80_FR_67154 80 FR 66944 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Establishing Procedures and Credits in Connection With the Re-Location of Equipment in the Exchange's Data Center

80 FR 66944 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Establishing Procedures and Credits in Connection With the Re-Location of Equipment in the Exchange's Data Center

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 210 (October 30, 2015)

Page Range66944-66947
FR Document2015-27655

Federal Register, Volume 80 Issue 210 (Friday, October 30, 2015)
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66944-66947]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27655]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76268; File No. SR-NYSEMKT-2015-70]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Establishing Procedures 
and Credits in Connection With the Re-Location of Equipment in the 
Exchange's Data Center

October 26, 2015.
    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 22, 2015, NYSE MKT LLC (the ``Exchange'' or 
``NYSE MKT'') 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to establish procedures and credits in 
connection with the re-location of equipment in the Exchange's Data 
Center. The text of the proposed rule change is available on the 
Exchange's Web site at www.nyse.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

[[Page 66945]]

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 operates a data center in Mahwah, New Jersey, from 
which it provides co-location services to Users.\4\ The Exchange's co-
location services allow Users to rent space in the Data Center so they 
may locate their electronic servers in close physical proximity to the 
Exchange's trading and execution system.\5\ The Exchange proposes to 
establish procedures and waive certain fees in connection with the 
Exchange's re-location of Users' equipment in the Exchange's Data 
Center, operative beginning November 1, 2015.\6\
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    \4\ The Exchange initially filed rule changes relating to its 
co-location services with the Securities and Exchange Commission 
(``Commission'') in 2010. See Securities Exchange Act Release No. 
62961 (September 21, 2010), 75 FR 59299 (September 27, 2010) (SR-
NYSEAmex-2010-80) (``2010 Release'').
    \5\ See id. at 59299.
    \6\ As specified in the NYSE MKT Equities Price List and the 
NYSE Amex Options Fee Schedule, a User that incurs co-location fees 
for a particular co-location service pursuant thereto would not be 
subject to co-location fees for the same co-location service charged 
by the Exchange's affiliates New York Stock Exchange LLC and NYSE 
Arca, Inc. See Securities Exchange Act Release No. 70176 (August 13, 
2013), 78 FR 50471 (August 19, 2013) (SR-NYSEMKT-2013-67). The 
Exchange's affiliates have also submitted substantially the same 
proposed rule change to propose the changes described herein. See 
SR-NYSE-2015-42 and SR-NYSEArca-2015-85.
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    The Data Center opened in 2010, and at that time, the Exchange 
represented that it offers co-location space based on availability and 
that it had sufficient space in the Data Center to accommodate demand 
on an equitable basis for the foreseeable future.\7\ The Exchange 
continues to believe that there is sufficient space in the Data Center 
to accommodate demand. However, much of the space available now is 
available in smaller segments, resulting from an increasing number of 
Users, multiple moves within the Data Center, and changes to Users' 
space requirements--both increases and decreases--since 2010. At this 
time, the Exchange has determined that, in order to continue to be able 
to meet its obligation to accommodate demand, and in particular to make 
available more contiguous, larger spaces for new and existing Users, 
the Exchange must exercise its right to move some Users' equipment 
within the Data Center (the ``Migration'').
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    \7\ See supra note 4 at 59299.
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    The Exchange proposes to put the following procedures in place to 
manage the process for the Migration.
    First, the Exchange would identify Users that would be required to 
move in the Migration based on (a) the current location of the User and 
its current equipment and power requirements and (b) the availability 
of another location in the Data Center that would accommodate the 
equipment and power requirements for which such User currently 
subscribes. No User would be required to move more than once within any 
12-month period.
    Second, the Exchange would notify a User in writing (the 
``Notice'') that the User's equipment and network connections in the 
Data Center are to be moved as part of the Migration. The Notice would 
identify the 90-day period during which the User must move its 
equipment, which period would commence at least 60 days from the date 
of the Notice. The exact date or dates for the move for each User would 
be agreed upon between the User and the Exchange. If a move date or 
dates cannot be agreed on, the Exchange would schedule the move for a 
date or dates no later than 180 days after the date of the Notice.
    Third, each User's move would be facilitated by the Exchange in 
cooperation with the User, including the un-racking and re-racking of 
all of the User's equipment, and the re-installation of the User's 
networking connections, and the Exchange would make reasonable efforts 
to ensure that the moves take place outside of the Exchange's hours for 
business.\8\
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    \8\ See NYSE MKT Equities Rule 51 and NYSE Amex Options Rule 
900.2NY(15).
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    Fourth, in connection with facilitating each User's move, the 
Exchange proposes to waive certain fees. Specifically, the Exchange 
proposes to waive the monthly recurring fees incurred in connection 
with the User's new space for the month during which the User's move 
commences. This waiver of the monthly recurring fees would mean that 
the User would not incur these fees for the period of overlapping use 
of the equipment and services in the old and the new locations, as long 
as the move is completed within one month.
    In addition, the Exchange proposes to waive all service-related 
charges that the User would incur if such a move were to take place at 
a User's request with respect to the User's existing services and 
equipment. The service-related charges to be waived would be: (a) The 
Change Fee, Initial Install Services and Hot Hands Services; (b) the 
External Cabinet Cable Tray fee and the Custom External Cabinet Cable 
Tray fee, if the User has such equipment installed in its current 
location; (c) Shipping and Receiving fees relating to duplicate 
equipment for the User's new space; and (d) the Badge Request Fee and 
Visitor Security Escort fee with respect to User representative visits 
during the User's Migration Period (together, the ``Service-Related 
Fees'').
    Finally, in consideration for the Migration, the Exchange proposes 
to waive, for the month following the completion of a User's move, the 
monthly recurring charges for that User, based on the rate of the 
monthly recurring fees that the User is paying as of the date of the 
Notice.
    The Exchange proposes to modify the NYSE MKT Equities Price List 
and the NYSE Amex Options Fee Schedule to reflect the fee waivers in 
connection with the Migration.
    The proposed change is not otherwise intended to address any other 
issues relating to co-location services and/or related fees, and the 
Exchange is not aware of any problems that Users would have in 
complying with the proposed change. The representations that the 
Exchange made in the 2010 Release to the effect that any difference 
among the positions of a User's equipment within the Data Center does 
not create any material difference to Users in terms of access to the 
Exchange continue to apply.\9\
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    \9\ See supra note 4 at 59299.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\10\ in general, and furthers the 
objectives of Sections 6(b)(5) of the Act,\11\ in particular, because 
it provides for the equitable allocation of reasonable dues, fees and 
other charges among members and other persons using any facility or 
system which the Exchange operates or controls and is designed to 
prevent fraudulent

