81_FR_24986 81 FR 24905 - Self-Regulatory Organizations; NYSE MKT LLC; Order Approving a Proposed Rule Change, as Modified by Amendment No. 1, To Establish Procedures for the Allocation of Cages to Co-Located Users, Including the Waiver of Certain Fees, and To Amend the Visitor Security Escort Fee

81 FR 24905 - Self-Regulatory Organizations; NYSE MKT LLC; Order Approving a Proposed Rule Change, as Modified by Amendment No. 1, To Establish Procedures for the Allocation of Cages to Co-Located Users, Including the Waiver of Certain Fees, and To Amend the Visitor Security Escort Fee

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 81 (April 27, 2016)

Page Range24905-24907
FR Document2016-09723

Federal Register, Volume 81 Issue 81 (Wednesday, April 27, 2016)
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24905-24907]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09723]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77680; File No. SR-NYSEMKT-2016-17]


Self-Regulatory Organizations; NYSE MKT LLC; Order Approving a 
Proposed Rule Change, as Modified by Amendment No. 1, To Establish 
Procedures for the Allocation of Cages to Co-Located Users, Including 
the Waiver of Certain Fees, and To Amend the Visitor Security Escort 
Fee

 April 21, 2016.

I. Introduction

    On February 23, 2016 NYSE MKT LLC (``the Exchange'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ 
and Rule 19b-4 thereunder,\2\ a proposed rule change to establish 
procedures for the allocation of cages to co-located Users, including 
the waiver of certain fees, and to amend the visitor security escort 
fee. On March 1, 2016, the Exchange filed Amendment No. 1 to the 
proposed rule change. The proposed rule change, as modified by 
Amendment No. 1, was published for comment in the Federal Register on 
March 11, 2016.\3\ There were no comments on the proposed rule change. 
This order approves the proposed rule change, as modified by Amendment 
No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 34-77304 (March 7, 
2016), 81 FR 12981 (``Notice''). Amendment No.1 was included in the 
Notice and provided certain clarifications, including that that the 
proposed waiver of fees for two bundles of 24 cross connects, 
applicable while a User is on the waitlist, would only apply to 
cross-connects used to connect an individual User's non-contiguous 
cabinets.
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II. Background and Description of the Proposal, as Modified by 
Amendment No. 1

    The Exchange proposes to establish procedures for the allocation of 
cages to its co-located Users,\4\ including the waiver of certain fees 
subject to specified conditions, and to amend the visitor security 
escort fee.\5\ The Exchange proposes to amend the NYSE MKT Equities 
Price List (``Price List'') and the NYSE Amex Options Fee Schedule 
(``Fee Schedule'') to reflect the changes.\6\
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    \4\ For purposes of the Exchange's co-location services, a 
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. The Exchange provides 
co-location services to Users from its data center (``Data Center'') 
in Mahwah, New Jersey.
    \5\ See Notice, 81 FR at 12981.
    \6\ See id.
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    As more fully set forth in the Notice, the Exchange offers Users 
the ability to rent cages to house their cabinets in the Data 
Center,\7\ and historically has offered these cages on a first come/
first serve basis.\8\ The Exchange states that a cage typically is 
purchased by a User that has several cabinets within the Data Center 
and wishes to arrange its cabinets contiguously while also enhancing 
privacy around its cabinets.\9\ The Exchange offers three cage sizes, 
corresponding to the number of cabinets housed therein, and charges 
fees for the cages based on the size.\10\ The physical footprint of 
each cage is greater than that of the cabinets that it houses, as each 
cage is constructed so as to include aisles around the purchasing 
User's cabinets, for accessibility and to comply with safety 
regulations.\11\ In order to offer the cages, the Exchange must have 
sufficient contiguous open space available for the cage.\12\
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    \7\ See Notice, 81 FR at 12982. A User must have at least two 
cabinets in the Data Center to purchase a cage. See id.
    \8\ See Notice, 81 FR at 12982.
    \9\ See id.
    \10\ See id.
    \11\ See id.
    \12\ See id.
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    In 2015, the Exchange determined that 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, it 
would exercise its right to move some Users' equipment within the Data 
Center (the ``Migration'').\13\ The Exchange established procedures to 
manage the Migration process, and continues to implement them.\14\ The 
Exchange states that, notwithstanding the Migration, contiguous open 
space will still be limited, and may become more limited over time.\15\
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    \13\ See Notice, 81 FR at 12982; see also Securities Exchange 
Act Release No. 76269 (October 26, 2015), 80 FR 66947 (October 30, 
2015) (SR-NYSE-2015-42); Securities Exchange Act Release No. 76268 
(October 26, 2015), 80 FR 66944 (October 30, 2015) (SR-NYSEMKT-2015-
70); Securities Exchange Act Release No. 76270 (October 26, 2015), 
80 FR 66944 (October 30, 2015) (SR-NYSEArca-2015-85) (collectively 
``Migration Filing'').
    \14\ See Notice, 81 FR at 12982; see also Migration Filing supra 
note 13.
    \15\ See Notice, 81 FR at 12982.
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Proposed Cage Allocation Procedure

