81 FR 36973 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Exchange's Price List To Eliminate Certain Services That Are No Longer Utilized by Users and To Remove Obsolete Text
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 110 (June 8, 2016)
Federal Register Volume 81, Issue 110 (June 8, 2016)
| Page Range | 36973-36975 | |
| FR Document | 2016-13473 |
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)] [Notices] [Pages 36973-36975] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13473] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77975; File No. SR-NYSE-2016-39] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Exchange's Price List To Eliminate Certain Services That Are No Longer Utilized by Users and To Remove Obsolete Text June 2, 2016. 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 May 23, 2016, New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') 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. --------------------------------------------------------------------------- \1\ 15 U.S.C.78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes to amend the Exchange's Price List to eliminate certain services that are no longer utilized by Users and to remove obsolete text. 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 Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to change the Price List for the co-location \4\ services offered by the Exchange to eliminate certain services that are no longer utilized by Users \5\ and to remove obsolete text. --------------------------------------------------------------------------- \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. 62960 (September 21, 2010), 75 FR 59310 (September 27, 2010) (SR- NYSE-2010-56). The Exchange operates a data center in Mahwah, New Jersey (the ``data center'') from which it provides co-location services to Users. \5\ 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. See Securities Exchange Act Release No. 76008 (September 29, 2015), 80 FR 60190 (October 5, 2015) (SR-NYSE-2015-40). As specified in the Price List, 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 NYSE Arca, Inc. See Securities Exchange Act Release No. 70206 (August 15, 2013), 78 FR 51765 (August 21, 2013) (SR-NYSE-2013-59). --------------------------------------------------------------------------- LCN CSP Access The ``Liquidity Center Network'' (``LCN'') is a local area network available in the data center. A User is currently able to act as a content service provider (a ``CSP'' User) and deliver services to another User in the data center (a ``Subscribing'' User).\6\ These services could include, for example, order routing/brokerage services and/or data delivery services. --------------------------------------------------------------------------- \6\ See Securities Exchange Act Release No. 67666 (August 15, 2012), 77 FR 50742 (August 22, 2012) (SR-NYSE-2012-18). --------------------------------------------------------------------------- Currently, the Exchange offers CSP Users specific, dedicated 10 gigabyte (``Gb'') LCN connections (``LCN CSP'') that would allow CSP Users to send data to, and communicate with, all their properly authorized Subscribing Users at once. In such a case, a Subscribing User would receive the services via its standard LCN connection and would be charged an initial and monthly fee (``CSP Subscriber fee'') reflecting the benefit of receiving services from the CSP User in this manner.\7\ --------------------------------------------------------------------------- \7\ Id. Previously, the Exchange also offered a one Gb LCN CSP connection, but it was discontinued as it was no longer utilized by Users. See Securities Exchange Act Release No. 72721 (July 30, 2014), 79 FR 45562 (August 5, 2014) (SR-NYSE-2014-37). --------------------------------------------------------------------------- However, Users no longer utilize the LCN CSP connection offering. Accordingly, the Exchange proposes to discontinue LCN CSP connections, and to remove references to LCN CSP access and CSP Subscriber fees from the Price List. A CSP User would remain able to deliver services to a Subscribing User via direct cross connect, as is currently the case and as was the case prior to the introduction of the LCN CSP connection offering. Bundled Network Access A User is currently able to select from two ``bundled'' connectivity options when connecting to the data center: ``Bundled Network Access Option 1'' and ``Bundled Network Access Option 2''.\8\ The Exchange proposes to discontinue Bundled Network Access Option 2, as Users no longer utilize it, and to remove references to related pricing from the Price List. In addition, the Exchange proposes to rename ``Bundled Network Access Option 1'' as ``Bundled Network Access,'' as it would be the sole remaining option. --------------------------------------------------------------------------- \8\ Previously, the Exchange offered other ``bundled'' connectivity options, but they were discontinued as they were no longer utilized by Users. See id., at 45562. --------------------------------------------------------------------------- IP Network Access The Internet protocol (``IP'') network is a local area network available in the data center.\9\ IP network access is offered in 1, 10 and 40 Gb capacities. The Exchange proposes to delete a statement in the Price List that the 40 Gb circuit of the IP network is expected to be available no later than April 15, 2016,\10\ as such statement is obsolete. This proposed change would have no impact on pricing. --------------------------------------------------------------------------- \9\ See Securities Exchange Act Release No. 74222 (February 6, 2015), 80 FR 7888 (February 12, 2015) (SR-NYSE-2015-05) (notice of filing and immediate effectiveness of proposed rule change to include IP network connections and fiber cross connects between a User's cabinet and a non-User's equipment). \10\ See Securities Exchange Act Release No. 76368 (November 5, 2015), 80 FR 70027 (November 12, 2015) (SR-NYSE-2015-54) (notice of filing and immediate effectiveness of proposed rule change to include IP 40 Gb network connections). --------------------------------------------------------------------------- [[Page 36974]] General As is the case with all Exchange co-location arrangements, (i) neither a User nor any of the User's customers would be permitted to submit orders directly to the Exchange unless such User or customer is a member organization, a Sponsored Participant or an agent thereof (e.g., a service bureau providing order entry services); (ii) use of the co-location services proposed herein would be completely voluntary and available to all Users on a non-discriminatory basis; \11\ and (iii) a User would only incur one charge for the particular co-location service described herein, regardless of whether the User connects only to the Exchange or to the Exchange and one or both of its affiliates.