[[Page 66946]]

and manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in regulating, clearing, settling, processing 
information with respect to, and facilitating transactions in 
securities, to remove impediments to, and perfect the mechanisms of, a 
free and open market and a national market system and, in general, to 
protect investors and the public interest and because it is not 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    Additionally, the proposed changes would be applied uniformly by 
the Exchange to comparable Users and would not unfairly discriminate 
between similarly situated Users of co-location services.
    The Exchange believes that the proposal to establish procedures and 
waive certain fees in connection with the movement of equipment at the 
Exchange's Data Center would remove impediments to, and perfect the 
mechanisms of, a free and open market and a national market system and, 
in general, protect investors and the public interest because it would 
allow the Exchange to have sufficient space in the Data Center to 
accommodate demand on an equitable basis for the foreseeable future. 
The Exchange believes that the waiver of overlapping monthly recurring 
charges, the waiver of the Service-Related Fees, and the waiver of one 
month of monthly recurring charges is reasonable because Users would be 
moving at the Exchange's request and the waivers would help to 
alleviate the burden on the Users that are required to move.
    The Exchange also believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\12\ 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. Pursuant to the proposed procedures for 
selecting which Users would be required to move within the Data Center, 
a User would be required to move only if the Exchange would be able to 
accommodate such User's current space and power requirements at the new 
location, so as to minimize the disruption to the User.
---------------------------------------------------------------------------

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

    For the reasons above, the proposed change would not unfairly 
discriminate between or among market participants that are otherwise 
capable of satisfying any applicable co-location fees, requirements, 
terms and conditions established from time to time by the Exchange.
    Finally, the Exchange believes that it is subject to significant 
competitive forces, as described below in the Exchange's statement 
regarding the burden on competition.
    For these 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,\13\ 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. The Exchange believes that the proposed procedures 
for identifying the Users that would be moved and the proposed fee 
waivers are pro-competitive because they facilitate the Migration, 
which would in turn facilitate use of the Exchange's Data Center, and 
provide access to the Data Center to current and additional market 
participants.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if, for example, they deem fee levels at a particular 
venue to be excessive or if they determine that another venue's 
products and services are more competitive than on the Exchange. In 
such an environment, the Exchange must continually review, and consider 
adjusting, the services it offers as well as any corresponding fees and 
credits to remain competitive with other exchanges. For the reasons 
described above, the Exchange believes that the proposed rule change 
reflects this competitive environment.