    The Exchange has proposed to establish procedures governing the 
allocation of cages should the currently available open contiguous 
space in the Data Center be insufficient to house a new cage or if the 
open contiguous

[[Page 24906]]

space available is sufficiently limited such that the Exchange cannot 
both provide new cages and satisfy all User demand for other co-
location services.\16\ Specifically, the Exchange proposes that it will 
place Users seeking new cages on a waitlist: (1) The order of Users on 
the list will be based on the date the Exchange receives signed orders 
for the cages from each User; (2) once the list is established, Users, 
on a rolling basis, will be allocated a cage each time one becomes 
available; (3) if a cage becomes available and the User that is at the 
top of the waitlist turns it down because it requested a different 
size, that User will remain on the waitlist and the cage will be 
offered to the next User on the list, in order, until a User accepts 
it; (4) a User that turns down a cage that is the size that it 
requested will be removed from the waitlist; and (5) if a User requests 
two cages, that User will be moved to the bottom of the waitlist upon 
the receipt of its first cage.\17\
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    \16\ See id.
    \17\ See id.
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    In connection with the proposed waitlist procedures, the Exchange 
further proposes to add General Note 3 to the Price List and Fee 
Schedule,\18\ to provide that the Exchange would, subject to specified 
conditions, waive the initial and monthly fee for two bundles of 24 
cross connects between a User's non-contiguous cabinets while it is on 
the waitlist.\19\ Specifically, the initial and monthly charge for two 
bundles of 24 cross connects will be waived for a User that is 
waitlisted for a cage for the duration of the waitlist period, provided 
that the cross connects may only be used to connect the User's non-
contiguous cabinets.\20\ The charge will no longer be waived once a 
User is removed from the waitlist.\21\ In addition, a User that is 
removed from the waitlist but subsequently requests a cage will be 
added back to the bottom of the waitlist, provided that, if the User 
was removed from the waitlist because it turned down a cage that is the 
size that it requested, it will not receive a second waiver of the 
charge.\22\
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    \18\ See Notice, 81 FR at 12983.
    \19\ See id.
    \20\ See id.
    \21\ As noted above, a User that turns down a cage because it is 
not the correct size will remain on the waitlist. A User that 
requests to be removed or that turns down a cage that is the size 
that it requested will be removed from the waitlist. See supra note 
17 and accompanying text.
    \22\ See Notice, 81 FR at 12983.
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Visitor Security Escorts

    The Exchange also proposes to amend its visitor security escort 
fee. Currently, a User visiting its cabinet(s) in the Data Center is 
required to pay a $75/hour fee for a security escort.\23\ The Exchange 
proposes to eliminate this fee for Users visiting their own cage in the 
Data Center,\24\ and change the fee for those not visiting their own 
cage from $75/hour to $75/visit.\25\ The Exchange states that a 
security escort is not needed when a User visits its own cage because 
that User would have access only to its own cabinets locked within its 
own cage,\26\ and that User will not have access to the cabinets of 
other Users or Exchange equipment, which are locked as well.\27\
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    \23\ See id.
    \24\ See id. The Exchange is also making a technical change to 
the fee schedule visitor fee to add clarity. See id.
    \25\ See id. The Exchange stated that many of the escorted 
visits lasted an hour or less. See id.
    \26\ See id.
    \27\ See id.
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III. Discussion and Commission Findings