\12\ --------------------------------------------------------------------------- \11\ As is currently the case, Users that receive co-location services from the Exchange will not receive any means of access to the Exchange's trading and execution systems that is separate from, or superior to, that of other Users. In this regard, all orders sent to the Exchange enter the Exchange's trading and execution systems through the same order gateway, regardless of whether the sender is co-located in the data center or not. In addition, co-located Users do not receive any market data or data service product that is not available to all Users, although Users that receive co-location services normally would expect reduced latencies in sending orders to, and receiving market data from, the Exchange. \12\ See SR-NYSE-2013-59, supra note 5, at 51766. The Exchange's affiliates have also submitted substantially the same proposed rule change to propose the changes described herein. See SR-NYSEMKT-2016- 57 and SR-NYSEArca-2016-77. --------------------------------------------------------------------------- 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. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,\13\ in general, and Section 6(b)(4) of the Act,\14\ 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. The Exchange also believes that the proposed rule change furthers the objectives of Section 6(b)(5) of the Act,\15\ in particular, because it 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. --------------------------------------------------------------------------- \13\ 15 U.S.C. 78f(b). \14\ 15 U.S.C. 78f(b)(4). \15\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed change is reasonable, equitable and not unfairly discriminatory because discontinuing the LCN CSP and Bundled Network Access Option 2 in the data center would permit the Exchange to streamline the offerings available to Users in the data center by eliminating services that Users no longer utilize and, by removing references to related pricing from the Price List, make the Price List easier to read, understand and administer. The Exchange believes that, because no Users utilize such services, it would be equitable and not unfairly discriminatory to discontinue the services. The Exchange believes that it is reasonable to discontinue the services in the data center that are no longer utilized by Users and to remove references to related pricing from the Price List because the Exchange offers the services described herein as a convenience to Users, but in doing so incurs certain costs, including costs related to the data center facility, hardware and equipment and costs related to personnel required for initial installation and ongoing monitoring, support and maintenance of such services. Removing services that Users do not utilize from the co-location offerings would contribute to a more efficient process for managing the various services offered to Users, which would improve the utilization of the data center resources, both with respect to personnel and infrastructure, including hardware and software. The Exchange believes that eliminating a reference in the Price List that states that the 40 Gb circuit of the IP network is expected to be available no later than April 15, 2016, is reasonable, equitable and not unfairly discriminatory because the reference is obsolete and no longer has an impact on pricing. The proposed change would result in the removal of obsolete text from the Price List and therefore add greater clarity to the Price List regarding the services offered and the applicable fees. For the reasons above, the proposed changes do 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,\16\ the Exchange believes that the proposed rule change will not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act because, in addition to the proposed services being completely voluntary, they are available to all Users on an equal basis (i.e., the same products and services are available to all Users). --------------------------------------------------------------------------- \16\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- The Exchange believes that discontinuing the LCN CSP and Bundled Network Access Option 2 in the data center and removing references to related pricing and obsolete text from the Price List would not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act because no Users utilize the services proposed to be discontinued. A CSP User would remain able to deliver services to a Subscribing User via direct cross connect, as is currently the case and as was the case prior to the introduction of the LCN CSP connection offering. The proposed rule change is not intended to address competitive issues. Finally, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive. In such an environment, the Exchange must continually review, and consider adjusting, its services and related 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. [[Page 36975]] 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) \17\ of the Act and subparagraph (f)(2) of Rule 19b-4 \18\ thereunder, because it establishes a due, fee, or other charge imposed by the Exchange. --------------------------------------------------------------------------- \17\ 15 U.S.C. 78s(b)(3)(A). \18\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) \19\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \19\ 15 U.S.C. 78s(b)(2)(B). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File No. SR-NYSE-2016-39 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File No. SR-NYSE-2016-39. 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 Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. 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 No. SR-NYSE-2016-39, and should be submitted on or before June 29, 2016. --------------------------------------------------------------------------- \20\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\20\ Brent J. Fields, Secretary. [FR Doc. 2016-13473 Filed 6-7-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices 36973
and recommendations under conditions II. Self-Regulatory Organization’s at once. In such a case, a Subscribing
1, 2(a), 7 and 8. Statement of the Purpose of, and User would receive the services via its
15. If the Holders own in the aggregate Statutory Basis for, the Proposed Rule standard LCN connection and would be
more than 25 percent of the shares of a Change charged an initial and monthly fee
Regulated Entity, then the Holders will In its filing with the Commission, the (‘‘CSP Subscriber fee’’) reflecting the
vote such shares as directed by an self-regulatory organization included benefit of receiving services from the
independent third party when voting on statements concerning the purpose of, CSP User in this manner.7
(1) the election of directors or trustees; and basis for, the proposed rule change
(2) the removal of one or more directors However, Users no longer utilize the
and discussed any comments it received LCN CSP connection offering.