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) \14\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \15\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 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) \16\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \16\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEMKT-2015-70 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2015-70. 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 Web site (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 Web site viewing and 
printing in the Commission's Public Reference Section, 100 F Street 
NE., Washington, DC 20549-1090. Copies of the filing will also be 
available for inspection and copying at the NYSE's

[[Page 66947]]

principal office and on its Internet Web site at www.nyse.com. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEMKT-2015-70 and should 
be submitted on or before November 20, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-27655 Filed 10-29-15; 8:45 am]
BILLING CODE 8011-01-P



                                              66944                          Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                              established from time to time by the                    fee, or other charge imposed by the                       office and on its Internet Web site at
                                              Exchange.                                               Exchange.                                                 www.nyse.com. All comments received
                                                 Finally, the Exchange believes that it                  At any time within 60 days of the                      will be posted without change; the
                                              is subject to significant competitive                   filing of such proposed rule change, the                  Commission does not edit personal
                                              forces, as described below in the                       Commission summarily may                                  identifying information from
                                              Exchange’s statement regarding the                      temporarily suspend such rule change if                   submissions. You should submit only
                                              burden on competition.                                  it appears to the Commission that such                    information that you wish to make
                                                                                                      action is necessary or appropriate in the                 available publicly. All submissions
                                                 For these reasons, the Exchange                      public interest, for the protection of                    should refer to File Number SR–NYSE–
                                              believes that the proposal is consistent                investors, or otherwise in furtherance of                 2015–42 and should be submitted on or
                                              with the Act.                                           the purposes of the Act. If the                           before November 20, 2015.
                                              B. Self-Regulatory Organization’s                       Commission takes such action, the
                                                                                                                                                                  For the Commission, by the Division of
                                              Statement on Burden on Competition                      Commission shall institute proceedings                    Trading and Markets, pursuant to delegated
                                                                                                      under Section 19(b)(2)(B) 16 of the Act to                authority.17
                                                In accordance with Section 6(b)(8) of                 determine whether the proposed rule                       Robert W. Errett,
                                              the Act,13 the Exchange believes that the               change should be approved or
                                                                                                                                                                Deputy Secretary.
                                              proposed rule change would not impose                   disapproved.
                                              any burden on competition that is not                                                                             [FR Doc. 2015–27654 Filed 10–29–15; 8:45 am]
                                              necessary or appropriate in furtherance                 IV. Solicitation of Comments                              BILLING CODE 8011–01–P

                                              of the purposes of the Act. The                           Interested persons are invited to
                                              Exchange believes that the proposed                     submit written data, views, and
                                              procedures for identifying the Users that               arguments concerning the foregoing,                       SECURITIES AND EXCHANGE
                                              would be moved and the proposed fee                     including whether the proposed rule                       COMMISSION
                                              waivers are pro-competitive because                     change is consistent with the Act.
                                              they facilitate the Migration, which                    Comments may be submitted by any of                       [Release No. 34–76268; File No. SR–
                                              would in turn facilitate use of the                     the following methods:                                    NYSEMKT–2015–70]
                                              Exchange’s Data Center, and provide                     Electronic Comments
                                              access to the Data Center to current and                                                                          Self-Regulatory Organizations; NYSE
                                              additional market participants.                           • Use the Commission’s Internet                         MKT LLC; Notice of Filing and
                                                                                                      comment form (http://www.sec.gov/                         Immediate Effectiveness of Proposed
                                                Finally, the Exchange notes that it                   rules/sro.shtml); or                                      Rule Change Establishing Procedures
                                              operates in a highly competitive market                   • Send an email to rule-comments@                       and Credits in Connection With the Re-
                                              in which market participants can                        sec.gov. Please include File Number SR–                   Location of Equipment in the
                                              readily favor competing venues if, for                  NYSE–2015–42 on the subject line.                         Exchange’s Data Center
                                              example, they deem fee levels at a
                                              particular venue to be excessive or if                  Paper Comments                                            October 26, 2015.
                                              they determine that another venue’s                       • Send paper comments in triplicate                        Pursuant to Section 19(b)(1) 1 of the
                                              products and services are more                          to Brent J. Fields, Secretary, Securities                 Securities Exchange Act of 1934 (the
                                              competitive than on the Exchange. In                    and Exchange Commission, 100 F Street                     ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                              such an environment, the Exchange                       NE., Washington, DC 20549–1090.                           notice is hereby given that, on October
                                              must continually review, and consider                   All submissions should refer to File                      22, 2015, NYSE MKT LLC (the
                                              adjusting, the services it offers as well               Number SR–NYSE–2015–42. This file                         ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
                                              as any corresponding fees and credits to                number should be included on the                          the Securities and Exchange
                                              remain competitive with other                           subject line if email is used. To help the                Commission (the ‘‘Commission’’) the
                                              exchanges. For the reasons described                    Commission process and review your                        proposed rule change as described in
                                              above, the Exchange believes that the                   comments more efficiently, please use                     Items I, II, and III below, which Items
                                              proposed rule change reflects this                      only one method. The Commission will                      have been prepared by the self-
                                              competitive environment.                                post all comments on the Commission’s                     regulatory organization. The
                                              C. Self-Regulatory Organization’s                       Internet Web site (http://www.sec.gov/                    Commission is publishing this notice to
                                              Statement on Comments on the                            rules/sro.shtml). Copies of the                           solicit comments on the proposed rule
                                              Proposed Rule Change Received From                      submission, all subsequent                                change from interested persons.
                                              Members, Participants, or Others                        amendments, all written statements
                                                                                                                                                                I. Self-Regulatory Organization’s
                                                                                                      with respect to the proposed rule
                                                No written comments were solicited                                                                              Statement of the Terms of Substance of
                                                                                                      change that are filed with the
                                              or received with respect to the proposed                                                                          the Proposed Rule Change
                                                                                                      Commission, and all written
                                              rule change.                                            communications relating to the                               The Exchange proposes to establish
                                              III. Date of Effectiveness of the                       proposed rule change between the                          procedures and credits in connection
                                              Proposed Rule Change and Timing for                     Commission and any person, other than                     with the re-location of equipment in the
                                              Commission Action                                       those that may be withheld from the                       Exchange’s Data Center. The text of the
                                                                                                      public in accordance with the                             proposed rule change is available on the
                                                The foregoing rule change is effective                provisions of 5 U.S.C. 552, will be                       Exchange’s Web site at www.nyse.com,
                                              upon filing pursuant to Section                         available for inspection and copying in                   at the principal office of the Exchange,
tkelley on DSK3SPTVN1PROD with NOTICES




