81_FR_68277 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

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)

Page Range68086-68086
FR Document2016-23753

Federal Register, Volume 81 Issue 191 (Monday, 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

68086 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices Comments may be submitted by any of SECURITIES AND EXCHANGE Exchange filed Amendment No. 2 to the the following methods: COMMISSION proposed rule change.7 On July 27, 2016, the Commission instituted Electronic Comments [Release No. 34–78952; File No. SR– proceedings pursuant to Exchange Act NYSEArca–2016–19] • Use the Commission’s Internet Section 19(b)(2)(B) to determine comment form (http://www.sec.gov/ Self-Regulatory Organizations; NYSE whether to approve or disapprove the Arca, Inc.; Notice of Withdrawal of a proposed rule change, as modified by rules/sro.shtml); or Proposed Rule Change, as Modified by Amendment Nos. 1 and 2.8 The • Send an email to rule-comments@ Amendment Nos. 1 and 2, To Establish Commission received no comments in sec.gov. Please include File Number SR– Certain End User Fees, Amend the response. MIAX–2016–33 on the subject line. Definition of Affiliate, and Amend the On September 22, 2016, the Exchange Co-Location Section of the Fee withdrew the proposed rule change, as Paper comments modified by Amendment Nos. 1 and 2. Schedule To Reflect the Changes • Send paper comments in triplicate (SR–NYSEArca–2016–19). September 27, 2016. For the Commission, by the Division of to Secretary, Securities and Exchange On April 4, 2016, NYSE Arca, Inc. Trading and Markets, pursuant to delegated Commission, 100 F Street NE., (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed authority.9 Washington, DC 20549–1090. with the Securities and Exchange Robert W. Errett, All submissions should refer to File Commission (‘‘Commission’’), pursuant Deputy Secretary. Number SR–MIAX–2016–33. This file to Section 19(b)(1) of the Securities [FR Doc. 2016–23753 Filed 9–30–16; 8:45 am] number should be included on the Exchange Act of 1934 (‘‘Act’’) 1 and Rule BILLING CODE 8011–01–P subject line if email is used. To help the 19b–4 thereunder,2 a proposed rule Commission process and review your change to amend the co-location section comments more efficiently, please use of the NYSE Arca Equities Schedule of SECURITIES AND EXCHANGE only one method. The Commission will Fees and Charges for Exchange Services COMMISSION post all comments on the Commission’s and the NYSE Arca Options Fee Schedule to establish fees relating to [Release No. 34–78951; File No. SR– Internet Web site (http://www.sec.gov/ NYSEMKT–2016–15] end users of certain co-location Users in rules/sro.shtml). Copies of the the Exchange’s data center and to submission, all subsequent Self-Regulatory Organizations; NYSE amend the definition of ‘‘Affiliate.’’ The amendments, all written statements MKT LLC; Notice of Withdrawal of a Commission published the proposed with respect to the proposed rule Proposed Change, as Modified by rule change for comment in the Federal change that are filed with the Amendment Nos. 1 and 2, Establishing Register on April 22, 2016.3 On April Commission, and all written Fees Relating to End Users and 29, 2016, the Exchange filed communications relating to the Amending the Definition of ‘‘Affiliate,’’ Amendment No. 1 to the proposed rule proposed rule change between the as Well as Amending the NYSE MKT change.4 The Commission received no Commission and any person, other than Equities Price List and the NYSE Amex comments on the proposed rule those that may be withheld from the Options Fee Schedule To Reflect the change.5 On June 8, 2016, the Commission extended the time period Changes public in accordance with the provisions of 5 U.S.C. 552, will be within which to approve the proposed September 27, 2016. available for Web site viewing and rule change, disapprove the proposed On April 4, 2016, NYSE MKT LLC printing in the Commission’s Public rule change, or institute proceedings to (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed Reference Room, 100 F Street NE., determine whether to approve or with the Securities and Exchange Washington, DC 20549 on official disapprove the proposed rule change to Commission (‘‘Commission’’), pursuant business days between the hours of July 21, 2016.6 On June 24, 2016, the to Section 19(b)(1) of the Securities 10:00 a.m. and 3:00 p.m. Copies of the Exchange Act of 1934 (‘‘Act’’) 1 and Rule 1 15 U.S.C. 78s(b)(1). filing also will be available for 2 17 19b–4 thereunder,2 a proposed rule CFR 240.19b–4. inspection and copying at the principal 3 See Securities Exchange Act Release No. 34– change to amend the co-location section office of the Exchange. All comments 77641 (April 18, 2016), 81 FR 23773 (‘‘Notice’’). of the NYSE MKT Equities Price List received will be posted without change; 4 Amendment No. 1 made technical changes and the NYSE Amex Options Fee the Commission does not edit personal relating to the General Notes numbering and Schedule to establish fees relating to references in the Co-location section of the Fee end users of certain co-location Users in identifying information from Schedules. Amendment No. 1 is available on the submissions. You should submit only Commission’s Web site at https://www.sec.gov/ the Exchange’s data center and to information that you wish to make comments/sr-nysearca-2016-19/nysearca201619- amend the definition of ‘‘Affiliate.’’ The 1.pdf. Commission published the proposed available publicly. All submissions 5 The Commission received two comment letters should refer to File Number SR–MIAX– on a companion filing, NYSE–2016–11 (the ‘‘NYSE 7 In Amendment No. 2 the Exchange proposed 2016–33 and should be submitted on or companion filing’’), filed by the Exchange’s affiliate, the New York Stock Exchange LLC (‘‘NYSE’’). See that Rebroadcasting Users and Transmittal Users before October 24, 2016. Letter from Michael Friedman, General Counsel and would not be charged for their first two Multicast Chief Compliance Officer, Trillium, to Brent J. End Users and Unicast End Users, respectively, and For the Commission, by the Division of offers additional support for the proposal. Fields, Secretary, Securities and Exchange Trading and Markets, pursuant to delegated Amendment No. 2 was noticed at part of the Commission, dated May 13, 2016 (‘‘Friedman sradovich on DSK3GMQ082PROD with NOTICES authority.14 Letter’’), and Letter from Eero Pikat to Brent J. Commission’s Order Instituting Proceedings and is Fields, Secretary, Securities and Exchange also available on the Commission’s Web site at Robert W. Errett, https://www.sec.gov/comments/sr-nysearca-2016- Commission, dated, May 13, 2016 (‘‘Pikat Letter’’) Deputy Secretary. (together, the ‘‘Comment Letters,’’). 19/nysearca201619-2.pdf. 8 See Securities Exchange Act Release No. 34– [FR Doc. 2016–23751 Filed 9–30–16; 8:45 am] In response to the Comment Letters, the NYSE submitted a response and filed Amendment No. 2 78388; (July 21, 2016); 81 FR 49332. BILLING CODE 8011–01–P 9 17 CFR 200.30–3(a)(12). to the NYSE companion filing. 6 See Securities Exchange Act Release No. 34– 1 15 U.S.C. 78s(b)(1). 14 17 CFR 200.30–3(a)(12). 77977 (June 2, 2016), 81 FR 36967. 2 17 CFR 240.19b–4. VerDate Sep<11>2014 17:56 Sep 30, 2016 Jkt 241001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\03OCN1.SGM 03OCN1


Document Created: 2018-02-13 14:11:02
Document Modified: 2018-02-13 14:11:02
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 68086 
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