[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12743-12748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04560]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94319; File No. SR-NYSEArca-2022-10]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE 
Arca Options Proprietary Market Data Fee Schedule

February 28, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\

[[Page 12744]]

notice is hereby given that, on February 24, 2022, NYSE Arca, Inc. 
(``NYSE Arca'' or the ``Exchange'') filed with the Securities and 
Exchange Commission (``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.
---------------------------------------------------------------------------

    \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 Arca Options Proprietary 
Market Data Fee Schedule (``Fee Schedule'') to introduce a data product 
to be known as the NYSE Options Open-Close End of Day Volume Summary 
(``End of Day Volume Summary'') that would be available for purchase by 
any market participant, i.e., members \4\ and non-members, on an ad-hoc 
basis and to adopt fees for such product. 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.
---------------------------------------------------------------------------

    \4\ Members of the Exchange are OTP Firms, OTP Holders and ETP 
Holders.
---------------------------------------------------------------------------

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 data product to be known as 
the End of Day Volume Summary that would be available for purchase by 
market participants on an ad-hoc basis and to adopt fees for such 
product.\5\
---------------------------------------------------------------------------

    \5\ The Exchange previously adopted a subscription-based market 
data product known as the NYSE Options Open-Close Volume Summary 
that market participants can purchase on a subscription basis. See 
Securities Exchange Act Release No. 93132 (September 27, 2021), 86 
FR 54499 (October 1, 2021) (SR-NYSEArca-2021-82). The purpose of 
this filing is to introduce a historic monthly report of the NYSE 
Options Open-Close Volume Summary that would be available for 
purchase by any market participant on an ad-hoc basis.
---------------------------------------------------------------------------

    More specifically, the Exchange proposes to offer an ad-hoc 
historic monthly End of Day Volume Summary market data product that 
will provide a volume summary of trading activity on the Exchange at 
the option level by origin (Customer, Professional Customer, Firm, 
Broker-Dealer, and Market Maker \6\), 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 ad-
hoc historic monthly End of Day 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 proposes to offer data that would go back to December 2018 and 
would contain all series in an underlying security if it has volume.\7\
---------------------------------------------------------------------------

    \6\ The terms Customer, Professional Customer, Firm and Market 
Maker are defined in Rule 1.1.
    \7\ The specifications for the ad-hoc historic monthly End of 
Day Volume Summary can be found at https://www.nyse.com/market-data/historical/open-close-volume-summary.
---------------------------------------------------------------------------

    The Exchange anticipates a wide variety of market participants to 
purchase the ad-hoc historic monthly End of Day Volume Summary, 
including, but not limited to, individual customers, buy-side 
investors, investment banks and academic institutions. For example, 
academic institutions may utilize the proposed product to promote 
research and studies of the options industry to the benefit of all 
market participants. The Exchange believes the proposed product may 
also provide helpful trading information regarding investor sentiment 
and may be used to create and test trading models and analytical 
strategies. The ad-hoc historic monthly End of Day Volume Summary 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 
customers may purchase it on an ad-hoc basis only if they voluntarily 
choose to do so. The Exchange notes that other exchanges offer a 
similar product.\8\ As such, the ad-hoc historic monthly End of Day 
Volume Summary is subject to direct competition from similar end of day 
options trading summaries offered by other exchanges. All of these 
exchanges offer essentially the same end of day options trading summary 
information, and generally differ solely in the amount of history 
available for purchase.\9\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release Nos. 87463 (November 5, 
2019), 84 FR 61129 (November 12, 2019) (SR-C2-2019-023) (Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To 
Introduce a New Data Product To Be Known as Open-Close Data and To 
Adopt Fees for Such Product); 55062 (January 8, 2007), 72 FR 2048 
(January 17, 2007) (SR-CBOE-2006-88) (Order Granting Approval to 
Proposed Rule Change To Codify a Fee Schedule for the Sale of Open 
and Close Volume Data on CBOE Listed Options by Market Data Express, 
LLC); and 56957 (December 13, 2007), 72 FR 71988 (December 19, 2007) 
(SR-ISE-2007-115) (Notice of Filing and Immediate Effectiveness of 
Proposed Rule Change Relating to Historical ISE Open/Close Trade 
Profile Fees). The ad-hoc historic monthly End of Day Volume Summary 
report contains the same information that is provided in the monthly 
subscription-based market data product known as the NYSE Options 
Open-Close Volume Summary. See note 5, supra.
    \9\ For example, Nasdaq PHLX LLC offers history for their end of 
day data starting in January 2009 while NYSE Options Open-Close 
Volume Summary history is only offered starting in December 2018. 
See https://www.nasdaqtrader.com/micro.aspx?id=photo.
---------------------------------------------------------------------------