                                              19(b)(3)(A) 14 of the Act and                           the Commission’s Public Reference                         and at the Commission’s Public
                                              subparagraph (f)(2) of Rule 19b–4 15                    Section, 100 F Street NE., Washington,                    Reference Room.
                                              thereunder, because it establishes a due,               DC 20549–1090. Copies of the filing will
                                                                                                      also be available for Web site viewing                      17 17 CFR 200.30–3(a)(12).
                                                13 15 U.S.C. 78f(b)(8).                               and printing at the NYSE’s principal                        1 15 U.S.C. 78s(b)(1).
                                                14 15 U.S.C. 78s(b)(3)(A).                                                                                        2 15 U.S.C. 78a.
                                                15 17 CFR 240.19b–4(f)(2).                              16 15   U.S.C. 78s(b)(2)(B).                              3 17 CFR 240.19b–4.




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                                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                         66945

                                              II. Self-Regulatory Organization’s                       in smaller segments, resulting from an               incur these fees for the period of
                                              Statement of the Purpose of, and                         increasing number of Users, multiple                 overlapping use of the equipment and
                                              Statutory Basis for, the Proposed Rule                   moves within the Data Center, and                    services in the old and the new
                                              Change                                                   changes to Users’ space requirements—                locations, as long as the move is
                                                 In its filing with the Commission, the                both increases and decreases—since                   completed within one month.
                                              self-regulatory organization included                    2010. At this time, the Exchange has                   In addition, the Exchange proposes to
                                              statements concerning the purpose of,                    determined that, in order to continue to             waive all service-related charges that the
                                              and basis for, the proposed rule change                  be able to meet its obligation to                    User would incur if such a move were
                                              and discussed any comments it received                   accommodate demand, and in particular                to take place at a User’s request with
                                              on the proposed rule change. The text                    to make available more contiguous,                   respect to the User’s existing services
                                              of those statements may be examined at                   larger spaces for new and existing Users,            and equipment. The service-related
                                              the places specified in Item IV below.                   the Exchange must exercise its right to              charges to be waived would be: (a) The
                                              The Exchange has prepared summaries,                     move some Users’ equipment within the                Change Fee, Initial Install Services and
                                              set forth in sections A, B, and C below,                 Data Center (the ‘‘Migration’’).                     Hot Hands Services; (b) the External
                                              of the most significant parts of such                       The Exchange proposes to put the                  Cabinet Cable Tray fee and the Custom
                                              statements.                                              following procedures in place to manage              External Cabinet Cable Tray fee, if the
                                                                                                       the process for the Migration.                       User has such equipment installed in its
                                              A. Self-Regulatory Organization’s                           First, the Exchange would identify                current location; (c) Shipping and
                                              Statement of the Purpose of, and the                     Users that would be required to move in              Receiving fees relating to duplicate
                                              Statutory Basis for, the Proposed Rule                   the Migration based on (a) the current               equipment for the User’s new space; and
                                              Change                                                   location of the User and its current                 (d) the Badge Request Fee and Visitor
                                              1. Purpose                                               equipment and power requirements and                 Security Escort fee with respect to User
                                                                                                       (b) the availability of another location in          representative visits during the User’s
                                                 The Exchange operates a data center                   the Data Center that would                           Migration Period (together, the ‘‘Service-
                                              in Mahwah, New Jersey, from which it                     accommodate the equipment and power                  Related Fees’’).
                                              provides co-location services to Users.4                 requirements for which such User                       Finally, in consideration for the
                                              The Exchange’s co-location services                      currently subscribes. No User would be               Migration, the Exchange proposes to
                                              allow Users to rent space in the Data                    required to move more than once within               waive, for the month following the
                                              Center so they may locate their                          any 12-month period.                                 completion of a User’s move, the
                                              electronic servers in close physical                        Second, the Exchange would notify a               monthly recurring charges for that User,
                                              proximity to the Exchange’s trading and                  User in writing (the ‘‘Notice’’) that the            based on the rate of the monthly
                                              execution system.5 The Exchange                          User’s equipment and network                         recurring fees that the User is paying as
                                              proposes to establish procedures and                     connections in the Data Center are to be             of the date of the Notice.
