81_FR_37085 81 FR 36975 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change Amending the NYSE MKT Equities Price List and the NYSE Amex Options Fee Schedule To Eliminate Certain Services That are No Longer Utilized by Users and To Remove Obsolete Text

81 FR 36975 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change Amending the NYSE MKT Equities Price List and the NYSE Amex Options Fee Schedule 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)

Page Range36975-36977
FR Document2016-13471

Federal Register, Volume 81 Issue 110 (Wednesday, June 8, 2016)
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36975-36977]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13471]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77973; File No. SR-NYSEMKT-2016-57]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Change Amending the NYSE MKT 
Equities Price List and the NYSE Amex Options Fee Schedule 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, NYSE MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE MKT Equities Price List 
(``Price List'') and the NYSE Amex Options Fee Schedule (``Fee 
Schedule'') to eliminate certain services that are no longer utilized 
by Users and to remove obsolete text. The proposed 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 and Fee Schedule 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.
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    \4\ The Exchange initially filed rule changes relating to its 
co-location services with the Securities and Exchange Commission 
(``Commission'') in 2010. See Securities Exchange Act Release No. 
62961 (September 21, 2010), 75 FR 59299 (September 27, 2010) (SR-
NYSEAmex-2010-80). 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. 76009 (September 29, 2015), 80 FR 60213 
(October 5, 2015) (SR-NYSEMKT-2015-67). As specified in the Price 
List and Fee Schedule, a User that incurs co-location fees for a 
particular co-location service pursuant thereto would not be subject 
to co-location fees for the same co-location service charged by the 
Exchange's affiliates New York Stock Exchange LLC and NYSE Arca, 
Inc. See Securities Exchange Act Release No. 70176 (August 13, 
2013), 78 FR 50471 (August 19, 2013) (SR-NYSEMKT-2013-67).
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LCN CSP Access
    The ``Liquidity Center Network'' (``LCN'') is a local area network 
available in the data center. A User is

[[Page 36976]]

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.
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    \6\ See Securities Exchange Act Release No. 67665 (August 15, 
2012), 77 FR 50734 (August 22, 2012) (SR-NYSEMKT-2012-11).
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    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\
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    \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. 72719 (July 30, 
2014), 79 FR 45502 (August 5, 2014) (SR-NYSEMKT-2014-61).
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    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 and Fee Schedule. 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 and Fee Schedule. In addition, the Exchange 
proposes to rename ``Bundled Network Access Option 1'' as ``Bundled 
Network Access,'' as it would be the sole remaining option.
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    \8\ Previously, the Exchange offered other ``bundled'' 
connectivity options, but they were discontinued as they were no 
longer utilized by Users. See id., at 45503.
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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 statements in the 
Price List and Fee Schedule that the 40 Gb circuit of the IP network is 
expected to be available no later than April 15, 2016,\10\ as such 
statements are obsolete. This proposed change would have no impact on 
pricing.
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    \9\ See Securities Exchange Act Release No. 74220 (February 6, 
2015), 80 FR 7894 (February 12, 2015) (SR-NYSEMKT-2015-08) (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. 76373 (November 5, 
2015), 80 FR 70024 (November 12, 2015) (SR-NYSEMKT-2015-90) (notice 
of filing and immediate effectiveness of proposed rule change to 
include IP 40 Gb network connections).
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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\
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    \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-NYSEMKT-2013-67, supra note 5, at 50471. The 
Exchange's affiliates have also submitted substantially the same 
proposed rule change to propose the changes described herein. See 
SR-NYSE-2016-39 and SR-NYSEArca-2016-77.
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    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 and Fee 
Schedule, make the Price List and Fee Schedule 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 and Fee 
Schedule 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.

[[Page 36977]]

    The Exchange believes that eliminating references in the Price List 
and Fee Schedule that state 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 these references are 
obsolete and no longer have an impact on pricing. The proposed change 
would result in the removal of obsolete text from the Price List and 
Fee Schedule and therefore add greater clarity to the Price List and 
Fee Schedule 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 and Fee Schedule 
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.