    The Exchange proposes to provide in its Fee Schedule that market 
participants may purchase the ad-hoc historic monthly End of Day Volume 
Summary for a specified month (historical file). The Exchange proposes 
to assess a fee of $600 per request per month for an ad-hoc request of 
historical End of Day Volume Summary covering all Exchange-listed 
securities. An ad-hoc request can be for any number of months beginning 
with December 2018 for which the data is available.\10\ The proposed 
fee for ad-hoc requests for the historic monthly End of Day Volume 
Summary will apply to all market participants. The Exchange notes that 
other exchanges provide a similar data product that may be purchased on 
an ad-hoc basis and is comparably priced.\11\
---------------------------------------------------------------------------

    \10\ For example, a customer that requests historical End of Day 
Volume Summary for the months of June 2021 and July 2021, would be 
assessed a total of $1,200. The Exchange notes that it may make 
historical data prior to December 2018 available in the future and 
that such historical data would be available to all members and non-
members.
    \11\ See e.g., Cboe LiveVol, LLC Market Data Fees available at 
https://www.cboe.com/us/options/membership/fee_schedule/ctwo/. Cboe 
C2 Options (``C2'') offers Open-Close Data: End-of-Day Ad-hoc 
Request (historical data) and assesses a fee of $400 per request per 
month. Cboe EDGX Exchange, Inc. (``EDGX'') similarly offers Open-
Close Data: End-of-Day Ad-hoc Request (historical data) and assesses 
a fee of $400 per request per month. See https://www.cboe.com/us/options/membership/fee_schedule/edgx/. Nasdaq ISE, LLC (``ISE'') 
offers Nasdaq ISE Open/Close Trade Profile End of Day Ad-Hoc Request 
(historical data) and assesses a fee of $600 per request per month. 
See Sec. 10, Market Data, at https://listingcenter.nasdaq.com/rulebook/ise/rules/ise-options-7.
---------------------------------------------------------------------------

    NYSE Options Open-Close Volume Summary is subject to significant 
competitive forces that constrain its

[[Page 12745]]

pricing. As described above, the Exchange's data product competes head-
to-head with numerous products currently available in the marketplace. 
These products each serve as reasonable substitutes for one another as 
they are each designed to provide data on options market activity which 
can be used to infer longer-term trends. The information provided by 
one exchange is generally similar to that provided by other exchanges 
because order flow can move from one exchange to another, and market 
sentiment trends that appear on one exchange are likely to be similar 
to the sentiment trends on other exchanges. The key differentiator in 
the quality of the data depends on the volume of transactions on a 
given exchange. The greater the volume of transactions, the greater the 
value of the data. The proposed fee for ad-hoc purchases of historic 
monthly End of Day Volume Summary is therefore constrained by the 
competition among exchanges for similar options trading summary 
products.
    The Exchange intends to offer the historic monthly End of Day 
Volume Summary on an ad-hoc basis and charge the proposed fees on March 
1, 2022.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\12\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\13\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and to protect investors and the public 
interest, and that it is not designed to permit unfair discrimination 
among customers, brokers, or dealers. The Exchange also believes that 
its proposal to adopt fees for End of Day Volume Summary is consistent 
with Section 6(b) of the Act \14\ in general, and furthers the 
objectives of Section 6(b)(4) of the Act \15\ in particular, in that it 
is an equitable allocation of dues, fees and other charges among its 
members and other recipients of Exchange data.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In adopting Regulation NMS, the Commission granted self-regulatory 
organizations (``SROs'') and broker-dealers increased authority and 
flexibility to offer new and unique market data to the public. 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 ad-hoc historic monthly End 
of Day Volume Summary market data product would further broaden the 
availability of U.S. option market data to investors consistent with 
the principles of Regulation NMS. The proposed rule change would 
benefit investors by providing access to historic data, which as noted 
above, may promote better informed trading, as well as research and 
studies of the options industry. Particularly, information regarding 
opening and closing activity across different option series may 
indicate investor sentiment, which can be helpful research and/or 
trading information. Customers of the historic data product may be able 
to enhance their ability to analyze options trade and volume data, and 
create and test trading models and analytical strategies. The Exchange 
believes ad-hoc historic monthly End of Day Volume Summary would 
provide a valuable tool that customers can use to gain comprehensive 
insight into the trading activity in a particular series, but also 
emphasizes such data is not necessary for trading. Moreover, other 
exchanges offer a similar data product.\16\
---------------------------------------------------------------------------

