SIFMA provides comments and a petition for disapproval to the Securities and Exchange Commission (SEC) Notice of Filing and Immediate Effectiveness of Proposed Rule Change Establishing Certain Fees for the NYSE MKT Trades and NYSE MKT Realtime Reference Prices Market Data Products, Release No. 34–69300; File No. SR–NYSEMKT–2013–31; and the Notice of Filing and Immediate Effectiveness of Proposed Rule Change Proposing To Establish the NYSE MKT Trades Digital Media Data Feed and a Schedule of the NYSE MKT Equities Proprietary Market Data Fees, Release No. 34–69273; File No. SR–NYSEMKT–2013–30.

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.