82 FR 1772 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.35(d)(4)
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 4 (January 6, 2017)
Federal Register Volume 82, Issue 4 (January 6, 2017)
| Page Range | 1772-1774 | |
| FR Document | 2016-32036 |
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)] [Notices] [Pages 1772-1774] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-32036] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79713; File No. SR-NYSEARCA-2016-166] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.35(d)(4) December 30, 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 December 16, 2016, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE Arca'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I and II 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 Substance of the Proposed Rule Change The Exchange proposes to amend NYSE Arca Equities Rule 7.35(d)(4) to provide that the Exchange would not report an Official Closing Price, as defined under NYSE Arca Equities Rule 1.1(gg)(1), if there were no consolidated last-sale eligible trades on a trading day. 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend NYSE Arca Equities Rule 7.35(d)(4) to provide that the Exchange would not report an Official Closing Price, as defined under NYSE Arca Equities Rule 1.1(gg)(1), if there were no consolidated last-sale eligible trades on a trading day. This proposed rule change would not change how the Official Closing Price would be determined and disseminated if the Exchange is unable to conduct a closing transaction in one or more securities due to a systems or technical issue, as described in NYSE Arca Equities Rules 1.1(gg)(2)-(4). The Exchange reports an Official Closing Price to the securities information processor (``SIP'') as an ``M'' sale condition.\4\ As set forth in the SIP Specifications, a price reported to the SIP by an exchange under the ``M'' sale condition, which is called the ``Market Center Official Close,'' is not used for purposes of determining a consolidated last sale price or the high or low price of a security and does not include any volume information. Each exchange determines what price could be reported to the SIP as its ``Market Center Official Close.'' As provided for in Rule 7.35(d)(4), the Exchange publishes an Official Closing Price for all securities that trade on the NYSE Arca Marketplace. The term ``Official Closing Price'' is defined in Rule 1.1(gg). --------------------------------------------------------------------------- \4\ For a description of all sale conditions that are reportable to the SIP, including the ``M'' and ``6'' sale conditions, see the Consolidated Tape System Participant Communications Interface Specification, dated September 15, 2016, at 87, available here: https://www.ctaplan.com/publicdocs/ctaplan/notifications/trader-update/cts_input_spec.pdf, and the UTP Plan Trade Data Feed Direct Subscriber Interface Specification, dated November 2015, at 7-3, available here: http://www.utpplan.com/DOC/utdfspecification.pdf (together, ``SIP Specifications''). A trade reported to the SIP as a Market Center Closing Trade with a ``6'' sale condition includes volume information, is included in the consolidated last sale, and is included in the high or low price of a security. The Exchange reports to the SIP closing auction trades of a round lot or more with a ``6'' sale condition. --------------------------------------------------------------------------- The Exchange is proposing to amend NYSE Arca Equities Rule 7.35(d)(4) to provide that an Official Closing Price, as defined in NYSE Arca Equities Rule 1.1(gg)(1), would not be reported for a security if there were no consolidated last-sale eligible trades in such security on a trading day.\5\ The Exchange does not believe that it should publish an Official Closing Price to the SIP as an ``M'' value if there has not been a consolidated last-sale eligible trade in a security on a trading day. For example, based on feedback from industry participants, the Exchange understands that certain market participants, such as index providers and mutual funds, follow a different method of determining a security's closing price when there have not been any last-sale eligible trades on a trading day. Under these circumstances, the Exchange understands that an Official Closing Price reported to the SIP as an ``M'' sale condition that differs from how an industry market participant may determine such value for its own purposes could lead to confusion if a market participant's systems read the ``M'' value published by the SIP that differs from their calculation. --------------------------------------------------------------------------- \5\ The Exchange also proposes to amend NYSE Arca Equities Rule 7.35(d)(4) to provide that the Exchange would ``report'' an Official Closing Price, rather than ``publish'' an ``Official Closing Price,'' because the SIP, and not the Exchange, publishes the Official Closing Price. --------------------------------------------------------------------------- Accordingly, this proposed rule change is intended to amend NYSE Arca Equities Rule 7.35(d)(4) to provide that the Exchange would not report an Official Closing Price, as defined in Rule 1.1(gg)(1), in a security as an ``M'' sale condition to the SIP if there were no consolidated last-sale eligible trades in such security on a trading day. And, as noted above, this proposed rule change would not alter how the Official Closing Price would be disseminated under NYSE Arca Equities Rules 1.1(gg)(2)-(4). 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,\6\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\7\ in particular, in that 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 [[Page 1773]] facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule change would remove impediments to and perfect the mechanism of a free and open market and a national market system because it would provide transparency of when the Exchange's would not report a price to the SIP as an ``M'' sale condition. The Exchange believes that the proposed rule change is consistent with the Act because the ``M'' sale condition does not contribute to the consolidated last sale price for a security, the high or low price of a security, or reported volume for a security, and therefore is an informational value. The Exchange further believes that this proposed rule change is consistent with the protection of investors and the public interest because it would reduce confusion by eliminating publication to the SIP of a price that may conflict with how an index provider or mutual fund determines that value for a security if there are no consolidated last-sale eligible trades on a trading day. Finally, the Exchange believes that the proposed rule change would remove impediments to and perfect the mechanism of a free and open market and a national market system because it would apply only when the Exchange is fully operational. If the Exchange is unable to conduct a closing transaction due to a systems or technical issue, current NYSE Arca Equities Rule 1.1(gg)(2)-(4) would govern, with no change. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is not designed to address any competitive issues, but rather to specify that the Exchange would not be required to report an Official Closing Price to the SIP as an ``M'' sale condition if there has not been a consolidated last-sale eligible trade on a trading day. 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 Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\ Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b- 4(f)(6)(iii) thereunder. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(3)(A)(iii). \9\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b4(f)(6)(iii),\11\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Exchange believes that waiving the operative delay would be consistent with the protection of investors and the public interest because it would make transparent that the Exchange would not report an ``M'' sale condition to the SIP for a security if there has not been a last-sale eligible trade on a trading day. The Exchange further believes that the proposed rule change is consistent with the protection of investors and the public interest because it would not change how an Official Closing Price would be disseminated under NYSE Arca Equities Rules 1.1(gg)(2)- (4). The Commission believes that the proposed rule change is consistent with the protection of investors and the public interest because it clarifies the Exchange's reporting practices while maintaining its procedures for reporting and disseminating an Official Closing Price. Accordingly, the Commission hereby waives the 30-day operative delay and designates the proposal operative upon filing.\12\ --------------------------------------------------------------------------- \10\ 17 CFR 240.19b-4(f)(6). \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. \12\ For purposes only of waiving the operative delay of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). --------------------------------------------------------------------------- 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) \13\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \13\ 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 Number SR-NYSEARCA-2016-166 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEARCA-2016-166. 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 [[Page 1774]] 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 the 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 Number SR-NYSEARCA-2016-166, and should be submitted on or before January 27, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2016-32036 Filed 1-5-17; 8:45 am] BILLING CODE 8011-01-P
![1772 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices
2016, applicant made a final liquidating II. Self-Regulatory Organization’s 7.35(d)(4), the Exchange publishes an
distribution to its shareholders, based Statement of the Purpose of, and Official Closing Price for all securities
on net asset value. Expenses of $33,332 Statutory Basis for, the Proposed Rule that trade on the NYSE Arca
incurred in connection with the Change Marketplace. The term ‘‘Official Closing
liquidation were paid by applicant. In its filing with the Commission, the Price’’ is defined in Rule 1.1(gg).
Filing Dates: The application was The Exchange is proposing to amend
self-regulatory organization included
filed on December 23, 2014, and NYSE Arca Equities Rule 7.35(d)(4) to
statements concerning the purpose of,
amended on December 7, 2016 and provide that an Official Closing Price, as
and basis for, the proposed rule change
December 22, 2016. defined in NYSE Arca Equities Rule
and discussed any comments it received
Applicant’s Address: 400 Park 1.1(gg)(1), would not be reported for a
on the proposed rule change. The text
Avenue, New York, New York 10022. security if there were no consolidated
of those statements may be examined at
last-sale eligible trades in such security
For the Commission, by the Division of the places specified in Item IV below.
on a trading day.5 The Exchange does
Investment Management, pursuant to The Exchange has prepared summaries,
not believe that it should publish an
delegated authority. set forth in sections A, B, and C below, Official Closing Price to the SIP as an
Eduardo A. Aleman, of the most significant parts of such ‘‘M’’ value if there has not been a
Assistant Secretary. statements. consolidated last-sale eligible trade in a
[FR Doc. 2016–32041 Filed 1–5–17; 8:45 am] A. Self-Regulatory Organization’s security on a trading day. For example,
BILLING CODE 8011–01–P Statement of the Purpose of, and the based on feedback from industry
Statutory Basis for, the Proposed Rule participants, the Exchange understands
Change that certain market participants, such as
SECURITIES AND EXCHANGE index providers and mutual funds,
COMMISSION 1. Purpose follow a different method of
The Exchange proposes to amend determining a security’s closing price
[Release No. 34–79713; File No. SR– NYSE Arca Equities Rule 7.35(d)(4) to when there have not been any last-sale
NYSEARCA–2016–166] provide that the Exchange would not eligible trades on a trading day. Under
report an Official Closing Price, as these circumstances, the Exchange
Self-Regulatory Organizations; NYSE defined under NYSE Arca Equities Rule understands that an Official Closing
Arca, Inc.; Notice of Filing and 1.1(gg)(1), if there were no consolidated Price reported to the SIP as an ‘‘M’’ sale
Immediate Effectiveness of Proposed last-sale eligible trades on a trading day. condition that differs from how an
Rule Change Amending NYSE Arca This proposed rule change would not industry market participant may
Equities Rule 7.35(d)(4) change how the Official Closing Price determine such value for its own
December 30, 2016. would be determined and disseminated purposes could lead to confusion if a
if the Exchange is unable to conduct a market participant’s systems read the
Pursuant to Section 19(b)(1) 1 of the closing transaction in one or more ‘‘M’’ value published by the SIP that
Securities Exchange Act of 1934 (the securities due to a systems or technical differs from their calculation.