    \16\ See note 8, supra.
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market. Indeed, there 
are currently 16 registered options exchanges competing for order flow. 
Based on publicly-available information, and excluding index-based 
options, no single exchange has more than 16% of the market share of 
executed volume of multiply-listed equity and ETF options trades.\17\ 
Therefore, currently no exchange possesses significant pricing power in 
the execution of multiply-listed equity and ETF options order flow. 
More specifically, in November 2021, the Exchange had less than 13% 
market share of executed volume of multiply-listed equity and ETF 
options trades.\18\
---------------------------------------------------------------------------

    \17\ The Options Clearing Corporation (``OCC'') publishes 
options and futures volume in a variety of formats, including daily 
and monthly volume by exchange, available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \18\ Based on OCC data for monthly volume of equity-based 
options and monthly volume of ETF-based options, see id., the 
Exchange's market share in multiply-listed equity and ETF options 
was 10.35% for the month of November 2020 and 12.99% for the month 
of November 2021.
---------------------------------------------------------------------------

    The Commission has repeatedly expressed its preference for 
competition over regulatory intervention in determining prices, 
products, and services in the securities markets. Specifically, in 
Regulation NMS, the Commission highlighted the importance of market 
forces in determining prices and SRO revenues, and also recognized that 
current regulation of the market system ``has been remarkably 
successful in promoting market competition in its broader forms that 
are most important to investors and listed companies.'' \19\
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 51808 (June 9, 
2005), 70 FR 37496, 37499 (June 29, 2005).
---------------------------------------------------------------------------

    With respect to market data, the decision of the United States 
Court of Appeals for the District of Columbia Circuit in NetCoalition 
v. SEC upheld the Commission's reliance on the existence of competitive 
market mechanisms to evaluate the reasonableness and fairness of fees 
for proprietary market data:

    In fact, the legislative history indicates that the Congress 
intended that the market system ``evolve through the interplay of 
competitive forces as unnecessary regulatory restrictions are 
removed'' and that the SEC wield its regulatory power ``in those 
situations where competition may not be sufficient,'' such as in the 
creation of a ``consolidated transactional reporting system.'' \20\
---------------------------------------------------------------------------

    \20\ NetCoalition v. SEC, 615 F.3d 525, 535 (D.C. Cir. 2010) 
(quoting H.R. Rep. No. 94-229 at 92 (1975), as reprinted in 1975 
U.S.C.C.A.N. 323).

    The court agreed with the Commission's conclusion that ``Congress 
intended that `competitive forces should dictate the services and 
practices that constitute the U.S. national market system for trading 
equity securities.' '' \21\
---------------------------------------------------------------------------

    \21\ Id. at 535.
---------------------------------------------------------------------------

    More recently, the Commission confirmed that it applies a ``market-
based'' test in its assessment of market data fees, and that under that 
test:

    The Commission considers whether the exchange was subject to 
significant competitive forces in setting the terms of its proposal 
for [market data], including the level of any fees. If an exchange 
meets this burden, the Commission will find that its fee rule is 
consistent with the Act unless there is a substantial countervailing 
basis to find that the terms of the rule violate the Act or the 
rules thereunder.\22\
---------------------------------------------------------------------------

    \22\ See Securities Exchange Act Release No. 34-90217 (October 
16, 2020), 85 FR 67392 (October 22, 2020) (SR-NYSENAT-2020-05) 
(internal quotation marks omitted), quoting Securities Exchange Act 
Release No. 59039 (December 2, 2008), 73 FR 74770, 74781 (December 
9, 2008) (ArcaBook Approval Order).