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 Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-NYSEMKT-2016-57 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-NYSEMKT-2016-57. 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-NYSEMKT-2016-57, and should be 
submitted on or before June 29, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-13471 Filed 6-7-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices                                                     36975

                                                  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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                                                  36976                         Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices

                                                  currently able to act as a content service              offered in 1, 10 and 40 Gb capacities.                     equitable allocation of reasonable dues,
                                                  provider (a ‘‘CSP’’ User) and deliver                   The Exchange proposes to delete                            fees, and other charges among its
                                                  services to another User in the data                    statements in the Price List and Fee                       members, issuers and other persons
                                                  center (a ‘‘Subscribing’’ User).6 These                 Schedule that the 40 Gb circuit of the IP                  using its facilities and does not unfairly
                                                  services could include, for example,                    network is expected to be available no                     discriminate between customers,
                                                  order routing/brokerage services and/or                 later than April 15, 2016,10 as such                       issuers, brokers or dealers. The
                                                  data delivery services.                                 statements are obsolete. This proposed                     Exchange also believes that the
                                                     Currently, the Exchange offers CSP                   change would have no impact on                             proposed rule change furthers the
                                                  Users specific, dedicated 10 gigabyte                   pricing.                                                   objectives of Section 6(b)(5) of the Act,15
                                                  (‘‘Gb’’) LCN connections (‘‘LCN CSP’’)                                                                             in particular, because it is designed to
                                                  that would allow CSP Users to send data                 General                                                    prevent fraudulent and manipulative
                                                  to, and communicate with, all their                       As is the case with all Exchange co-                     acts and practices, to promote just and
                                                  properly authorized Subscribing Users                   location arrangements, (i) neither a User                  equitable principles of trade, to foster
                                                  at once. In such a case, a Subscribing                  nor any of the User’s customers would                      cooperation and coordination with
                                                  User would receive the services via its                 be permitted to submit orders directly to                  persons engaged in regulating, clearing,
                                                  standard LCN connection and would be                    the Exchange unless such User or                           settling, processing information with
                                                  charged an initial and monthly fee                      customer is a member organization, a                       respect to, and facilitating transactions
                                                  (‘‘CSP Subscriber fee’’) reflecting the                 Sponsored Participant or an agent                          in securities, to remove impediments to,
                                                  benefit of receiving services from the                  thereof (e.g., a service bureau providing                  and perfect the mechanisms of, a free
                                                  CSP User in this manner.7                               order entry services); (ii) use of the co-                 and open market and a national market
                                                     However, Users no longer utilize the                 location services proposed herein would                    system and, in general, to protect
                                                  LCN CSP connection offering.                            be completely voluntary and available                      investors and the public interest and
                                                  Accordingly, the Exchange proposes to                   to all Users on a non-discriminatory                       because it is not designed to permit
                                                  discontinue LCN CSP connections, and                    basis; 11 and (iii) a User would only                      unfair discrimination between
                                                  to remove references to LCN CSP access                  incur one charge for the particular co-                    customers, issuers, brokers, or dealers.
                                                  and CSP Subscriber fees from the Price                  location service described herein,                            The Exchange believes that the
                                                  List and Fee Schedule. A CSP User                       regardless of whether the User connects                    proposed change is reasonable,
                                                  would remain able to deliver services to                only to the Exchange or to the Exchange                    equitable and not unfairly
                                                  a Subscribing User via direct cross                     and one or both of its affiliates.12                       discriminatory because discontinuing
                                                  connect, as is currently the case and as                  The proposed change is not otherwise                     the LCN CSP and Bundled Network
                                                  was the case prior to the introduction of               intended to address any other issues                       Access Option 2 in the data center
                                                  the LCN CSP connection offering.                        relating to co-location services and/or                    would permit the Exchange to
                                                                                                          related fees, and the Exchange is not                      streamline the offerings available to
                                                  Bundled Network Access
                                                                                                          aware of any problems that Users would                     Users in the data center by eliminating
                                                     A User is currently able to select from              have in complying with the proposed                        services that Users no longer utilize and,
                                                  two ‘‘bundled’’ connectivity options                    change.                                                    by removing references to related
                                                  when connecting to the data center:                                                                                pricing from the Price List and Fee
