80_FR_67168 80 FR 66958 - Self-Regulatory Organizations; NYSE Arca, Inc.; 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 66958 - Self-Regulatory Organizations; NYSE Arca, Inc.; 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 Range66958-66960
FR Document2015-27653

Federal Register, Volume 80 Issue 210 (Friday, October 30, 2015)
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66958-66960]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27653]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76270; File No. SR-NYSEARCA-2015-85]


Self-Regulatory Organizations; NYSE Arca, Inc.; 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 Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') 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.

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. 
63275 (November 8, 2010), 75 FR 70048 (November 16, 2010) (SR-
NYSEArca-2010-100) (``2010 Release'').
    \5\ See id. at 70049.
    \6\ As specified in the NYSE Arca Equities Schedule of Fees and 
Charges for Exchange Services and the NYSE Arca 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 NYSE MKT LLC and New York Stock Exchange LLC. 
See Securities Exchange Act Release No. 70173 (August 13, 2013), 78 
FR 50459 (August 19, 2013) (SR-NYSEArca-2013-80).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-NYSEMKT-2015-70.
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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 70049.
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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 Arca Equities Rule 1.1(j) and NYSE Arca Options 
Rule 6.1A(a)(3).
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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

[[Page 66959]]

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 Arca Options Fee Schedule 
and, through its wholly owned subsidiary NYSE Arca Equities, Inc., the 
NYSE Arca Equities Schedule of Fees and Charges for Exchange Services, 
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 70049.
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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 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.
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    \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.
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    \12\ 15 U.S.C. 78f(b)(4).
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    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.
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    \13\ 15 U.S.C. 78f(b)(8).
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    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).
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    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

[[Page 66960]]

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).
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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-NYSEARCA-2015-85 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-NYSEARCA-2015-85. 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 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-NYSEARCA-2015-85 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. 2015-27653 Filed 10-29-15; 8:45 am]
BILLING CODE 8011-01-P