    Making similar historic data products available to market 
participants fosters competition in the marketplace, and constrains the 
ability of exchanges to charge supra-competitive fees. In the event 
that a market participant views one exchange's historic data product as

[[Page 12746]]

more or less attractive than the competition they can and do switch 
between similar products. The proposed fees are a result of the 
competitive environment, as the Exchange seeks to adopt fees to attract 
purchasers of the ad-hoc historic monthly End of Day Volume Summary 
data product.
    The Exchange believes its proposal to provide the ad-hoc historic 
monthly End of Day Volume Summary is reasonable as the proposed fees 
are comparable to the fees assessed by other exchanges \23\ that 
provide similar historic data products.\24\ Indeed, proposing fees that 
are excessively higher than established fees for similar historic data 
products would simply serve to reduce demand for the Exchange's 
historic data product, which as noted, is entirely optional. Like the 
ad-hoc historic monthly End of Day Volume Summary, other exchanges 
offer similar historic data products that each provide insight into 
trading on those markets and may likewise aid in assessing investor 
sentiment. Although each of these similar historic data products 
provide only proprietary trade data and not trade data from other 
exchanges, it is possible investors are still able to gauge overall 
investor sentiment across different option series based on open and 
closing interest on any one exchange. Similarly, market participants 
may be able to analyze option trade and volume data, and create and 
test trading models and analytical strategies using only the ad-hoc 
historic monthly End of Day Volume Summary data relating to trading 
activity on one or more of the other markets that provide similar 
historic data products. As such, if a market participant views another 
exchange's data as more attractive than the Exchange's offering, then 
such market participant can merely choose not to purchase the 
Exchange's historic data product and instead purchase another 
exchange's historic product, which offer similar data points, albeit 
based on that other market's trading activity.
---------------------------------------------------------------------------

    \23\ See, note 11, supra.
    \24\ See, note 8, supra.
---------------------------------------------------------------------------

    The Exchange also believes the proposed fees are reasonable as they 
would support the introduction of a historic market data product that 
is designed to aid investors by providing insight into trading on the 
Exchange. In turn, this data would assist market participants in 
gauging investor sentiment and trading activity, resulting in 
potentially better-informed trading decisions. As noted above, 
customers may also use such data to create and test trading models and 
analytical strategies.
    Selling historic market data, such as the ad-hoc historic monthly 
End of Day Volume Summary, is also a means by which exchanges compete 
to attract business. To the extent that the Exchange is successful in 
attracting customers to the Exchange's historic data product, it may 
earn trading revenues and further enhance the value of its data 
products. If the market deems the proposed fees to be unfair or 
inequitable, customers can diminish or discontinue their use of the 
historic data and/or avail themselves of similar products offered by 
other exchanges.\25\ The Exchange therefore believes that the proposed 
fees reflect the competitive environment and would be properly and 
equally assessed to all customers. The Exchange also believes the 
proposed fees are equitable and not unfairly discriminatory as the fees 
would apply equally to all customers who choose to purchase such data. 
The proposed fees would not differentiate between customers that 
purchase the ad-hoc historic monthly End of Day Volume Summary, and are 
set at a modest level that would allow any interested market 
participant to purchase such data based on their business needs. 
Nothing in this proposal treats any category of market participant any 
differently from any other category of market participant. The ad-hoc 
historic monthly End of Day Volume Summary is available to all market 
participants, i.e., members and non-members, and all market 
participants would receive the same information in the data feed.
---------------------------------------------------------------------------

    \25\ See, note 11, supra.
---------------------------------------------------------------------------

    As noted above, the Exchange anticipates a wide variety of market 
participants to purchase the ad-hoc historic monthly End of Day Volume 
Summary data product, including but not limited to individual 
customers, buy-side investors, investment banks and academic 
institutions. As such, the Exchange anticipates that the historic data 
product may be used not just for commercial or monetizing purposes, but 
also for educational use and research. The Exchange reiterates that the 
decision as to whether or not to purchase the ad-hoc historic monthly 
End of Day Volume Summary is entirely optional for all potential 
customers. Indeed, no market participant is required to purchase the 
historic data product, and the Exchange is not required to make the 
historic data product available to market participants. Rather, the 
Exchange is voluntarily making the historic data product available, as 
requested by customers, and market participants may choose to receive 
(and pay for) this data based on their own business needs. Potential 
customers may request the data at any time if they believe it to be 
valuable or may decline to purchase such data.
    In sum, the fierce competition for order flow constrains any 
exchange from pricing its historic market data at a supra-competitive 
price, and constrains the Exchange here in setting its fees for the ad-
hoc historic monthly End of Day Volume Summary data product.
    The proposed fees are therefore reasonable because in setting them, 
the Exchange is constrained by the availability of numerous substitute 
venues offering historic market data products and trading.\26\ Such 
substitutes need not be identical, but only substantially similar to 
the product at hand. More specifically, in setting fees for the ad-hoc 
historic monthly End of Day Volume Summary data product, the Exchange 
is constrained by the fact that, if its pricing is unattractive to 
customers, customers have their pick of an increasing number of 
alternative venues to use instead of the Exchange.\27\ Because of the 
availability of substitutes, an exchange that overprices its historic 
market data products stands a high risk that customers may substitute 
another source of market data information for its own. Those 
competitive pressures imposed by available alternatives are evident in 
the Exchange's proposed pricing. The existence of numerous alternatives 
to the Exchange ensures that the Exchange cannot set unreasonable fees 
for historic market data without suffering the negative effects of that 
decision in the fiercely competitive market in which it operates.
---------------------------------------------------------------------------