    After careful review and consideration of the Exchange's proposal, 
the Commission finds that the proposed rule change, as modified by 
Amendment No. 1, is consistent with the requirements of the Act and the 
rules and regulations thereunder applicable to a national securities 
exchange.\28\ In particular, the Commission finds that the proposed 
rule change, as modified by Amendment No. 1, is consistent with Section 
6(b)(4) of the Act,\29\ which requires that the rules of a national 
securities exchange provide for the equitable allocation of reasonable 
dues, fees and other charges among its members and issuers and other 
persons using its facilities, and with Section 6(b)(5) of the Act,\30\ 
which requires, among other things, that the rules of a national 
securities exchange be designed to promote just and equitable 
principles of trade, to remove impediments to and perfect the mechanism 
of a free and open market and a national market system and, in general, 
to protect investors and the public interest, and not be designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
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    \28\ In approving this proposed rule change, as modified by 
Amendment No. 1, the Commission has considered the proposed rule's 
impact on efficiency, competition, and capital formation. See 15 
U.S.C. 78c(f).
    \29\ 15 U.S.C. 78f(b)(4).
    \30\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the proposed procedures for the 
allocation of cages to its co-located Users and associated waiver of 
fees subject to specified conditions are consistent with Sections 
6(b)(4) and 6(b)(5) of the Act. In particular, the Commission believes 
that the proposed cage allocation and waitlist procedures are 
reasonably designed to assist the Exchange in offering cages to current 
and future Users in the Data Center on terms that are equitable and not 
unfairly discriminatory in the event that available open contiguous 
space in the Data Center is not sufficient to house a newly requested 
cage or sufficiently limited that the Exchange cannot both provide new 
cages and satisfy all User demand for other co-location services. The 
Commission further believes that the proposal to waive the initial and 
monthly fee for two bundles of 24 cross connects between a User's non-
contiguous cabinets while a User is on the waitlist is consistent with 
the Act. Users can qualify for the fee waiver by requesting a cage and 
being placed on the waitlist until a cage becomes available to them. 
Once the Exchange offers the requested size cage to a User through the 
allocation procedure or when a User is removed from the waitlist, the 
fee would no longer be waived. In addition, if a User was removed from 
the waitlist because it turned down a cage that was the size that it 
requested, it would not receive a second waiver of the charge. The 
Commission believes that the proposed fee waiver and associated 
conditions are reasonably designed to alleviate the inconvenience for 
waitlisted Users of having cabinets in non-contiguous spaces by 
removing the cost that those Users would otherwise avoid if a cage were 
available.
    The Commission also finds the proposed amendments to the visitor 
security escort fee consistent with Sections 6(b)(4) and 6(b)(5) of the 
Act. The Exchange represents that a security escort is not needed when 
a User visits its own cage because that User would have access only to 
its own cabinets locked within its own cage,\31\ and will not have 
access to the cabinets of other Users or Exchange equipment, which are 
locked as well.\32\ In addition, the proposed rate of $75/visit for the 
visitor security escort would be a fee reduction for any visit that 
lasted more than an hour, and so it would reduce the burden placed on 
Users that remain subject to the fee. Therefore, the Commission finds 
the proposed amendments to the visitor security escort fee to be 
reasonable, equitable, and not unfairly discriminatory.
---------------------------------------------------------------------------

    \31\ See supra notes 26-27 and accompanying text.
    \32\ See id.
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    For the foregoing reasons, the Commission finds that the proposed 
rule change, as modified by Amendment No. 1, is consistent with the 
Act.

[[Page 24907]]

VII. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\33\ that the proposed rule change, as modified by Amendment No.1, 
(File No. SR-NYSEMKT-2016-17) be, and hereby is, approved.
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    \33\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\34\
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    \34\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-09723 Filed 4-26-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices                                                       24905