                                                  ‘‘Bundled Network Access Option 1’’                     2. Statutory Basis                                         Schedule, make the Price List and Fee
                                                  and ‘‘Bundled Network Access Option                        The Exchange believes that the                          Schedule easier to read, understand and
                                                  2’’.8 The Exchange proposes to                          proposed rule change is consistent with                    administer. The Exchange believes that,
                                                  discontinue Bundled Network Access                      Section 6(b) of the Act,13 in general, and                 because no Users utilize such services,
                                                  Option 2, as Users no longer utilize it,                Section 6(b)(4) of the Act,14 in                           it would be equitable and not unfairly
                                                  and to remove references to related                     particular, because it provides for the                    discriminatory to discontinue the
                                                  pricing from the Price List and Fee                                                                                services.
                                                  Schedule. In addition, the Exchange                     include IP network connections and fiber cross                The Exchange believes that it is
                                                  proposes to rename ‘‘Bundled Network                    connects between a User’s cabinet and a non-User’s         reasonable to discontinue the services in
                                                  Access Option 1’’ as ‘‘Bundled Network                  equipment).                                                the data center that are no longer
                                                                                                            10 See Securities Exchange Act Release No. 76373
                                                  Access,’’ as it would be the sole                       (November 5, 2015), 80 FR 70024 (November 12,
                                                                                                                                                                     utilized by Users and to remove
                                                  remaining option.                                       2015) (SR–NYSEMKT–2015–90) (notice of filing               references to related pricing from the
                                                                                                          and immediate effectiveness of proposed rule               Price List and Fee Schedule because the
                                                  IP Network Access                                       change to include IP 40 Gb network connections).           Exchange offers the services described
                                                     The Internet Protocol (‘‘IP’’) network                 11 As is currently the case, Users that receive co-
                                                                                                                                                                     herein as a convenience to Users, but in
                                                  is a local area network available in the                location services from the Exchange will not receive
                                                                                                          any means of access to the Exchange’s trading and
                                                                                                                                                                     doing so incurs certain costs, including
                                                  data center.9 IP network access is                      execution systems that is separate from, or superior       costs related to the data center facility,
                                                                                                          to, that of other Users. In this regard, all orders sent   hardware and equipment and costs
                                                     6 See Securities Exchange Act Release No. 67665      to the Exchange enter the Exchange’s trading and           related to personnel required for initial
                                                  (August 15, 2012), 77 FR 50734 (August 22, 2012)        execution systems through the same order gateway,
                                                  (SR–NYSEMKT–2012–11).                                   regardless of whether the sender is co-located in the
                                                                                                                                                                     installation and ongoing monitoring,
                                                     7 Id. Previously, the Exchange also offered a one    data center or not. In addition, co-located Users do       support and maintenance of such
                                                  Gb LCN CSP connection, but it was discontinued          not receive any market data or data service product        services. Removing services that Users
                                                  as it was no longer utilized by Users. See Securities   that is not available to all Users, although Users that    do not utilize from the co-location
                                                  Exchange Act Release No. 72719 (July 30, 2014), 79      receive co-location services normally would expect
                                                                                                          reduced latencies in sending orders to, and
                                                                                                                                                                     offerings would contribute to a more
                                                  FR 45502 (August 5, 2014) (SR–NYSEMKT–2014–
                                                                                                                                                                     efficient process for managing the
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                                                  61).                                                    receiving market data from, the Exchange.
                                                     8 Previously, the Exchange offered other               12 See SR–NYSEMKT–2013–67, supra note 5, at              various services offered to Users, which
                                                  ‘‘bundled’’ connectivity options, but they were         50471. The Exchange’s affiliates have also                 would improve the utilization of the
                                                  discontinued as they were no longer utilized by         submitted substantially the same proposed rule             data center resources, both with respect
                                                  Users. See id., at 45503.                               change to propose the changes described herein.
                                                     9 See Securities Exchange Act Release No. 74220      See SR–NYSE–2016–39 and SR–NYSEArca-2016–                  to personnel and infrastructure,
                                                  (February 6, 2015), 80 FR 7894 (February 12, 2015)      77.                                                        including hardware and software.
                                                                                                            13 15 U.S.C. 78f(b).
                                                  (SR–NYSEMKT–2015–08) (notice of filing and
                                                  immediate effectiveness of proposed rule change to        14 15 U.S.C. 78f(b)(4).                                   15 15   U.S.C. 78f(b)(5).