    \26\ See, note 8, supra.
    \27\ See, note 11, supra.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that 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. The Exchange 
also does not believe the proposed fees would cause any unnecessary or 
inappropriate burden on intermarket competition as other exchanges are 
free to introduce their own comparable historic data product and adopt 
fees to better compete with the Exchange's offering. Rather, the 
Exchange believes that the proposal will promote competition by 
permitting the Exchange to sell a historic data product similar to 
those offered by other

[[Page 12747]]

competitor options exchanges.\28\ The Exchange is offering the ad-hoc 
historic monthly End of Day Volume Summary in order to keep pace with 
changes in the industry and evolving customer needs, and believes the 
data product will contribute to robust competition among national 
securities exchanges.
---------------------------------------------------------------------------

    \28\ See, note 8, supra.
---------------------------------------------------------------------------

    Furthermore, the Exchange operates in a highly competitive 
environment, and its ability to price the ad-hoc historic monthly End 
of Day Volume Summary is constrained by competition among exchanges 
that offer similar historic data products to their customers. As 
discussed above, there are currently a number of similar products 
available to market participants and investors. A number of U.S. 
options exchanges offer a historic market data product that is 
substantially similar to the Exchange's offering, which the Exchange 
must consider in its pricing discipline in order to compete 
effectively. For example, proposing fees that are excessively higher 
than established fees for similar historic data products would simply 
serve to reduce demand for the Exchange's historic data product, which 
as discussed, market participants are under no obligation to utilize or 
purchase. In this competitive environment, potential purchasers are 
free to choose which, if any, similar historic product to purchase to 
satisfy their need for market information. As a result, the Exchange 
believes this proposed rule change permits fair competition among 
national securities exchanges.
    The Exchange does not believe the proposed rule change would cause 
any unnecessary or inappropriate burden on intramarket competition. 
Particularly, the proposed fees would apply uniformly to any customer, 
in that the Exchange would not differentiate between customers that 
purchase the ad-hoc historic monthly End of Day Volume Summary and all 
customers would receive the same information in the data feed. The 
Exchange believes the proposed fees are set at a modest level that 
would allow interested customers to purchase such data based on their 
business needs.

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) of the Act \29\ and Rule 19b-4(f)(6) \30\ thereunder. 
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) of the Act \31\ and Rule 19b-4(f)(6) \32\ 
thereunder.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78(b)(3)(A).
    \30\ 17 CFR 240.19b-4(f)(6).
    \31\ 15 U.S.C. 78s(b)(3)(A).
    \32\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \33\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\34\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay to allow the 
Exchange to implement the proposed rule change and corresponding fee on 
March 1, 2022, and thereby allow the Exchange to compete with exchanges 
that currently offer similar historic market data products. 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.\35\
---------------------------------------------------------------------------

    \33\ 17 CFR 240.19b-4(f)(6).
    \34\ 17 CFR 240.19b-4(f)(6).
    \35\ 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).
---------------------------------------------------------------------------

    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

    <bullet> Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#d1a3a4bdb4fcb2bebcbcb4bfa5a291a2b4b2ffb6bea7"><span class="__cf_email__" data-cfemail="5123243d347c323e3c3c343f2522112234327f363e27">[email protected]</span></a>. Please include 
File Number SR-NYSEArca-2022-10 on the subject line.

Paper Comments

    <bullet> 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-2022-10. 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 (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 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-NYSEArca-2022-10 and

[[Page 12748]]

should be submitted on or before March 28, 2022.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\36\
---------------------------------------------------------------------------

    \36\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-04560 Filed 3-4-22; 8:45 am]
BILLING CODE 8011-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>