                                              66958                          Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                                For the Commission, by the Division of                The Exchange has prepared summaries,                   move some Users’ equipment within the
                                              Trading and Markets, pursuant to delegated              set forth in sections A, B, and C below,               Data Center (the ‘‘Migration’’).
                                              authority.11                                            of the most significant parts of such                     The Exchange proposes to put the
                                              Robert W. Errett,                                       statements.                                            following procedures in place to manage
                                              Deputy Secretary.                                                                                              the process for the Migration.
                                                                                                      A. Self-Regulatory Organization’s                         First, the Exchange would identify
                                              [FR Doc. 2015–27657 Filed 10–29–15; 8:45 am]
                                                                                                      Statement of the Purpose of, and the                   Users that would be required to move in
                                              BILLING CODE 8011–01–P
                                                                                                      Statutory Basis for, the Proposed Rule                 the Migration based on (a) the current
                                                                                                      Change                                                 location of the User and its current
                                              SECURITIES AND EXCHANGE                                 1. Purpose                                             equipment and power requirements and
                                              COMMISSION                                                 The Exchange operates a data center                 (b) the availability of another location in
                                                                                                      in Mahwah, New Jersey, from which it                   the Data Center that would
                                              [Release No. 34–76270; File No. SR–                                                                            accommodate the equipment and power
                                              NYSEARCA–2015–85]                                       provides co-location services to Users.4
                                                                                                      The Exchange’s co-location services                    requirements for which such User
                                              Self-Regulatory Organizations; NYSE                     allow Users to rent space in the Data                  currently subscribes. No User would be
                                              Arca, Inc.; Notice of Filing and                        Center so they may locate their                        required to move more than once within
                                              Immediate Effectiveness of Proposed                     electronic servers in close physical                   any 12-month period.
                                              Rule Change Establishing Procedures                                                                               Second, the Exchange would notify a
                                                                                                      proximity to the Exchange’s trading and
                                              and Credits in Connection With the Re-                                                                         User in writing (the ‘‘Notice’’) that the
                                                                                                      execution system.5 The Exchange
                                              location of Equipment in the                            proposes to establish procedures and                   User’s equipment and network
                                              Exchange’s Data Center                                  waive certain fees in connection with                  connections in the Data Center are to be
                                                                                                      the Exchange’s re-location of Users’                   moved as part of the Migration. The
                                              October 26, 2015.
                                                                                                      equipment in the Exchange’s Data                       Notice would identify the 90-day period
                                                 Pursuant to Section 19(b)(1) 1 of the                Center, operative beginning November                   during which the User must move its
                                              Securities Exchange Act of 1934 (the                    1, 2015.6                                              equipment, which period would
                                              ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                     The Data Center opened in 2010, and                 commence at least 60 days from the date
                                              notice is hereby given that, on October                 at that time, the Exchange represented                 of the Notice. The exact date or dates for
                                              22, 2015, NYSE Arca, Inc. (the                          that it offers co-location space based on              the move for each User would be agreed
                                              ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with               availability and that it had sufficient                upon between the User and the
                                              the Securities and Exchange                             space in the Data Center to                            Exchange. If a move date or dates cannot
                                              Commission (the ‘‘Commission’’) the                     accommodate demand on an equitable                     be agreed on, the Exchange would
                                              proposed rule change as described in                    basis for the foreseeable future.7 The                 schedule the move for a date or dates no
                                              Items I, II, and III below, which Items                 Exchange continues to believe that there               later than 180 days after the date of the
                                              have been prepared by the self-                         is sufficient space in the Data Center to              Notice.
                                              regulatory organization. The                            accommodate demand. However, much                         Third, each User’s move would be
                                              Commission is publishing this notice to                 of the space available now is available                facilitated by the Exchange in
                                              solicit comments on the proposed rule                   in smaller segments, resulting from an                 cooperation with the User, including the
                                              change from interested persons.                         increasing number of Users, multiple                   un-racking and re-racking of all of the
                                                                                                      moves within the Data Center, and                      User’s equipment, and the re-
                                              I. Self-Regulatory Organization’s                                                                              installation of the User’s networking
                                              Statement of the Terms of Substance of                  changes to Users’ space requirements—
                                                                                                      both increases and decreases—since                     connections, and the Exchange would
                                              the Proposed Rule Change                                                                                       make reasonable efforts to ensure that
                                                                                                      2010. At this time, the Exchange has
                                                 The Exchange proposes to establish                   determined that, in order to continue to               the moves take place outside of the
                                              procedures and credits in connection                    be able to meet its obligation to                      Exchange’s hours for business.8
                                              with the re-location of equipment in the                accommodate demand, and in particular                     Fourth, in connection with facilitating
                                              Exchange’s Data Center The text of the                  to make available more contiguous,                     each User’s move, the Exchange
                                              proposed rule change is available on the                larger spaces for new and existing Users,              proposes to waive certain fees.
                                              Exchange’s Web site at www.nyse.com,                    the Exchange must exercise its right to                Specifically, the Exchange proposes to
                                              at the principal office of the Exchange,                                                                       waive the monthly recurring fees
                                              and at the Commission’s Public                             4 The Exchange initially filed rule changes         incurred in connection with the User’s
                                              Reference Room.                                         relating to its co-location services with the          new space for the month during which
                                                                                                      Securities and Exchange Commission                     the User’s move commences. This
                                              II. Self-Regulatory Organization’s                      (‘‘Commission’’) in 2010. See Securities Exchange
                                                                                                                                                             waiver of the monthly recurring fees
                                              Statement of the Purpose of, and                        Act Release No. 63275 (November 8, 2010), 75 FR
                                                                                                      70048 (November 16, 2010) (SR–NYSEArca–2010–           would mean that the User would not
                                              Statutory Basis for, the Proposed Rule                  100) (‘‘2010 Release’’).                               incur these fees for the period of
                                              Change                                                     5 See id. at 70049.
                                                                                                                                                             overlapping use of the equipment and
                                                                                                         6 As specified in the NYSE Arca Equities
                                                In its filing with the Commission, the                                                                       services in the old and the new
                                                                                                      Schedule of Fees and Charges for Exchange Services
                                              self-regulatory organization included                   and the NYSE Arca Options Fee Schedule, a User         locations, as long as the move is
                                              statements concerning the purpose of,                   that incurs co-location fees for a particular co-      completed within one month.
                                              and basis for, the proposed rule change                 location service pursuant thereto would not be            In addition, the Exchange proposes to
                                                                                                      subject to co-location fees for the same co-location   waive all service-related charges that the
                                              and discussed any comments it received                  service charged by the Exchange’s affiliates NYSE
                                              on the proposed rule change. The text                   MKT LLC and New York Stock Exchange LLC. See           User would incur if such a move were
tkelley on DSK3SPTVN1PROD with NOTICES