                                              waive certain fees in connection with                    moved as part of the Migration. The                    The Exchange proposes to modify the
                                              the Exchange’s re-location of Users’                     Notice would identify the 90-day period              NYSE MKT Equities Price List and the
                                              equipment in the Exchange’s Data                         during which the User must move its                  NYSE Amex Options Fee Schedule to
                                              Center, operative beginning November                     equipment, which period would                        reflect the fee waivers in connection
                                              1, 2015.6                                                commence at least 60 days from the date              with the Migration.
                                                 The Data Center opened in 2010, and                   of the Notice. The exact date or dates for             The proposed change is not otherwise
                                              at that time, the Exchange represented                   the move for each User would be agreed               intended to address any other issues
                                              that it offers co-location space based on                upon between the User and the                        relating to co-location services and/or
                                              availability and that it had sufficient                  Exchange. If a move date or dates cannot             related fees, and the Exchange is not
                                              space in the Data Center to                              be agreed on, the Exchange would                     aware of any problems that Users would
                                              accommodate demand on an equitable                       schedule the move for a date or dates no             have in complying with the proposed
                                              basis for the foreseeable future.7 The                   later than 180 days after the date of the            change. The representations that the
                                              Exchange continues to believe that there                 Notice.                                              Exchange made in the 2010 Release to
                                              is sufficient space in the Data Center to                   Third, each User’s move would be                  the effect that any difference among the
                                              accommodate demand. However, much                        facilitated by the Exchange in                       positions of a User’s equipment within
                                              of the space available now is available                  cooperation with the User, including the             the Data Center does not create any
                                                                                                       un-racking and re-racking of all of the              material difference to Users in terms of
                                                 4 The Exchange initially filed rule changes
                                                                                                       User’s equipment, and the re-                        access to the Exchange continue to
                                              relating to its co-location services with the
                                              Securities and Exchange Commission
                                                                                                       installation of the User’s networking                apply.9
                                              (‘‘Commission’’) in 2010. See Securities Exchange        connections, and the Exchange would
                                              Act Release No. 62961 (September 21, 2010), 75 FR        make reasonable efforts to ensure that               2. Statutory Basis
                                              59299 (September 27, 2010) (SR–NYSEAmex–2010–            the moves take place outside of the                     The Exchange believes that the
                                              80) (‘‘2010 Release’’).
                                                 5 See id. at 59299.
                                                                                                       Exchange’s hours for business.8                      proposed rule change is consistent with
                                                 6 As specified in the NYSE MKT Equities Price
                                                                                                          Fourth, in connection with facilitating           Section 6(b) of the Act,10 in general, and
                                              List and the NYSE Amex Options Fee Schedule, a           each User’s move, the Exchange                       furthers the objectives of Sections
                                              User that incurs co-location fees for a particular co-   proposes to waive certain fees.                      6(b)(5) of the Act,11 in particular,
                                              location service pursuant thereto would not be           Specifically, the Exchange proposes to               because it provides for the equitable
                                              subject to co-location fees for the same co-location
                                              service charged by the Exchange’s affiliates New
                                                                                                       waive the monthly recurring fees                     allocation of reasonable dues, fees and
                                              York Stock Exchange LLC and NYSE Arca, Inc. See          incurred in connection with the User’s               other charges among members and other
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                                              Securities Exchange Act Release No. 70176 (August        new space for the month during which                 persons using any facility or system
                                              13, 2013), 78 FR 50471 (August 19, 2013) (SR–            the User’s move commences. This                      which the Exchange operates or controls
                                              NYSEMKT–2013–67). The Exchange’s affiliates
                                              have also submitted substantially the same
                                                                                                       waiver of the monthly recurring fees                 and is designed to prevent fraudulent
                                              proposed rule change to propose the changes              would mean that the User would not
                                                                                                                                                              9 See supra note 4 at 59299.
                                              described herein. See SR–NYSE–2015–42 and SR–
                                              NYSEArca–2015–85.                                         8 See                                                 10 15 U.S.C. 78f(b).
                                                                                                             NYSE MKT Equities Rule 51 and NYSE
                                                 7 See supra note 4 at 59299.                          Amex Options Rule 900.2NY(15).                         11 15 U.S.C. 78f(b)(5).