                                                      2. Title and purpose of information                   SECURITIES AND EXCHANGE                                  Schedule (‘‘Fee Schedule’’) to reflect the
                                                    collection: Voluntary Customer Surveys                  COMMISSION                                               changes.6
                                                    in Accordance with E.O. 12862; OMB                                                                                  As more fully set forth in the Notice,
                                                    3220–0192.                                              [Release No. 34–77680; File No. SR–
                                                                                                                                                                     the Exchange offers Users the ability to
                                                                                                            NYSEMKT–2016–17]                                         rent cages to house their cabinets in the
                                                      In accordance with Executive Order                                                                             Data Center,7 and historically has
                                                    12862, the Railroad Retirement Board                                                                             offered these cages on a first come/first
                                                                                                            Self-Regulatory Organizations; NYSE
                                                    (RRB) conducts a number of customer                                                                              serve basis.8 The Exchange states that a
                                                                                                            MKT LLC; Order Approving a
                                                    surveys designed to determine the kinds                                                                          cage typically is purchased by a User
                                                                                                            Proposed Rule Change, as Modified by
                                                    and quality of services our beneficiaries,                                                                       that has several cabinets within the Data
                                                                                                            Amendment No. 1, To Establish
                                                    claimants, employers and members of                     Procedures for the Allocation of Cages                   Center and wishes to arrange its
                                                    the public want and expect, as well as                  to Co-Located Users, Including the                       cabinets contiguously while also
                                                    their satisfaction with existing RRB                    Waiver of Certain Fees, and To Amend                     enhancing privacy around its cabinets.9
                                                    services. The information collected is                  the Visitor Security Escort Fee                          The Exchange offers three cage sizes,
                                                    used by RRB management to monitor                                                                                corresponding to the number of cabinets
                                                    customer satisfaction by determining to                 April 21, 2016.                                          housed therein, and charges fees for the
                                                    what extent services are satisfactory and               I. Introduction                                          cages based on the size.10 The physical
                                                    where and to what extent services can                                                                            footprint of each cage is greater than
                                                    be improved. The surveys are limited to                    On February 23, 2016 NYSE MKT                         that of the cabinets that it houses, as
                                                    data collections that solicit strictly                  LLC (‘‘the Exchange’’) filed with the                    each cage is constructed so as to include
                                                    voluntary opinions, and do not collect                  Securities and Exchange Commission                       aisles around the purchasing User’s
                                                    information which is required or                        (‘‘Commission’’), pursuant to Section                    cabinets, for accessibility and to comply
                                                    regulated. The information collection,                  19(b)(1) of the Securities Exchange Act                  with safety regulations.11 In order to
                                                                                                            of 1934 (‘‘Act’’) 1 and Rule 19b–4                       offer the cages, the Exchange must have
                                                    which was first approved by the Office
                                                                                                            thereunder,2 a proposed rule change to                   sufficient contiguous open space
                                                    of Management and Budget (OMB) in
                                                                                                            establish procedures for the allocation                  available for the cage.12
                                                    1997, provides the RRB with a generic                                                                               In 2015, the Exchange determined
                                                    clearance authority. This generic                       of cages to co-located Users, including
                                                                                                            the waiver of certain fees, and to amend                 that to continue to be able to meet its
                                                    authority allows the RRB to submit a                                                                             obligation to accommodate demand, and
                                                                                                            the visitor security escort fee. On March
                                                    variety of new or revised customer                                                                               in particular to make available more
                                                                                                            1, 2016, the Exchange filed Amendment
                                                    survey instruments (needed to timely                                                                             contiguous, larger spaces for new and
                                                                                                            No. 1 to the proposed rule change. The
                                                    implement customer monitoring                                                                                    existing Users, it would exercise its
                                                                                                            proposed rule change, as modified by
                                                    activities) to the Office of Management                 Amendment No. 1, was published for                       right to move some Users’ equipment
                                                    and Budget (OMB) for expedited review                   comment in the Federal Register on                       within the Data Center (the
                                                    and approval.                                           March 11, 2016.3 There were no                           ‘‘Migration’’).13 The Exchange
                                                      The average burden per response for                   comments on the proposed rule change.                    established procedures to manage the
                                                    customer satisfaction activities is                     This order approves the proposed rule                    Migration process, and continues to
                                                    estimated to range from 2 minutes for a                 change, as modified by Amendment No.                     implement them.14 The Exchange states
                                                    Web site questionnaire to 2 hours for                   1.                                                       that, notwithstanding the Migration,
                                                                                                                                                                     contiguous open space will still be
                                                    participation in a focus group. The RRB                 II. Background and Description of the                    limited, and may become more limited
                                                    estimates an annual burden of 1,620                     Proposal, as Modified by Amendment                       over time.15
                                                    annual respondents totaling 731 hours                   No. 1
                                                    for the generic customer survey                                                                                  Proposed Cage Allocation Procedure
                                                    clearance.                                                 The Exchange proposes to establish                       The Exchange has proposed to
                                                      Additional Information or Comments:                   procedures for the allocation of cages to                establish procedures governing the
                                                                                                            its co-located Users,4 including the                     allocation of cages should the currently
                                                    To request more information or to
                                                                                                            waiver of certain fees subject to                        available open contiguous space in the
                                                    obtain a copy of the information
                                                                                                            specified conditions, and to amend the                   Data Center be insufficient to house a
                                                    collection justification, forms, and/or
                                                                                                            visitor security escort fee.5 The                        new cage or if the open contiguous
                                                    supporting material, contact Dana                       Exchange proposes to amend the NYSE
                                                    Hickman at (312) 751–4981 or                            MKT Equities Price List (‘‘Price List’’)                   6 See  id.
                                                    Dana.Hickman@RRB.GOV. Comments                          and the NYSE Amex Options Fee                              7 See  Notice, 81 FR at 12982. A User must have
                                                    regarding the information collection                                                                             at least two cabinets in the Data Center to purchase
                                                    should be addressed to Charles                            1 15  U.S.C. 78s(b)(1).
                                                                                                                                                                     a cage. See id.
                                                                                                                                                                        8 See Notice, 81 FR at 12982.
                                                    Mierzwa, Railroad Retirement Board,                       2 17  CFR 240.19b–4.                                      9 See id.
                                                    844 North Rush Street, Chicago, Illinois                   3 See Securities Exchange Act Release No. 34–
                                                                                                                                                                        10 See id.
                                                    60611–2092 or emailed to                                77304 (March 7, 2016), 81 FR 12981 (‘‘Notice’’).
                                                                                                                                                                        11 See id.
                                                                                                            Amendment No.1 was included in the Notice and
                                                    Charles.Mierzwa@RRB.GOV. Written                        provided certain clarifications, including that that        12 See id.

