81 FR 68083 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Withdrawal of a Proposed Change, as Modified by Amendment Nos. 1 and 2, Establishing Fees Relating to End Users and Amending the Definition of “Affiliate,” as Well as Amending the NYSE Price List To Reflect the Changes

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 191 (October 3, 2016)

[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68083-68084]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23754]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78953; File No. SR-NYSE-2016-11]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Withdrawal of a Proposed Change, as Modified by Amendment 
Nos. 1 and 2, Establishing Fees Relating to End Users and Amending the 
Definition of ``Affiliate,'' as Well as Amending the NYSE Price List To 
Reflect the Changes

September 27, 2016.
    On April 4, 2016, New York Stock Exchange LLC (the ``Exchange'' or 
``NYSE'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend the co-location section of the NYSE Price 
List to establish fees relating to end users of certain co-location 
Users in the Exchange's data center and to amend the definition of 
``Affiliate.'' The Commission published the proposed rule change for 
comment in the Federal Register on April 22, 2016.\3\ On April 29, 
2016, the Exchange filed Amendment No. 1 to the proposed rule 
change.\4\ The Commission received two comment letters on the proposed 
rule change.\5\ On June 8, 2016, the Commission extended the time 
period within which to approve the proposed rule change, disapprove the 
proposed

[[Page 68084]]

rule change, or institute proceedings to determine whether to approve 
or disapprove the proposed rule change to July 21, 2016.\6\ On June 24, 
2016, the Exchange submitted a Response Letter and filed Amendment No. 
2 to the proposed rule change. \7\ On July 27, 2016, the Commission 
instituted proceedings pursuant to Exchange Act Section 19(b)(2)(B) to 
determine whether to approve or disapprove the proposed rule change, as 
modified by Amendment Nos. 1 and 2.\8\ The Commission received no 
additional comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 34-77642 (April 18, 
2016), 81 FR 23786 (``Notice'').
    \4\ Amendment No. 1 made technical changes relating to the 
General Notes numbering and references in the Co-location section of 
the Price List. Amendment No. 1 is available on the Commission's Web 
site at https://www.sec.gov/comments/sr-nyse-2016-11/nyse201611-1.pdf.
    \5\ See Letter from Michael Friedman, General Counsel and Chief 
Compliance Officer, Trillium, to Brent J. Fields, Secretary, 
Securities and Exchange Commission, dated May 13, 2016 (``Friedman 
Letter''), and Letter from Eero Pikat to Brent J. Fields, Secretary, 
Securities and Exchange Commission, dated, May 13, 2016 (``Pikat 
Letter'') (together, the ``Comment Letters,'').
     In response to the Comment Letters, the NYSE submitted a 
response (``Response Letter'') and filed Amendment No. 2.
    \6\ See Securities Exchange Act Release No. 34-77976 (June 2, 
2016), 81 FR 36981.
    \7\ In Amendment No. 2 the Exchange proposed that Rebroadcasting 
Users and Transmittal Users would not be charged for their first two 
Multicast End Users and Unicast End Users, respectively, and offers 
additional support for the proposal. Amendment No. 2 was noticed in 
the Commission's Order Instituting Proceedings and is also available 
on the Commission's Web site at https://www.sec.gov/comments/sr-nyse-2016-11/nyse201611-4.pdf.
    \8\ See Securities Exchange Act Release No. 34-78387 (July 21, 
2016); 81 FR 49300.
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    On September 22, 2016, the Exchange withdrew the proposed rule 
change, as modified by Amendment Nos. 1 and 2. (SR-NYSE-2016-11).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-23754 Filed 9-30-16; 8:45 am]
 BILLING CODE 8011-01-P