81 FR 68086 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Withdrawal of a Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, To Establish Certain End User Fees, Amend the Definition of Affiliate, and Amend the Co-Location Section of the Fee Schedule 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]
[Page 68086]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23753]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78952; File No. SR-NYSEArca-2016-19]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Withdrawal of a Proposed Rule Change, as Modified by Amendment Nos. 1 
and 2, To Establish Certain End User Fees, Amend the Definition of 
Affiliate, and Amend the Co-Location Section of the Fee Schedule To 
Reflect the Changes

September 27, 2016.
    On April 4, 2016, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE 
Arca'') 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 Arca 
Equities Schedule of Fees and Charges for Exchange Services and the 
NYSE Arca Options Fee Schedule 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 no comments 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 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 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 comments in 
response.
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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. 34-77641 (April 18, 
2016), 81 FR 23773 (``Notice'').
    \4\ Amendment No. 1 made technical changes relating to the 
General Notes numbering and references in the Co-location section of 
the Fee Schedules. Amendment No. 1 is available on the Commission's 
Web site at https://www.sec.gov/comments/sr-nysearca-2016-19/nysearca201619-1.pdf.
    \5\ The Commission received two comment letters on a companion 
filing, NYSE-2016-11 (the ``NYSE companion filing''), filed by the 
Exchange's affiliate, the New York Stock Exchange LLC (``NYSE''). 
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 and filed Amendment No. 2 to the NYSE companion filing.
    \6\ See Securities Exchange Act Release No. 34- 77977 (June 2, 
2016), 81 FR 36967.
    \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 at 
part of the Commission's Order Instituting Proceedings and is also 
available on the Commission's Web site at https://www.sec.gov/comments/sr-nysearca-2016-19/nysearca201619-2.pdf.
    \8\ See Securities Exchange Act Release No. 34-78388; (July 21, 
2016); 81 FR 49332.
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    On September 22, 2016, the Exchange withdrew the proposed rule 
change, as modified by Amendment Nos. 1 and 2. (SR-NYSEArca-2016-19).

    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. 2016-23753 Filed 9-30-16; 8:45 am]
 BILLING CODE 8011-01-P