                                                    comments should be received within 60                   the proposed waiver of fees for two bundles of 24           13 See Notice, 81 FR at 12982; see also Securities

                                                    days of this notice.                                    cross connects, applicable while a User is on the        Exchange Act Release No. 76269 (October 26, 2015),
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            waitlist, would only apply to cross-connects used        80 FR 66947 (October 30, 2015) (SR–NYSE–2015–
                                                    Charles Mierzwa,                                        to connect an individual User’s non-contiguous           42); Securities Exchange Act Release No. 76268
                                                                                                            cabinets.                                                (October 26, 2015), 80 FR 66944 (October 30, 2015)
                                                    Chief of Information Resources Management.                 4 For purposes of the Exchange’s co-location          (SR–NYSEMKT–2015–70); Securities Exchange Act
                                                    [FR Doc. 2016–09804 Filed 4–26–16; 8:45 am]             services, a ‘‘User’’ means any market participant        Release No. 76270 (October 26, 2015), 80 FR 66944
                                                    BILLING CODE 7905–01–P                                  that requests to receive co-location services directly   (October 30, 2015) (SR–NYSEArca–2015–85)
                                                                                                            from the Exchange. The Exchange provides co-             (collectively ‘‘Migration Filing’’).
                                                                                                            location services to Users from its data center             14 See Notice, 81 FR at 12982; see also Migration

                                                                                                            (‘‘Data Center’’) in Mahwah, New Jersey.                 Filing supra note 13.
                                                                                                               5 See Notice, 81 FR at 12981.                            15 See Notice, 81 FR at 12982.




                                               VerDate Sep<11>2014   17:29 Apr 26, 2016   Jkt 238001   PO 00000   Frm 00123   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM       27APN1


                                                    24906                         Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices

                                                    space available is sufficiently limited                 Center is required to pay a $75/hour fee                 that the proposed cage allocation and
                                                    such that the Exchange cannot both                      for a security escort.23 The Exchange                    waitlist procedures are reasonably
                                                    provide new cages and satisfy all User                  proposes to eliminate this fee for Users                 designed to assist the Exchange in
                                                    demand for other co-location services.16                visiting their own cage in the Data                      offering cages to current and future
                                                    Specifically, the Exchange proposes that                Center,24 and change the fee for those                   Users in the Data Center on terms that
                                                    it will place Users seeking new cages on                not visiting their own cage from $75/                    are equitable and not unfairly
                                                    a waitlist: (1) The order of Users on the               hour to $75/visit.25 The Exchange states                 discriminatory in the event that
                                                    list will be based on the date the                      that a security escort is not needed                     available open contiguous space in the
                                                    Exchange receives signed orders for the                 when a User visits its own cage because                  Data Center is not sufficient to house a
                                                    cages from each User; (2) once the list                 that User would have access only to its                  newly requested cage or sufficiently
                                                    is established, Users, on a rolling basis,              own cabinets locked within its own                       limited that the Exchange cannot both
                                                    will be allocated a cage each time one                  cage,26 and that User will not have                      provide new cages and satisfy all User
                                                    becomes available; (3) if a cage becomes                access to the cabinets of other Users or                 demand for other co-location services.
                                                    available and the User that is at the top               Exchange equipment, which are locked                     The Commission further believes that
                                                    of the waitlist turns it down because it                as well.27                                               the proposal to waive the initial and
                                                    requested a different size, that User will                                                                       monthly fee for two bundles of 24 cross
                                                                                                            III. Discussion and Commission
                                                    remain on the waitlist and the cage will                                                                         connects between a User’s non-
                                                                                                            Findings
                                                    be offered to the next User on the list,                                                                         contiguous cabinets while a User is on
                                                    in order, until a User accepts it; (4) a                   After careful review and                              the waitlist is consistent with the Act.
                                                    User that turns down a cage that is the                 consideration of the Exchange’s                          Users can qualify for the fee waiver by
                                                    size that it requested will be removed                  proposal, the Commission finds that the                  requesting a cage and being placed on
                                                    from the waitlist; and (5) if a User                    proposed rule change, as modified by                     the waitlist until a cage becomes
                                                    requests two cages, that User will be                   Amendment No. 1, is consistent with                      available to them. Once the Exchange
                                                    moved to the bottom of the waitlist                     the requirements of the Act and the                      offers the requested size cage to a User
                                                    upon the receipt of its first cage.17                   rules and regulations thereunder                         through the allocation procedure or
                                                       In connection with the proposed                      applicable to a national securities                      when a User is removed from the
                                                    waitlist procedures, the Exchange                       exchange.28 In particular, the                           waitlist, the fee would no longer be
                                                    further proposes to add General Note 3                  Commission finds that the proposed                       waived. In addition, if a User was
                                                    to the Price List and Fee Schedule,18 to                rule change, as modified by Amendment                    removed from the waitlist because it
                                                                                                            No. 1, is consistent with Section 6(b)(4)                turned down a cage that was the size
                                                    provide that the Exchange would,
                                                                                                            of the Act,29 which requires that the                    that it requested, it would not receive a
                                                    subject to specified conditions, waive
                                                                                                            rules of a national securities exchange                  second waiver of the charge. The
                                                    the initial and monthly fee for two
                                                                                                            provide for the equitable allocation of                  Commission believes that the proposed
                                                    bundles of 24 cross connects between a
                                                                                                            reasonable dues, fees and other charges                  fee waiver and associated conditions are
                                                    User’s non-contiguous cabinets while it
                                                                                                            among its members and issuers and                        reasonably designed to alleviate the
                                                    is on the waitlist.19 Specifically, the
                                                                                                            other persons using its facilities, and                  inconvenience for waitlisted Users of
                                                    initial and monthly charge for two
                                                                                                            with Section 6(b)(5) of the Act,30 which                 having cabinets in non-contiguous
                                                    bundles of 24 cross connects will be
                                                                                                            requires, among other things, that the                   spaces by removing the cost that those
                                                    waived for a User that is waitlisted for
                                                                                                            rules of a national securities exchange                  Users would otherwise avoid if a cage
                                                    a cage for the duration of the waitlist                 be designed to promote just and
                                                    period, provided that the cross connects                                                                         were available.
                                                                                                            equitable principles of trade, to remove                    The Commission also finds the
                                                    may only be used to connect the User’s                  impediments to and perfect the                           proposed amendments to the visitor
                                                    non-contiguous cabinets.20 The charge                   mechanism of a free and open market                      security escort fee consistent with
                                                    will no longer be waived once a User is                 and a national market system and, in                     Sections 6(b)(4) and 6(b)(5) of the Act.
                                                    removed from the waitlist.21 In addition,               general, to protect investors and the                    The Exchange represents that a security
                                                    a User that is removed from the waitlist                public interest, and not be designed to                  escort is not needed when a User visits
                                                    but subsequently requests a cage will be                permit unfair discrimination between                     its own cage because that User would
                                                    added back to the bottom of the waitlist,               customers, issuers, brokers, or dealers.                 have access only to its own cabinets
                                                    provided that, if the User was removed                     The Commission believes that the                      locked within its own cage,31 and will
                                                    from the waitlist because it turned down                proposed procedures for the allocation                   not have access to the cabinets of other
                                                    a cage that is the size that it requested,              of cages to its co-located Users and                     Users or Exchange equipment, which
                                                    it will not receive a second waiver of the              associated waiver of fees subject to                     are locked as well.32 In addition, the
                                                    charge.22                                               specified conditions are consistent with                 proposed rate of $75/visit for the visitor
                                                    Visitor Security Escorts                                Sections 6(b)(4) and 6(b)(5) of the Act.                 security escort would be a fee reduction
                                                                                                            In particular, the Commission believes                   for any visit that lasted more than an
                                                       The Exchange also proposes to amend
                                                                                                                                                                     hour, and so it would reduce the burden
                                                    its visitor security escort fee. Currently,               23 See  id.                                            placed on Users that remain subject to
                                                    a User visiting its cabinet(s) in the Data                24 See  id. The Exchange is also making a technical    the fee. Therefore, the Commission finds
                                                                                                            change to the fee schedule visitor fee to add clarity.
                                                      16 See  id.                                           See id.
                                                                                                                                                                     the proposed amendments to the visitor
                                                      17 See  id.                                              25 See id. The Exchange stated that many of the       security escort fee to be reasonable,
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                                                      18 See Notice, 81 FR at 12983.                        escorted visits lasted an hour or less. See id.          equitable, and not unfairly
                                                      19 See id.                                               26 See id.                                            discriminatory.
                                                      20 See id.                                               27 See id.
                                                                                                                                                                        For the foregoing reasons, the
                                                                                                               28 In approving this proposed rule change, as
                                                      21 As noted above, a User that turns down a cage
                                                                                                                                                                     Commission finds that the proposed
                                                    because it is not the correct size will remain on the   modified by Amendment No. 1, the Commission
                                                                                                            has considered the proposed rule’s impact on
                                                                                                                                                                     rule change, as modified by Amendment
                                                    waitlist. A User that requests to be removed or that
                                                    turns down a cage that is the size that it requested    efficiency, competition, and capital formation. See      No. 1, is consistent with the Act.
                                                    will be removed from the waitlist. See supra note       15 U.S.C. 78c(f).
                                                    17 and accompanying text.                                  29 15 U.S.C. 78f(b)(4).                                31 See   supra notes 26–27 and accompanying text.
                                                      22 See Notice, 81 FR at 12983.                           30 15 U.S.C. 78f(b)(5).                                32 See   id.