                                              of those statements may be examined at                  Securities Exchange Act Release No. 70173 (August      to take place at a User’s request with
                                              the places specified in Item IV below.                  13, 2013), 78 FR 50459 (August 19, 2013) (SR–          respect to the User’s existing services
                                                                                                      NYSEArca–2013–80).The Exchange’s affiliates have       and equipment. The service-related
                                                                                                      also submitted substantially the same proposed rule
                                                11 17 CFR 200.30–3(a)(12).                            change to propose the changes described herein.        charges to be waived would be: (a) The
                                                1 15 U.S.C. 78s(b)(1).                                See SR–NYSE–2015–42 and SR–NYSEMKT–2015–
                                                2 15 U.S.C. 78a.                                      70.                                                      8 See NYSE Arca Equities Rule 1.1(j) and NYSE
                                                3 17 CFR 240.19b–4.                                      7 See supra note 4 at 70049.                        Arca Options Rule 6.1A(a)(3).



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                                                                               Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                        66959

                                              Change Fee, Initial Install Services and                and a national market system and, in                     For these reasons, the Exchange
                                              Hot Hands Services; (b) the External                    general, to protect investors and the                  believes that the proposal is consistent
                                              Cabinet Cable Tray fee and the Custom                   public interest and because it is not                  with the Act.
                                              External Cabinet Cable Tray fee, if the                 designed to permit unfair
                                                                                                                                                             B. Self-Regulatory Organization’s
                                              User has such equipment installed in its                discrimination between customers,
                                                                                                                                                             Statement on Burden on Competition
                                              current location; (c) Shipping and                      issuers, brokers, or dealers.
                                              Receiving fees relating to duplicate                       Additionally, the proposed changes                    In accordance with Section 6(b)(8) of
                                              equipment for the User’s new space; and                 would be applied uniformly by the                      the Act,13 the Exchange believes that the
                                              (d) the Badge Request Fee and Visitor                   Exchange to comparable Users and                       proposed rule change would not impose
                                              Security Escort fee with respect to User                would not unfairly discriminate                        any burden on competition that is not
                                              representative visits during the User’s                 between similarly situated Users of co-                necessary or appropriate in furtherance
                                              Migration Period (together, the ‘‘Service-              location services.                                     of the purposes of the Act. The
                                              Related Fees’’).                                           The Exchange believes that the                      Exchange believes that the proposed
                                                Finally, in consideration for the                     proposal to establish procedures and                   procedures for identifying the Users that
                                              Migration, the Exchange proposes to                     waive certain fees in connection with                  would be moved and the proposed fee
                                              waive, for the month following the                      the movement of equipment at the                       waivers are pro-competitive because
                                              completion of a User’s move, the                        Exchange’s Data Center would remove                    they facilitate the Migration, which
                                              monthly recurring charges for that User,                impediments to, and perfect the                        would in turn facilitate use of the
                                              based on the rate of the monthly                        mechanisms of, a free and open market                  Exchange’s Data Center, and provide
                                              recurring fees that the User is paying as               and a national market system and, in                   access to the Data Center to current and
                                              of the date of the Notice.                              general, protect investors and the public              additional market participants.
                                                The Exchange proposes to modify the                   interest because it would allow the                      Finally, the Exchange notes that it
                                              NYSE Arca Options Fee Schedule and,                     Exchange to have sufficient space in the               operates in a highly competitive market
                                              through its wholly owned subsidiary                     Data Center to accommodate demand on                   in which market participants can
                                              NYSE Arca Equities, Inc., the NYSE                      an equitable basis for the foreseeable                 readily favor competing venues if, for
                                              Arca Equities Schedule of Fees and                      future. The Exchange believes that the                 example, they deem fee levels at a
                                              Charges for Exchange Services, to reflect               waiver of overlapping monthly                          particular venue to be excessive or if
                                              the fee waivers in connection with the                  recurring charges, the waiver of the                   they determine that another venue’s
                                              Migration.                                              Service-Related Fees, and the waiver of                products and services are more
                                                The proposed change is not otherwise                  one month of monthly recurring charges                 competitive than on the Exchange. In