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                                              66946                            Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                              and manipulative acts and practices, to                    requirements, terms and conditions                    fee, or other charge imposed by the
                                              promote just and equitable principles of                   established from time to time by the                  Exchange.
                                              trade, to foster cooperation and                           Exchange.                                                At any time within 60 days of the
                                              coordination with persons engaged in                          Finally, the Exchange believes that it             filing of such proposed rule change, the
                                              regulating, clearing, settling, processing                 is subject to significant competitive                 Commission summarily may
                                              information with respect to, and                           forces, as described below in the                     temporarily suspend such rule change if
                                              facilitating transactions in securities, to                Exchange’s statement regarding the                    it appears to the Commission that such
                                              remove impediments to, and perfect the                     burden on competition.                                action is necessary or appropriate in the
                                              mechanisms of, a free and open market                         For these reasons, the Exchange                    public interest, for the protection of
                                              and a national market system and, in                       believes that the proposal is consistent              investors, or otherwise in furtherance of
                                              general, to protect investors and the                      with the Act.                                         the purposes of the Act. If the
                                              public interest and because it is not                                                                            Commission takes such action, the
                                              designed to permit unfair                                  B. Self-Regulatory Organization’s                     Commission shall institute proceedings
                                              discrimination between customers,                          Statement on Burden on Competition                    under Section 19(b)(2)(B) 16 of the Act to
                                              issuers, brokers, or dealers.                                In accordance with Section 6(b)(8) of               determine whether the proposed rule
                                                 Additionally, the proposed changes                      the Act,13 the Exchange believes that the             change should be approved or
                                              would be applied uniformly by the                          proposed rule change would not impose                 disapproved.
                                              Exchange to comparable Users and                           any burden on competition that is not                 IV. Solicitation of Comments
                                              would not unfairly discriminate                            necessary or appropriate in furtherance
                                              between similarly situated Users of co-                                                                            Interested persons are invited to
                                                                                                         of the purposes of the Act. The                       submit written data, views, and
                                              location services.
                                                                                                         Exchange believes that the proposed                   arguments concerning the foregoing,
                                                 The Exchange believes that the
                                              proposal to establish procedures and                       procedures for identifying the Users that             including whether the proposed rule
                                              waive certain fees in connection with                      would be moved and the proposed fee                   change is consistent with the Act.
                                              the movement of equipment at the                           waivers are pro-competitive because                   Comments may be submitted by any of
                                              Exchange’s Data Center would remove                        they facilitate the Migration, which                  the following methods:
                                              impediments to, and perfect the                            would in turn facilitate use of the
                                                                                                         Exchange’s Data Center, and provide                   Electronic Comments
                                              mechanisms of, a free and open market
                                              and a national market system and, in                       access to the Data Center to current and                • Use the Commission’s Internet
                                              general, protect investors and the public                  additional market participants.                       comment form (http://www.sec.gov/
                                              interest because it would allow the                          Finally, the Exchange notes that it                 rules/sro.shtml); or
                                              Exchange to have sufficient space in the                   operates in a highly competitive market                 • Send an email to rule-comments@
                                              Data Center to accommodate demand on                       in which market participants can                      sec.gov. Please include File Number SR–
                                              an equitable basis for the foreseeable                     readily favor competing venues if, for                NYSEMKT–2015–70 on the subject line.
                                              future. The Exchange believes that the                     example, they deem fee levels at a
                                                                                                                                                               Paper Comments
                                              waiver of overlapping monthly                              particular venue to be excessive or if
                                              recurring charges, the waiver of the                       they determine that another venue’s                      • Send paper comments in triplicate
                                              Service-Related Fees, and the waiver of                    products and services are more                        to Brent J. Fields, Secretary, Securities
                                              one month of monthly recurring charges                     competitive than on the Exchange. In                  and Exchange Commission, 100 F Street
                                              is reasonable because Users would be                       such an environment, the Exchange                     NE., Washington, DC 20549–1090.
                                              moving at the Exchange’s request and                       must continually review, and consider                 All submissions should refer to File
                                              the waivers would help to alleviate the                    adjusting, the services it offers as well             Number SR–NYSEMKT–2015–70. This
                                              burden on the Users that are required to                   as any corresponding fees and credits to              file number should be included on the
                                              move.                                                      remain competitive with other                         subject line if email is used. To help the
                                                 The Exchange also believes that the                     exchanges. For the reasons described                  Commission process and review your
                                              proposed rule change is consistent with                    above, the Exchange believes that the                 comments more efficiently, please use
                                              Section 6(b)(4) of the Act,12 in                           proposed rule change reflects this                    only one method. The Commission will
                                              particular, because it provides for the                    competitive environment.                              post all comments on the Commission’s
                                              equitable allocation of reasonable dues,                                                                         Internet Web site (http://www.sec.gov/
                                                                                                         C. Self-Regulatory Organization’s                     rules/sro.shtml). Copies of the
                                              fees, and other charges among its
                                                                                                         Statement on Comments on the                          submission, all subsequent
                                              Members, issuers and other persons
                                                                                                         Proposed Rule Change Received From                    amendments, all written statements
                                              using its facilities and does not unfairly
                                                                                                         Members, Participants, or Others                      with respect to the proposed rule
                                              discriminate between customers,
                                              issuers, brokers or dealers. Pursuant to                     No written comments were solicited                  change that are filed with the
                                              the proposed procedures for selecting                      or received with respect to the proposed              Commission, and all written
                                              which Users would be required to move                      rule change.                                          communications relating to the
                                              within the Data Center, a User would be                                                                          proposed rule change between the
                                                                                                         III. Date of Effectiveness of the                     Commission and any person, other than
                                              required to move only if the Exchange
                                                                                                         Proposed Rule Change and Timing for                   those that may be withheld from the
                                              would be able to accommodate such
                                                                                                         Commission Action                                     public in accordance with the
                                              User’s current space and power
                                              requirements at the new location, so as                      The foregoing rule change is effective              provisions of 5 U.S.C. 552, will be
                                              to minimize the disruption to the User.                    upon filing pursuant to Section                       available for Web site viewing and
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                                                 For the reasons above, the proposed                     19(b)(3)(A) 14 of the Act and                         printing in the Commission’s Public
                                              change would not unfairly discriminate                     subparagraph (f)(2) of Rule 19b–4 15                  Reference Section, 100 F Street NE.,
                                              between or among market participants                       thereunder, because it establishes a due,             Washington, DC 20549–1090. Copies of
                                              that are otherwise capable of satisfying                                                                         the filing will also be available for
                                              any applicable co-location fees,                             13 15 U.S.C. 78f(b)(8).                             inspection and copying at the NYSE’s
                                                                                                           14 15 U.S.C. 78s(b)(3)(A).
                                                12 15   U.S.C. 78f(b)(4).                                  15 17 CFR 240.19b–4(f)(2).                            16 15   U.S.C. 78s(b)(2)(B).