or trustees; or (3) any matters requiring on the proposed rule change. The text
approval by the vote of a majority of the Accordingly, the Exchange proposes to
of those statements may be examined at discontinue LCN CSP connections, and
outstanding voting securities, as defined the places specified in Item IV below.
in section 2(a)(42) of the Act. to remove references to LCN CSP access
The Exchange has prepared summaries, and CSP Subscriber fees from the Price
For the Commission, by the Division of set forth in sections A, B, and C below,
Investment Management, under delegated List. A CSP User would remain able to
of the most significant parts of such
authority. deliver services to a Subscribing User
statements.
Brent J. Fields, via direct cross connect, as is currently
Secretary. A. Self-Regulatory Organization’s the case and as was the case prior to the
Statement of the Purpose of, and introduction of the LCN CSP connection
[FR Doc. 2016–13514 Filed 6–7–16; 8:45 am]
Statutory Basis for, the Proposed Rule offering.
BILLING CODE 8011–01–P
Change
Bundled Network Access
1. Purpose
SECURITIES AND EXCHANGE The Exchange proposes to change the A User is currently able to select from
COMMISSION Price List for the co-location 4 services two ‘‘bundled’’ connectivity options
[Release No. 34–77975; File No. SR–NYSE– offered by the Exchange to eliminate when connecting to the data center:
2016–39] certain services that are no longer ‘‘Bundled Network Access Option 1’’
utilized by Users 5 and to remove and ‘‘Bundled Network Access Option
Self-Regulatory Organizations; New obsolete text. 2’’.8 The Exchange proposes to
York Stock Exchange LLC; Notice of discontinue Bundled Network Access
Filing and Immediate Effectiveness of LCN CSP Access Option 2, as Users no longer utilize it,
Proposed Rule Change Amending the The ‘‘Liquidity Center Network’’ and to remove references to related
Exchange’s Price List To Eliminate (‘‘LCN’’) is a local area network pricing from the Price List. In addition,
Certain Services That Are No Longer available in the data center. A User is the Exchange proposes to rename
Utilized by Users and To Remove currently able to act as a content service ‘‘Bundled Network Access Option 1’’ as
Obsolete Text provider (a ‘‘CSP’’ User) and deliver ‘‘Bundled Network Access,’’ as it would
services to another User in the data be the sole remaining option.
June 2, 2016.
center (a ‘‘Subscribing’’ User).6 These
Pursuant to Section 19(b)(1) 1 of the IP Network Access
services could include, for example,
Securities Exchange Act of 1934 (the
order routing/brokerage services and/or
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 The Internet protocol (‘‘IP’’) network
data delivery services.
notice is hereby given that, on May 23, Currently, the Exchange offers CSP is a local area network available in the
2016, New York Stock Exchange LLC Users specific, dedicated 10 gigabyte data center.9 IP network access is
(‘‘NYSE’’ or the ‘‘Exchange’’) filed with (‘‘Gb’’) LCN connections (‘‘LCN CSP’’) offered in 1, 10 and 40 Gb capacities.
the Securities and Exchange that would allow CSP Users to send data The Exchange proposes to delete a
Commission (the ‘‘Commission’’) the to, and communicate with, all their statement in the Price List that the 40
proposed rule change as described in properly authorized Subscribing Users Gb circuit of the IP network is expected
Items I, II, and III below, which Items to be available no later than April 15,
have been prepared by the self- 4 The Exchange initially filed rule changes 2016,10 as such statement is obsolete.