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                                                                                  Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices                                                    24907

                                                    VII. Conclusion                                             Section 19(b)(2) of the Act 5 provides              (‘‘Commission’’), pursuant to section
                                                                                                             that within 45 days of the publication of              19(b)(1) of the Securities Exchange Act
                                                      It is therefore ordered, pursuant to                   notice of the filing of a proposed rule                of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    Section 19(b)(2) of the Act,33 that the                  change, or within such longer period up                thereunder,2 a proposed rule change to
                                                    proposed rule change, as modified by                     to 90 days as the Commission may                       amend Rule 123C to provide for how the
                                                    Amendment No.1, (File No. SR–                            designate if it finds such longer period               Exchange would determine an Official
                                                    NYSEMKT–2016–17) be, and hereby is,                      to be appropriate and publishes its                    Closing Price if the Exchange is unable
                                                    approved.                                                reasons for so finding or as to which the              to conduct a closing transaction. The
                                                      For the Commission, by the Division of                 self-regulatory organization consents,                 proposed rule change was published for
                                                    Trading and Markets, pursuant to delegated               the Commission shall either approve the                comment in the Federal Register on
                                                    authority.34                                             proposed rule change, disapprove the                   March 11, 2016.3 The Commission has
                                                    Brent J. Fields,                                         proposed rule change, or institute                     received one comment letter on the
                                                    Secretary.                                               proceedings to determine whether the                   proposal.4
                                                    [FR Doc. 2016–09723 Filed 4–26–16; 8:45 am]              proposed rule change should be                            Section 19(b)(2) of the Act 5 provides
                                                    BILLING CODE 8011–01–P                                   disapproved. The 45th day for this filing              that within 45 days of the publication of
                                                                                                             is April 25, 2016.                                     notice of the filing of a proposed rule
                                                                                                                The Commission is extending the 45-                 change, or within such longer period up
                                                    SECURITIES AND EXCHANGE                                  day time period for Commission action                  to 90 days as the Commission may
                                                    COMMISSION                                               on the proposed rule change. The                       designate if it finds such longer period
                                                                                                             Commission finds that it is appropriate                to be appropriate and publishes its
                                                    [Release No. 34–77676; File No. SR–
                                                                                                             to designate a longer period within                    reasons for so finding or as to which the
                                                    NYSEMKT–2016–31]                                         which to take action on the proposed                   self-regulatory organization consents,
                                                                                                             rule change so that it has sufficient time             the Commission shall either approve the
                                                    Self-Regulatory Organizations; NYSE                      to consider and take action on the                     proposed rule change, disapprove the
                                                    MKT LLC; Notice of Designation of                        Exchange’s proposed rule change.                       proposed rule change, or institute
                                                    Longer Period for Commission Action                         Accordingly, pursuant to section                    proceedings to determine whether the
                                                    on Proposed Rule Change Amending                         19(b)(2)(A)(ii)(I) of the Act 6 and for the            proposed rule change should be
                                                    Rule 123C–Equities To Provide for                        reasons stated above, the Commission                   disapproved. The 45th day for this filing
                                                    How the Exchange Would Determine                         designates June 9, 2016, as the date by                is April 25, 2016.
                                                    an Official Closing Price if the                         which the Commission should either
                                                    Exchange is Unable To Conduct a                          approve or disapprove, or institute                      The Commission is extending the 45-
                                                    Closing Transaction                                      proceedings to determine whether to                    day time period for Commission action
                                                                                                             disapprove, the proposed rule change                   on the proposed rule change. The
                                                    April 21, 2016.                                          (File No. SR–NYSEMKT–2016–31).                         Commission finds that it is appropriate
                                                       On February 25, 2016, New York                                                                               to designate a longer period within
                                                                                                               For the Commission, by the Division of
                                                    Stock Exchange LLC (‘‘NYSE’’ or the                                                                             which to take action on the proposed
                                                                                                             Trading and Markets, pursuant to delegated
                                                    ‘‘Exchange’’) filed with the Securities                  authority.7                                            rule change so that it has sufficient time
                                                    and Exchange Commission                                                                                         to consider and take action on the
