance, and, further, that their
temporary exhibition or display within
the United States as aforementioned is
in the national interest. I have ordered
that Public Notice of these
determinations be published in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Chi
D. Tran, Program Administrator, Office
of the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State,
L/PD, 2200 C Street NW (SA–5), Suite
5H03, Washington, DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 12047 of
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, and
SUMMARY:
E:\FR\FM\27OCN1.SGM
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Agencies
[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59443-59445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23344]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-93399; File No. SR-NYSE-2021-62]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the NYSE Proprietary Market Data Fee Schedule
October 21, 2021.
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 October 14, 2021, New York Stock Exchange LLC (``NYSE''
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.
---------------------------------------------------------------------------
\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 NYSE Proprietary Market Data Fee
Schedule (``Market Data Fee Schedule'') to delete reference to the NYSE
Alerts market data product and associated fees from the Market Data Fee
Schedule effective immediately. The proposed rule change is available
on the Exchange's website 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.
[[Page 59444]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend the Market Data Fee Schedule to
delete reference to the NYSE Alerts market data product and associated
fees from the Market Data Fee Schedule effective immediately.
In 2004, pursuant to Securities and Exchange Commission approval,
the Exchange adopted the NYSE Alerts market data product.\4\ In 2019,
the Exchange discontinued offering the NYSE Alerts market data
product.\5\ As a result, reference on the Market Data Fee Schedule to
the NYSE Alerts market data product and fees associated with the NYSE
Alerts market data product have both become obsolete. Therefore, the
Exchange proposes to remove reference to NYSE Alerts and fees
associated with NYSE Alerts from the Market Data Fee Schedule. The
proposed rule change is intended to streamline the Market Data Fee
Schedule by eliminating obsolete rule text.
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 50844 (Dec. 13,
2004), 69 FR 76806 (Dec. 22, 2004) (SR-NYSE-2004-53) (Order Granting
Approval to Proposed Rule Change and Amendment Nos. 1 and 2 Relating
to a Fee for the NYSE Alerts Datafeed); see also Securities Exchange
Act Release No. 50639 (November 5, 2004), 69 FR 65488 (November 12,
2004) (Notice of Filing of Proposed Rule Change and Amendment Nos. 1
and 2 by New York Stock Exchange, Inc. Relating to a Fee for the
NYSE Alerts Datafeed). In 2016, the Exchange adopted a multiple data
feed fee for NYSE Alerts. See Securities Exchange Act Release No.
76972 (Jan. 26, 2016), 81 FR 5143 (Feb. 1, 2016) (SR-NYSE-2016-08)
(Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change Amending the Fees for NYSE Order Imbalances and NYSE Alerts).
\5\ See Securities Exchange Act Release No. 86492 (Jul. 26,
2019), 84 FR 37702 (Aug. 1, 2019) (SR-NYSE-2019-42) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To
Discontinue the NYSE Alerts Market Data Product Offering).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\7\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would eliminate rule text that is
now obsolete, thereby improving the clarity of the Exchange's rules and
enabling market participants to more easily navigate the Market Data
Fee Schedule. The Exchange also believes that the proposed change would
protect investors and the public interest because the deletion of
obsolete text would make the Market Data Fee Schedule more accessible
and transparent and facilitate market participants' understanding of
the fees charged for services currently offered by the Exchange. The
Exchange believes the proposed rule change is reasonable because it
would streamline the Market Data Fee Schedule by deleting obsolete rule
text. The Exchange believes deleting obsolete rule text would promote
clarity to the Fee Schedule and reduce confusion to market participants
as to which fees are applicable to them.
The Exchange believes deleting obsolete rule text would also
simplify the Market Data Fee Schedule. The Exchange believes that
deleting obsolete rule text from the Market Data Fee Schedule is
equitable and not unfairly discriminatory because the resulting
streamlined Market Data Fee Schedule would continue to apply to all
market participants as it does currently because the Exchange is not
adopting any new fees or removing any current fees from the Market Data
Fee Schedule. All market participants would continue to be subject to
the same fees that currently apply to them.
For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.
B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,\8\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the proposal relates
solely to elimination of obsolete fees and, as such, would not have any
impact on intra- or inter-market competition because the proposed
change is solely designed to accurately reflect the services that the
Exchange currently offers, thereby adding clarity to the Market Data
Fee Schedule.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------
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.
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\11\ 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-NYSE-2021-62 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-NYSE-2021-62. 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 (https://www.sec.gov/
[[Page 59445]]
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 website
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. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2021-62 and should be
submitted on or before November 17, 2021.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23344 Filed 10-26-21; 8:45 am]
BILLING CODE 8011-01-P