regulatory organization. The relating to its co-location services with the This proposed change would have no
Commission is publishing this notice to Securities and Exchange Commission impact on pricing.
solicit comments on the proposed rule (‘‘Commission’’) in 2010. See Securities Exchange
Act Release No. 62960 (September 21, 2010), 75 FR
change from interested persons. 59310 (September 27, 2010) (SR–NYSE–2010–56). 7 Id. Previously, the Exchange also offered a one
The Exchange operates a data center in Mahwah, Gb LCN CSP connection, but it was discontinued
I. Self-Regulatory Organization’s as it was no longer utilized by Users. See Securities
New Jersey (the ‘‘data center’’) from which it
Statement of the Terms of the Substance provides co-location services to Users. Exchange Act Release No. 72721 (July 30, 2014), 79
of the Proposed Rule Change 5 For purposes of the Exchange’s co-location FR 45562 (August 5, 2014) (SR–NYSE–2014–37).
8 Previously, the Exchange offered other
services, a ‘‘User’’ means any market participant
The Exchange proposes to amend the that requests to receive co-location services directly ‘‘bundled’’ connectivity options, but they were
Exchange’s Price List to eliminate from the Exchange. See Securities Exchange Act discontinued as they were no longer utilized by
certain services that are no longer Release No. 76008 (September 29, 2015), 80 FR Users. See id., at 45562.
utilized by Users and to remove obsolete 60190 (October 5, 2015) (SR–NYSE–2015–40). As 9 See Securities Exchange Act Release No. 74222
specified in the Price List, a User that incurs co- (February 6, 2015), 80 FR 7888 (February 12, 2015)
text. The proposed rule change is location fees for a particular co-location service (SR–NYSE–2015–05) (notice of filing and
mstockstill on DSK3G9T082PROD with NOTICES
available on the Exchange’s Web site at pursuant thereto would not be subject to co-location immediate effectiveness of proposed rule change to
www.nyse.com, at the principal office of fees for the same co-location service charged by the include IP network connections and fiber cross
the Exchange, and at the Commission’s Exchange’s affiliates NYSE MKT LLC and NYSE connects between a User’s cabinet and a non-User’s
Arca, Inc. See Securities Exchange Act Release No. equipment).
Public Reference Room. 70206 (August 15, 2013), 78 FR 51765 (August 21, 10 See Securities Exchange Act Release No. 76368
2013) (SR–NYSE–2013–59). (November 5, 2015), 80 FR 70027 (November 12,
1 15 U.S.C.78s(b)(1). 6 See Securities Exchange Act Release No. 67666 2015) (SR–NYSE–2015–54) (notice of filing and
2 15 U.S.C. 78a. (August 15, 2012), 77 FR 50742 (August 22, 2012) immediate effectiveness of proposed rule change to
3 17 CFR 240.19b–4. (SR–NYSE–2012–18). include IP 40 Gb network connections).
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III. Date of Effectiveness of the Commission and any person, other than I. Self-Regulatory Organization’s
Proposed Rule Change and Timing for those that may be withheld from the Statement of the Terms of the Substance
Commission Action public in accordance with the of the Proposed Rule Change
The foregoing rule change is effective provisions of 5 U.S.C. 552, will be The Exchange proposes to amend the
upon filing pursuant to Section available for Web site viewing and NYSE MKT Equities Price List (‘‘Price
19(b)(3)(A) 17 of the Act and printing in the Commission’s Public List’’) and the NYSE Amex Options Fee
subparagraph (f)(2) of Rule 19b–4 18 Reference Room, 100 F Street NE., Schedule (‘‘Fee Schedule’’) to eliminate
thereunder, because it establishes a due, Washington, DC 20549 on official certain services that are no longer
fee, or other charge imposed by the business days between the hours of utilized by Users and to remove obsolete
Exchange. 10:00 a.m. and 3:00 p.m. Copies of such text. The proposed change is available
At any time within 60 days of the filing also will be available for on the Exchange’s Web site at
filing of such proposed rule change, the inspection and copying at the principal www.nyse.com, at the principal office of
Commission summarily may office of the Exchange. All comments the Exchange, and at the Commission’s
temporarily suspend such rule change if received will be posted without change; Public Reference Room.
it appears to the Commission that such the Commission does not edit personal
action is necessary or appropriate in the identifying information from II. Self-Regulatory Organization’s
public interest, for the protection of submissions. You should submit only Statement of the Purpose of, and
investors, or otherwise in furtherance of information that you wish to make Statutory Basis for, the Proposed Rule
the purposes of the Act. If the available publicly. All submissions Change
Commission takes such action, the should refer to File No. SR–NYSE– In its filing with the Commission, the
Commission shall institute proceedings 2016–39, and should be submitted on or self-regulatory organization included
under Section 19(b)(2)(B) 19 of the Act to before June 29, 2016. statements concerning the purpose of,
determine whether the proposed rule For the Commission, by the Division of and basis for, the proposed rule change
change should be approved or Trading and Markets, pursuant to delegated and discussed any comments it received
disapproved. authority.20 on the proposed rule change. The text
Brent J. Fields, of those statements may be examined at
IV. Solicitation of Comments the places specified in Item IV below.
Secretary.