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                                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                                 66947

                                              principal office and on its Internet Web                at http://nasdaq.cchwallstreet.com, at                 effort to improve the utility of the NTF,
                                              site at www.nyse.com. All comments                      the principal office of the Exchange, and              Nasdaq is developing a test environment
                                              received will be posted without change;                 at the Commission’s Public Reference                   located in Carteret that will provide the
                                              the Commission does not edit personal                   Room.                                                  same functionality as the testing
                                              identifying information from                                                                                   functionality of Ashburn, yet more
                                                                                                      II. Self-Regulatory Organization’s
                                              submissions. You should submit only                                                                            closely approximate the live trading
                                                                                                      Statement of the Purpose of, and
                                              information that you wish to make                                                                              environment due to its proximity to the
                                                                                                      Statutory Basis for, the Proposed Rule
                                              available publicly. All submissions                                                                            System and upgraded hardware. In
                                                                                                      Change
                                              should refer to File Number SR–                                                                                particular, the Carteret test environment
                                              NYSEMKT–2015–70 and should be                              In its filing with the Commission, the              will take advantage of technology
                                              submitted on or before November 20,                     Exchange included statements                           upgrades Nasdaq is making to its
                                              2015.                                                   concerning the purpose of and basis for                trading-related systems. Unlike the
                                                                                                      the proposed rule change and discussed                 Ashburn test environment, the Carteret
                                                For the Commission, by the Division of
                                              Trading and Markets, pursuant to delegated              any comments it received on the                        test environment will provide dedicated
                                              authority.17                                            proposed rule change. The text of these                connectivity to the facility via a cross-
                                              Robert W. Errett,                                       statements may be examined at the                      connection to either a member firm’s
                                                                                                      places specified in Item IV below. The                 direct connection router in Carteret or
                                              Deputy Secretary.
                                                                                                      Exchange has prepared summaries, set                   its co-location cabinet.
                                              [FR Doc. 2015–27655 Filed 10–29–15; 8:45 am]
                                                                                                      forth in sections A, B, and C below, of
                                              BILLING CODE 8011–01–P
                                                                                                      the most significant aspects of such                      Nasdaq notes that, because the
                                                                                                      statements.                                            Carteret facility also houses the System,
                                                                                                                                                             subscribers to the Carteret test
                                              SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s                      environment will no longer need to pay
                                              COMMISSION                                              Statement of the Purpose of, and                       for third party connectivity to Ashburn,4
                                                                                                      Statutory Basis for, the Proposed Rule                 provided the sole purpose for
                                              [Release No. 34–76259; File No. SR–
                                              NASDAQ–2015–117]                                        Change                                                 connecting to Ashburn is for testing and
                                                                                                      1. Purpose                                             not also for co-location or disaster
                                              Self-Regulatory Organizations; The                                                                             recovery. Such member firms may use
                                              NASDAQ Stock Market LLC; Notice of                         Nasdaq proposes to amend its Options                an existing connection to Carteret to
                                              Filing and Immediate Effectiveness of                   Pricing at Chapter XV to adopt a new                   access the NTF through the use of a
                                              Proposed Rule Change to Options                         Section 13, entitled ‘‘Testing Facilities’’            dedicated switch port and cross connect
                                              Testing Facility                                        to establish fees to subscribe for testing.            within the facility. Similar to the
                                                                                                      Currently, Options Participants may test               equities test facility,5 the Exchange will
                                              October 26, 2015.                                       in a virtual trading environment for                   assess a fee for the connection to this
                                                 Pursuant to Section 19(b)(1) of the                  purposes of testing in Ashburn, Virginia
                                                                                                                                                             virtual trading environment for testing.