                                              intended to address any other issues                    is reasonable because Users would be                   such an environment, the Exchange
                                              relating to co-location services and/or                 moving at the Exchange’s request and                   must continually review, and consider
                                              related fees, and the Exchange is not                   the waivers would help to alleviate the                adjusting, the services it offers as well
                                              aware of any problems that Users would                  burden on the Users that are required to               as any corresponding fees and credits to
                                              have in complying with the proposed                     move.                                                  remain competitive with other
                                              change. The representations that the                       The Exchange also believes that the                 exchanges. For the reasons described
                                              Exchange made in the 2010 Release to                    proposed rule change is consistent with                above, the Exchange believes that the
                                              the effect that any difference among the                Section 6(b)(4) of the Act,12 in                       proposed rule change reflects this
                                              positions of a User’s equipment within                  particular, because it provides for the                competitive environment.
                                              the Data Center does not create any                     equitable allocation of reasonable dues,
                                              material difference to Users in terms of                                                                       C. Self-Regulatory Organization’s
                                                                                                      fees, and other charges among its                      Statement on Comments on the
                                              access to the Exchange continue to                      Members, issuers and other persons
                                              apply.9                                                                                                        Proposed Rule Change Received From
                                                                                                      using its facilities and does not unfairly             Members, Participants, or Others
                                              2. Statutory Basis                                      discriminate between customers,
                                                                                                      issuers, brokers or dealers. Pursuant to                 No written comments were solicited
                                                 The Exchange believes that the                                                                              or received with respect to the proposed
                                              proposed rule change is consistent with                 the proposed procedures for selecting
                                                                                                      which Users would be required to move                  rule change.
                                              Section 6(b) of the Act,10 in general, and
                                              furthers the objectives of Sections                     within the Data Center, a User would be                III. Date of Effectiveness of the
                                              6(b)(5) of the Act,11 in particular,                    required to move only if the Exchange                  Proposed Rule Change and Timing for
                                              because it provides for the equitable                   would be able to accommodate such                      Commission Action
                                              allocation of reasonable dues, fees and                 User’s current space and power                            The foregoing rule change is effective
                                              other charges among members and other                   requirements at the new location, so as                upon filing pursuant to Section
                                              persons using any facility or system                    to minimize the disruption to the User.                19(b)(3)(A) 14 of the Act and
                                              which the Exchange operates or controls                    For the reasons above, the proposed                 subparagraph (f)(2) of Rule 19b–4 15
                                              and is designed to prevent fraudulent                   change would not unfairly discriminate                 thereunder, because it establishes a due,
                                              and manipulative acts and practices, to                 between or among market participants                   fee, or other charge imposed by the
                                              promote just and equitable principles of                that are otherwise capable of satisfying               Exchange.
                                              trade, to foster cooperation and                        any applicable co-location fees,                          At any time within 60 days of the
                                              coordination with persons engaged in                    requirements, terms and conditions                     filing of such proposed rule change, the
                                              regulating, clearing, settling, processing              established from time to time by the                   Commission summarily may
                                              information with respect to, and                        Exchange.                                              temporarily suspend such rule change if
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                                              facilitating transactions in securities, to                Finally, the Exchange believes that it              it appears to the Commission that such
                                              remove impediments to, and perfect the                  is subject to significant competitive                  action is necessary or appropriate in the
                                              mechanisms of, a free and open market                   forces, as described below in the                      public interest, for the protection of
                                                                                                      Exchange’s statement regarding the
                                                9 See supra note 4 at 70049.                          burden on competition.                                   13 15 U.S.C. 78f(b)(8).
                                                10 15 U.S.C. 78f(b).                                                                                           14 15 U.S.C. 78s(b)(3)(A).
                                                11 15 U.S.C. 78f(b)(5).                                 12 15   U.S.C. 78f(b)(4).                              15 17 CFR 240.19b–4(f)(2).