Interested persons are invited to The Exchange has prepared summaries,
submit written data, views, and [FR Doc. 2016–13473 Filed 6–7–16; 8:45 am]
set forth in sections A, B, and C below,
arguments concerning the foregoing, BILLING CODE 8011–01–P of the most significant parts of such
including whether the proposed rule statements.
change is consistent with the Act.
SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s
Comments may be submitted by any of
COMMISSION Statement of the Purpose of, and
the following methods:
Statutory Basis for, the Proposed Rule
Electronic Comments [Release No. 34–77973; File No. SR– Change
• Use the Commission’s Internet NYSEMKT–2016–57] 1. Purpose
comment form (http://www.sec.gov/
Self-Regulatory Organizations; NYSE The Exchange proposes to change the
rules/sro.shtml); or
• Send an email to rule-comments@ MKT LLC; Notice of Filing and Price List and Fee Schedule for the co-
sec.gov. Please include File No. SR– Immediate Effectiveness of Proposed location 4 services offered by the
NYSE–2016–39 on the subject line. Change Amending the NYSE MKT Exchange to eliminate certain services
Equities Price List and the NYSE Amex that are no longer utilized by Users 5
Paper Comments Options Fee Schedule To Eliminate and to remove obsolete text.
• Send paper comments in triplicate Certain Services That are No Longer LCN CSP Access
to Secretary, Securities and Exchange Utilized by Users and To Remove
The ‘‘Liquidity Center Network’’
Commission, 100 F Street NE., Obsolete Text
(‘‘LCN’’) is a local area network
Washington, DC 20549–1090.
June 2, 2016. available in the data center. A User is
All submissions should refer to File No.
SR–NYSE–2016–39. This file number Pursuant to Section 19(b)(1) 1 of the 4 The Exchange initially filed rule changes
should be included on the subject line Securities Exchange Act of 1934 (the relating to its co-location services with the
if email is used. To help the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Securities and Exchange Commission
Commission process and review your notice is hereby given that, on May 23, (‘‘Commission’’) in 2010. See Securities Exchange
Act Release No. 62961 (September 21, 2010), 75 FR
comments more efficiently, please use 2016, NYSE MKT LLC (the ‘‘Exchange’’ 59299 (September 27, 2010) (SR–NYSEAmex–2010–
only one method. The Commission will or ‘‘NYSE MKT’’) filed with the 80). The Exchange operates a data center in
post all comments on the Commission’s Securities and Exchange Commission Mahwah, New Jersey (the ‘‘data center’’) from
Internet Web site (http://www.sec.gov/ (the ‘‘Commission’’) the proposed rule which it provides co-location services to Users.
5 For purposes of the Exchange’s co-location
rules/sro.shtml). Copies of the change as described in Items I, II, and services, a ‘‘User’’ means any market participant
submission, all subsequent III below, which Items have been that requests to receive co-location services directly
amendments, all written statements prepared by the self-regulatory from the Exchange. See Securities Exchange Act
with respect to the proposed rule organization. The Commission is Release No. 76009 (September 29, 2015), 80 FR
60213 (October 5, 2015) (SR–NYSEMKT–2015–67).
mstockstill on DSK3G9T082PROD with NOTICES
change that are filed with the publishing this notice to solicit As specified in the Price List and Fee Schedule, a
Commission, and all written comments on the proposed rule change User that incurs co-location fees for a particular co-
communications relating to the from interested persons. location service pursuant thereto would not be
proposed rule change between the subject to co-location fees for the same co-location
20 17
service charged by the Exchange’s affiliates New
CFR 200.30–3(a)(12). York Stock Exchange LLC and NYSE Arca, Inc. See
17 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C.78s(b)(1). Securities Exchange Act Release No. 70176 (August
18 17 CFR 240.19b–4(f)(2). 2 15 U.S.C. 78a.
13, 2013), 78 FR 50471 (August 19, 2013) (SR–
19 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4. NYSEMKT–2013–67).
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Document Created: 2016-06-08 03:10:49
Document Modified: 2016-06-08 03:10:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 36973 |
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