Federal Register - March 24, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices Report at any time if that Member determines that the information contained in the Report is no longer useful.
In summary, the proposed Report will help to protect a free and open market by providing additional data offered on an optional basis to the marketplace and by providing investors with greater choices.36 Additionally, the proposal would not permit unfair discrimination because the proposed Report will be available to all Exchange Members.
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B. Self-Regulatory Organizations 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, as amended.
The Exchange believes that the proposed Report will enhance competition 37 by providing a new option for receiving market data to Members. The proposed Report will also further enhance competition between exchanges by allowing the Exchange to expand its product offerings to include a report similar to that currently offered by NASDAQ.38
In this instance, the proposed rule change to offer the optional Report is in response to Member interest and requests for such information. The Exchange does not believe the proposed Report will have an inappropriate burden on intra-market competition between Recipient Members and other Members who do not receive the Report.
As discussed above, the first two buckets of information included in the Report contain information about the resting order and the execution of the resting order, both of which are generally available to Members that chose not to receive the Report from other public sources, such as OPRA and the Exchanges proprietary data feeds.
The third bucket of information is about the Recipient Members response and the time their response is received by the Exchange, information which the Recipient Member would be able to obtain without receiving the Report.
Additionally, some Members may already be able to derive a substantial amount of the same data that is provided by some of the components based on their own executions and algorithms.
36 See Sec. Indus. Fin. Mkts. Assn SIFMA, Initial Decision Release No. 1015, 2016 SEC LEXIS
2278 ALJ June 1, 2016 finding the existence of vigorous competition with respect to non-core market data.
37 Id.
38 See NASDAQ Equity Section 7, Rule 146a2.
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In sum, if the proposed Report is unattractive to Members, Members will opt not to receive it. Accordingly, the Exchange does not believe that the proposed change will impair the ability of Members or competing order execution venues to maintain their competitive standing in the financial markets.
C. Self-Regulatory Organizations Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 45 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 shall: a By order approve or disapprove such 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 Commissions internet comment form http www.sec.gov/
rules/sro.shtml; or Send an email to rule-comments@
sec.gov. Please include File Number SR
EMERALD202109 on the subject line.
Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 205491090.
All submissions should refer to File Number SREMERALD202109. 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 Commissions 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
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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 Commissions 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 SREMERALD202109, and should be submitted on or before April 14, 2021.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.39
Eduardo A. Aleman, Deputy Secretary.
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Self-Regulatory Organizations; NYSE
National, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Amend the Exchanges Co-Location Services and Fee Schedule To Add Two Partial Cabinet Solution Bundles March 18, 2021.
On January 19, 2021, NYSE National, Inc. NYSE National or Exchange filed with the Securities and Exchange Commission Commission, pursuant to Section 19b1 of the Securities Exchange Act of 1934 Act 1 and Rule 19b4 thereunder,2 a proposed rule change to amend the Exchanges colocation rules to add two partial cabinet solution bundles. The proposed rule change was published for comment in the Federal Register on February 5, 39 17
CFR 200.303a12.
U.S.C. 78sb1.
2 17 CFR 240.19b4.
1 15
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