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                                              66960                            Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                              investors, or otherwise in furtherance of                  should refer to File Number SR–                                                                            Percent
                                              the purposes of the Act. If the                            NYSEARCA–2015–85 and should be
                                              Commission takes such action, the                          submitted on or before November 20,                        Businesses       Without           Credit
                                              Commission shall institute proceedings                     2015.                                                        Available Elsewhere ..............              4.000
                                              under Section 19(b)(2)(B) 16 of the Act to                                                                            Non-Profit Organizations With
                                                                                                           For the Commission, by the Division of                     Credit Available Elsewhere ...                  2.625
                                              determine whether the proposed rule                        Trading and Markets, pursuant to delegated                 Non-Profit Organizations With-
                                              change should be approved or                               authority.17                                                 out Credit Available Else-
                                              disapproved.                                               Robert W. Errett                                             where .....................................     2.625
                                              IV. Solicitation of Comments                               Deputy Secretary.                                          For Economic Injury:
                                                                                                         [FR Doc. 2015–27653 Filed 10–29–15; 8:45 am]               Businesses & Small Agricultural
                                                Interested persons are invited to                                                                                     Cooperatives Without Credit
                                              submit written data, views, and                            BILLING CODE 8011–01–P
                                                                                                                                                                      Available Elsewhere ..............              4.000
                                              arguments concerning the foregoing,                                                                                   Non-Profit Organizations With-
                                              including whether the proposed rule                                                                                     out Credit Available Else-
                                              change is consistent with the Act.                         SMALL BUSINESS ADMINISTRATION                                where .....................................     2.625
                                              Comments may be submitted by any of                        [Disaster Declaration #14513 and #14514]
                                              the following methods:                                                                                                The number assigned to this disaster
                                                                                                         Texas Disaster #TX–00455                                 for physical damage is 14513 6 and for
                                              Electronic Comments                                                                                                 economic injury is 14514 0.
                                                 • Use the Commission’s Internet                         AGENCY: U.S. Small Business                                The State which received an EIDL
                                              comment form (http://www.sec.gov/                          Administration.                                          Declaration # is Texas.
                                              rules/sro.shtml); or                                       ACTION: Notice.                                          (Catalog of Federal Domestic Assistance
                                                 • Send an email to rule-comments@                                                                                Numbers 59008)
                                              sec.gov. Please include File Number SR–                    SUMMARY:    This is a notice of an
                                              NYSEARCA–2015–85 on the subject                            Administrative declaration of a disaster                  Dated: October 22, 2015.
                                              line.                                                      for the State of Texas dated 10/22/2015.                 Maria Contreras-Sweet,
                                                                                                            Incident: Flooding.                                   Administrator.
                                              Paper Comments                                                Incident Period: 10/08/2015 through                   [FR Doc. 2015–27626 Filed 10–29–15; 8:45 am]
                                                 • Send paper comments in triplicate                     10/09/2015.                                              BILLING CODE 8025–01–P
                                              to Brent J. Fields, Secretary, Securities                     Effective Date: 10/22/2015.
                                              and Exchange Commission, 100 F Street                         Physical Loan Application Deadline
                                              NE., Washington, DC 20549–1090.                            Date: 12/21/2015.                                        SMALL BUSINESS ADMINISTRATION
                                                                                                            Economic Injury (EIDL) Loan
                                              All submissions should refer to File
                                                                                                         Application Deadline Date: 07/22/2016.                   [Disaster Declaration #14501 and #14502]
                                              Number SR–NYSEARCA–2015–85. This
                                              file number should be included on the                      ADDRESSES: Submit completed loan
                                                                                                         applications to: U.S. Small Business                     South Carolina Disaster Number SC–