                                              Securities Exchange Act of 1934                         (‘‘Ashburn’’), at no cost. The NTF
                                                                                                                                                             Specifically, Nasdaq proposes a $1,000
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 provides subscribers a virtual System
                                                                                                                                                             per hand-off, per month fee for
                                              notice is hereby given that, on October                 environment for testing upcoming
                                                                                                                                                             connection to the Testing Facility. The
                                              16, 2015, The NASDAQ Stock Market                       Nasdaq releases and product
                                                                                                                                                             hand-off fee includes either a 1Gb or
                                              LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed                  enhancements, as well as testing firm
                                                                                                                                                             10Gb switch port and a cross connect to
                                              with the Securities and Exchange                        software prior to implementation. The
                                                                                                                                                             the Testing Facility. Subscribers shall
                                              Commission (‘‘Commission’’) the                         test environment closely approximates
                                                                                                                                                             also pay a one-time installation fee of
                                              proposed rule change as described in                    the production environment to enable
                                                                                                                                                             $1,000 per hand-off.
                                              Items I, II, and III below, which Items                 subscribers to test their automated
                                              have been prepared by the Exchange.                     systems that integrate with the                           The connectivity provided under this
                                              The Commission is publishing this                       Exchange.                                              rule also provides connectivity to the
                                              notice to solicit comments on the                          The Exchange is moving the options                  other test environments of NASDAQ
                                              proposed rule change from interested                    test environment from the Ashburn                      OMX PHLX LLC and NASDAQ OMX
                                              persons.                                                location to Carteret, NJ (‘‘Carteret’’),               BX, Inc. Additionally, the connectivity
                                                                                                      which is also the location of Nasdaq’s                 may be utilized for either equities or
                                              I. Self-Regulatory Organization’s                       primary trading System. While Options                  options testing. If for example a Phlx
                                              Statement of the Terms of the Substance                 Participants will be able to continue to               [sic] member has already paid the
                                              of the Proposed Rule Change                             utilize the Ashburn facility at no cost                $1,000 per hand-off, per month for
                                                 The Exchange proposes to amend its                   until that facility is no longer in use,               connection to the Testing Facility in
                                              Options Pricing at Chapter XV to adopt                  Options Participants will be able to                   Carteret, there would be no need to pay
                                              a new Section 13, entitled ‘‘Testing                    subscribe to the Carteret test facility for            this fee for options testing.
                                              Facilities’’ which describes fees in                    future testing.3                                          Notwithstanding the foregoing,
                                              connection with the use of the Testing                     The relatively large distance between               Nasdaq will also continue to offer
                                              Facility (‘‘NTF’’) test environment                     the Ashburn Testing Facility and the                   certain limited testing capabilities free
                                              located in Carteret, New Jersey.                        majority of Nasdaq firms results in                    of charge at Carteret. Options
                                                 While the changes proposed herein                    expensive connectivity costs for                       Participants that connect to Cartert’s
                                              are effective upon filing, the Exchange                 customers that connect via                             [sic] NTF through a virtual private
                                              has designated that the amendments be                   telecommunication providers. As a                      network (‘‘VPN’’) through the internet
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                                              operative on October 26, 2015.                          consequence, a large majority of                       for site-to-site limited order routing
                                                 The text of the proposed rule change                 member firms do not connect to
                                              is available on the Exchange’s Web site                 Ashburn for NTF connectivity. In an                      4 Today, member firms pay fees to third party

                                                                                                                                                             connectivity providers to provide connection from
                                                17 17 CFR 200.30–3(a)(12).                              3 The Exchange anticipates that it will sunset the   the member firm to Ashburn.
                                                1 15 U.S.C. 78s(b)(1).                                Ashburn trading testing functionality on January 29,     5 See Nasdaq Rule 7030, concerning equities
                                                2 17 CFR 240.19b–4.                                   2016.                                                  pricing.



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Document Created: 2015-12-14 15:29:46
Document Modified: 2015-12-14 15:29:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 66944 

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