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                                                                                   Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices                                                  36977

                                                     The Exchange believes that                              readily favor competing venues if they                 Commission, 100 F Street NE.,
                                                  eliminating references in the Price List                   deem fee levels at a particular venue to               Washington, DC 20549–1090.
                                                  and Fee Schedule that state that the 40                    be excessive. In such an environment,                  All submissions should refer to File No.
                                                  Gb circuit of the IP network is expected                   the Exchange must continually review,                  SR–NYSEMKT–2016–57. This file
                                                  to be available no later than April 15,                    and consider adjusting, its services and               number should be included on the
                                                  2016, is reasonable, equitable and not                     related fees and credits to remain                     subject line if email is used. To help the
                                                  unfairly discriminatory because these                      competitive with other exchanges. For                  Commission process and review your
                                                  references are obsolete and no longer                      the reasons described above, the                       comments more efficiently, please use
                                                  have an impact on pricing. The                             Exchange believes that the proposed                    only one method. The Commission will
                                                  proposed change would result in the                        rule change reflects this competitive                  post all comments on the Commission’s
                                                  removal of obsolete text from the Price                    environment.                                           Internet Web site (http://www.sec.gov/
                                                  List and Fee Schedule and therefore add                                                                           rules/sro.shtml). Copies of the
                                                                                                             C. Self-Regulatory Organization’s
                                                  greater clarity to the Price List and Fee                                                                         submission, all subsequent
                                                                                                             Statement on Comments on the
                                                  Schedule regarding the services offered                                                                           amendments, all written statements
                                                                                                             Proposed Rule Change Received From
                                                  and the applicable fees.                                                                                          with respect to the proposed rule
                                                     For the reasons above, the proposed                     Members, Participants, or Others
                                                                                                                                                                    change that are filed with the
                                                  changes do not unfairly discriminate                         No written comments were solicited
                                                                                                                                                                    Commission, and all written
                                                  between or among market participants                       or received with respect to the proposed
                                                                                                                                                                    communications relating to the
                                                  that are otherwise capable of satisfying                   rule change.
                                                                                                                                                                    proposed rule change between the
                                                  any applicable co-location fees,                           III. Date of Effectiveness of the                      Commission and any person, other than
                                                  requirements, terms and conditions                         Proposed Rule Change and Timing for                    those that may be withheld from the
                                                  established from time to time by the                       Commission Action                                      public in accordance with the
                                                  Exchange.                                                                                                         provisions of 5 U.S.C. 552, will be
                                                     Finally, the Exchange believes that it                     The foregoing rule change is effective
                                                                                                             upon filing pursuant to Section                        available for Web site viewing and
                                                  is subject to significant competitive                                                                             printing in the Commission’s Public
                                                  forces, as described below in the                          19(b)(3)(A) 17 of the Act and
                                                                                                             subparagraph (f)(2) of Rule 19b–4 18                   Reference Room, 100 F Street NE.,
                                                  Exchange’s statement regarding the                                                                                Washington, DC 20549 on official
                                                  burden on competition.                                     thereunder, because it establishes a due,
                                                                                                             fee, or other charge imposed by the                    business days between the hours of
                                                     For these reasons, the Exchange
                                                                                                             Exchange.                                              10:00 a.m. and 3:00 p.m. Copies of such
                                                  believes that the proposal is consistent
                                                                                                                At any time within 60 days of the                   filing also will be available for
                                                  with the Act.
                                                                                                             filing of such proposed rule change, the               inspection and copying at the principal