                                              subject line if email is used. To help the                                                                          00032
                                              Commission process and review your                         Administration, Processing and
                                              comments more efficiently, please use                      Disbursement Center, 14925 Kingsport                     AGENCY: U.S. Small Business
                                              only one method. The Commission will                       Road, Fort Worth, TX 76155.                              Administration.
                                              post all comments on the Commission’s                      FOR FURTHER INFORMATION CONTACT: A.                      ACTION: Amendment 2.
                                              Internet Web site (http://www.sec.gov/                     Escobar, Office of Disaster Assistance,
                                              rules/sro.shtml). Copies of the                            U.S. Small Business Administration,                      SUMMARY: This is an amendment of the
                                              submission, all subsequent                                 409 3rd Street SW., Suite 6050,                        Presidential declaration of a major
                                              amendments, all written statements                         Washington, DC 20416.                                  disaster for Public Assistance Only for
                                              with respect to the proposed rule                          SUPPLEMENTARY INFORMATION: Notice is                   the State of SOUTH CAROLINA
                                              change that are filed with the                             hereby given that as a result of the                   (FEMA–4241–DR), dated 10/15/2015.
                                              Commission, and all written                                Administrator’s disaster declaration,                    Incident: Severe Storms and Flooding.
                                              communications relating to the                             applications for disaster loans may be                   Incident Period: 10/01/2015 and
                                              proposed rule change between the                           filed at the address listed above or other             continuing.
                                                                                                         locally announced locations.                             Effective Date: 10/22/2015.
                                              Commission and any person, other than
                                                                                                            The following areas have been                         Physical Loan Application Deadline
                                              those that may be withheld from the
                                                                                                         determined to be adversely affected by                 Date: 12/14/2015.
                                              public in accordance with the                                                                                       Economic Injury (EIDL) Loan
                                              provisions of 5 U.S.C. 552, will be                        the disaster:
                                                                                                                                                                Application Deadline Date: 07/14/2016.
                                              available for Web site viewing and                         Primary Counties: Maverick.
                                                                                                         Contiguous Counties:                                   ADDRESSES: Submit completed loan
                                              printing in the Commission’s Public
                                              Reference Section, 100 F Street NE.,                          Texas: Dimmit, Kinney, Uvalde,                      applications to: U.S. Small Business
                                              Washington, DC 20549–1090. Copies of                            Webb, Zavala.                                     Administration, Processing and
                                              the filing will also be available for                         The Interest Rates are:                             Disbursement Center, 14925 Kingsport
                                              inspection and copying at the NYSE’s                                                                              Road, Fort Worth, TX 76155.
                                              principal office and on its Internet Web                                                                 Percent  FOR FURTHER INFORMATION CONTACT: A.
                                              site at www.nyse.com. All comments                                                                                Escobar, Office of Disaster Assistance,
                                                                                                         For Physical Damage:                                   U.S. Small Business Administration,
                                              received will be posted without change;
                                                                                                           Homeowners With Credit Avail-                        409 3rd Street SW., Suite 6050,
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                                              the Commission does not edit personal                          able Elsewhere ......................        3.750 Washington, DC 20416.
                                              identifying information from                                 Homeowners Without Credit
                                              submissions. You should submit only                            Available Elsewhere ..............           1.875 SUPPLEMENTARY INFORMATION: The notice
                                              information that you wish to make                            Businesses With Credit Avail-                        of the President’s major disaster
                                              available publicly. All submissions                            able Elsewhere ......................        6.000 declaration for Private Non-Profit
                                                                                                                                                                organizations in the State of SOUTH
                                                16 15   U.S.C. 78s(b)(2)(B).                               17 17   CFR 200.30–3(a)(12).                         CAROLINA, dated 10/15/2015, is


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Document Created: 2015-12-14 15:29:03
Document Modified: 2015-12-14 15:29:03
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 66958 

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