Petition for Disapproval on the NYSE’s Plan to Establish Non-Display Usage Fees for NYSE OpenBook

SIFMA provides comments and a petition for disapproval to the Securities and Exchange Commission (SEC) on the New York Stock Exchange’s (NYSE’s) Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish Non-Display Usage Fees for NYSE OpenBook, NYSE Trades, and NYSE BBO and a Redistribution Fee for NYSE OpenBook, Release No. 34–69278, File No. SR–NYSE–2013–25. SIFMA advises the SEC that the NYSE’s actions are inconsistent with the decision of the United States Court of Appeals for the District of Columbia Circuit in NetCoalition v. SEC.  SIFMA recommends the SEC temporarily suspend this rule change under Section 19(b)(3)(C) of the Securities and Exchange Act of 1934 (Exchange Act) and institute proceedings to disapprove the rule changes under Section 19(b)(2)(B) of the Exchange Act.