                                                  B. Self-Regulatory Organization’s                          Commission summarily may                               office of the Exchange. All comments
                                                  Statement on Burden on Competition                         temporarily suspend such rule change if                received will be posted without change;
                                                     In accordance with Section 6(b)(8) of                   it appears to the Commission that such                 the Commission does not edit personal
                                                  the Act,16 the Exchange believes that the                  action is necessary or appropriate in the              identifying information from
                                                  proposed rule change will not impose                       public interest, for the protection of                 submissions. You should submit only
                                                  any burden on competition that is not                      investors, or otherwise in furtherance of              information that you wish to make
                                                  necessary or appropriate in furtherance                    the purposes of the Act. If the                        available publicly. All submissions
                                                  of the purposes of the Act because, in                     Commission takes such action, the                      should refer to File No. SR–NYSEMKT–
                                                  addition to the proposed services being                    Commission shall institute proceedings                 2016–57, and should be submitted on or
                                                  completely voluntary, they are available                   under Section 19(b)(2)(B) 19 of the Act to             before June 29, 2016.
                                                  to all Users on an equal basis (i.e. the                   determine whether the proposed rule                      For the Commission, by the Division of
                                                  same products and services are available                   change should be approved or                           Trading and Markets, pursuant to delegated
                                                  to all Users).                                             disapproved.                                           authority.20
                                                     The Exchange believes that                              IV. Solicitation of Comments                           Brent J. Fields,
                                                  discontinuing the LCN CSP and                                                                                     Secretary.
                                                  Bundled Network Access Option 2 in                           Interested persons are invited to
                                                                                                                                                                    [FR Doc. 2016–13471 Filed 6–7–16; 8:45 am]
                                                  the data center and removing references                    submit written data, views, and
                                                                                                             arguments concerning the foregoing,                    BILLING CODE 8011–01–P
                                                  to related pricing and obsolete text from
                                                  the Price List and Fee Schedule would                      including whether the proposed rule
                                                  not impose any burden on competition                       change is consistent with the Act.
                                                                                                                                                                    SECURITIES AND EXCHANGE
                                                  that is not necessary or appropriate in                    Comments may be submitted by any of
                                                                                                                                                                    COMMISSION
                                                  furtherance of the purposes of the Act                     the following methods:
                                                  because no Users utilize the services                      Electronic Comments                                    Proposed Collection; Comment
                                                  proposed to be discontinued. A CSP                                                                                Request
                                                                                                               • Use the Commission’s Internet
                                                  User would remain able to deliver                          comment form (http://www.sec.gov/                      Upon Written Request, Copies Available
                                                  services to a Subscribing User via direct                  rules/sro.shtml); or                                    From: Securities and Exchange
                                                  cross connect, as is currently the case                      • Send an email to rule-comments@                     Commission, Office of FOIA Services,
                                                  and as was the case prior to the                           sec.gov. Please include File No. SR–                    100 F Street NE., Washington, DC
                                                  introduction of the LCN CSP connection                     NYSEMKT–2016–57 on the subject line.                    20549–2736.
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                                                  offering. The proposed rule change is
                                                  not intended to address competitive                        Paper Comments                                         Extension:
                                                                                                                                                                      Rule 31 and Form R31, SEC File No. 270–
                                                  issues.                                                      • Send paper comments in triplicate
                                                     Finally, the Exchange notes that it                                                                                537, OMB Control No. 3235–0597.
                                                                                                             to Secretary, Securities and Exchange
                                                  operates in a highly competitive market                                                                             Notice is hereby given that, pursuant
                                                  in which market participants can                             17 15 U.S.C. 78s(b)(3)(A).                           to the Paperwork Reduction Act of 1995
                                                                                                               18 17 CFR 240.19b–4(f)(2).
                                                    16 15   U.S.C. 78f(b)(8).                                  19 15 U.S.C. 78s(b)(2)(B).                             20 17   CFR 200.30–3(a)(12).



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Document Created: 2016-06-08 03:10:43
Document Modified: 2016-06-08 03:10:43
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 36975 

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