                                                                                                             Brent J. Fields,
                                                    (‘‘Commission’’), pursuant to section                                                                           Exchange’s proposed rule change.
                                                                                                             Secretary.
                                                    19(b)(1) of the Securities Exchange Act                  [FR Doc. 2016–09719 Filed 4–26–16; 8:45 am]              Accordingly, pursuant to section
                                                    of 1934 (‘‘Act’’) 1 and Rule 19b–4                       BILLING CODE 8011–01–P
                                                                                                                                                                    19(b)(2)(A)(ii)(I) of the Act 6 and for the
                                                    thereunder,2 a proposed rule change to                                                                          reasons stated above, the Commission
                                                    amend Rule 123C—Equities to provide                                                                             designates June 9, 2016, as the date by
                                                    for how the Exchange would determine                     SECURITIES AND EXCHANGE                                which the Commission should either
                                                    an Official Closing Price if the Exchange                COMMISSION                                             approve or disapprove, or institute
                                                    is unable to conduct a closing                                                                                  proceedings to determine whether to
                                                    transaction. The proposed rule change                    [Release No. 34–77677; File No. SR–NYSE–               disapprove, the proposed rule change
                                                    was published for comment in the                         2016–18]                                               (File No. SR–NYSE–2016–18).
                                                    Federal Register on March 11, 2016.3                                                                              For the Commission, by the Division of
                                                                                                             Self-Regulatory Organizations; New
                                                    The Commission has received no                                                                                  Trading and Markets, pursuant to delegated
                                                                                                             York Stock Exchange LLC; Notice of
                                                    comment letters on the proposal.4                                                                               authority.7
                                                                                                             Designation of Longer Period for
                                                                                                             Commission Action on Proposed Rule                     Brent J. Fields,
                                                      33 15  U.S.C. 78s(b)(2).
                                                      34 17
                                                                                                             Change Amending Rule 123C To                           Secretary.
                                                             CFR 200.30–3(a)(12).
                                                       1 15 U.S.C. 78s(b)(1).                                Provide for How the Exchange Would                     [FR Doc. 2016–09720 Filed 4–26–16; 8:45 am]
                                                       2 17 CFR 240.19b–4.                                   Determine an Official Closing Price if                 BILLING CODE 8011–01–P
                                                       3 See Securities Exchange Act Release No. 77306       the Exchange is Unable To Conduct a
                                                    (March 7, 2016), 81 FR 12986.                            Closing Transaction                                      1 15  U.S.C. 78s(b)(1).
                                                       4 The Commission notes that a comment letter
                                                                                                                                                                      2 17  CFR 240.19b–4.
                                                    was received on a nearly identical filing for New        April 21, 2016.
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                                                                                                                                                                       3 See Securities Exchange Act Release No. 77305
                                                    York Stock Exchange LLC and a similar filing for
                                                                                                                On February 25, 2016, New York                      (March 7, 2016), 81 FR 12977.
                                                    The Nasdaq Stock Market LLC. See Letter from                                                                       4 See Letter from Theodore R. Lazo, Managing
                                                    Theodore R. Lazo, Managing Director and Associate        Stock Exchange LLC (‘‘NYSE’’ or the
                                                                                                                                                                    Director and Associate General Counsel, Securities
                                                    General Counsel, Securities Industry and Financial       ‘‘Exchange’’) filed with the Securities                Industry and Financial Markets Association, to
                                                    Markets Association, to Brent J. Fields, Secretary,      and Exchange Commission
                                                    Commission, dated April 5, 2016. See also                                                                       Brent J. Fields, Secretary, Commission, dated April
                                                    Securities Exchange Act Release Nos. 77305 (March                                                               5, 2016.
                                                                                                               5 15 U.S.C. 78s(b)(2).                                  5 15 U.S.C. 78s(b)(2).
                                                    7, 2016), 81 FR 12977 (March 11, 2016) (SR–NYSE–
                                                                                                               6 15 U.S.C. 78s(b)(2)(A)(ii)(I).                        6 15 U.S.C. 78s(b)(2)(A)(ii)(I).
                                                    2016–18) and 77309 (March 7, 2016), 81 FR 13007
                                                    (March 11, 2016) (SR–NASDAQ–2016–035).                     7 17 CFR 200.30–3(a)(31).                               7 17 CFR 200.30–3(a)(31).




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Document Created: 2018-02-07 13:56:06
Document Modified: 2018-02-07 13:56:06
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 Citation81 FR 24905 

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