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 issue, as described in NYSE Arca Accordingly, this proposed rule
notice is hereby given that, on December Equities Rules 1.1(gg)(2)–(4). change is intended to amend NYSE Arca
16, 2016, NYSE Arca, Inc. (the The Exchange reports an Official Equities Rule 7.35(d)(4) to provide that
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with Closing Price to the securities the Exchange would not report an
the Securities and Exchange information processor (‘‘SIP’’) as an ‘‘M’’ Official Closing Price, as defined in Rule
Commission (the ‘‘Commission’’) the sale condition.4 As set forth in the SIP 1.1(gg)(1), in a security as an ‘‘M’’ sale
proposed rule change as described in Specifications, a price reported to the condition to the SIP if there were no
Items I and II below, which Items have SIP by an exchange under the ‘‘M’’ sale consolidated last-sale eligible trades in
been prepared by the self-regulatory condition, which is called the ‘‘Market such security on a trading day. And, as
organization. The Commission is Center Official Close,’’ is not used for noted above, this proposed rule change
publishing this notice to solicit purposes of determining a consolidated would not alter how the Official Closing
comments on the proposed rule change last sale price or the high or low price Price would be disseminated under
from interested persons. of a security and does not include any NYSE Arca Equities Rules 1.1(gg)(2)–(4).
I. Self-Regulatory Organization’s volume information. Each exchange
2. Statutory Basis
Statement of the Terms of Substance of determines what price could be reported
the Proposed Rule Change to the SIP as its ‘‘Market Center Official The Exchange believes that the
Close.’’ As provided for in Rule proposed rule change is consistent with
The Exchange proposes to amend Section 6(b) of the Act,6 in general, and
NYSE Arca Equities Rule 7.35(d)(4) to 4 For a description of all sale conditions that are furthers the objectives of Section 6(b)(5)
provide that the Exchange would not reportable to the SIP, including the ‘‘M’’ and ‘‘6’’ of the Act,7 in particular, in that it is
report an Official Closing Price, as sale conditions, see the Consolidated Tape System designed to prevent fraudulent and
defined under NYSE Arca Equities Rule Participant Communications Interface
Specification, dated September 15, 2016, at 87, manipulative acts and practices, to
1.1(gg)(1), if there were no consolidated available here: https://www.ctaplan.com/ promote just and equitable principles of
last-sale eligible trades on a trading day. publicdocs/ctaplan/notifications/trader-update/cts_ trade, to foster cooperation and
The proposed rule change is available input_spec.pdf, and the UTP Plan Trade Data Feed coordination with persons engaged in
Direct Subscriber Interface Specification, dated
sradovich on DSK3GMQ082PROD with NOTICES
on the Exchange’s Web site at
November 2015, at 7–3, available here: http://
www.nyse.com, at the principal office of www.utpplan.com/DOC/utdfspecification.pdf
5 The Exchange also proposes to amend NYSE
the Exchange, and at the Commission’s (together, ‘‘SIP Specifications’’). A trade reported to Arca Equities Rule 7.35(d)(4) to provide that the
Public Reference Room. the SIP as a Market Center Closing Trade with a ‘‘6’’ Exchange would ‘‘report’’ an Official Closing Price,
sale condition includes volume information, is rather than ‘‘publish’’ an ‘‘Official Closing Price,’’
included in the consolidated last sale, and is because the SIP, and not the Exchange, publishes
1 15 U.S.C. 78s(b)(1). the Official Closing Price.
included in the high or low price of a security. The
2 15 U.S.C. 78a. 6 15 U.S.C. 78f(b).
Exchange reports to the SIP closing auction trades
3 17 CFR 240.19b–4. of a round lot or more with a ‘‘6’’ sale condition. 7 15 U.S.C. 78f(b)(5).
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![1774 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices
printing in the Commission’s Public Commission (the ‘‘Commission’’) the fees related to Partial Cabinet Solution
Reference Room, 100 F Street NE., proposed rule change as described in bundles in connection with the
Washington, DC 20549, on official Items I, II, and III below, which Items Exchange’s co-location services.4
business days between the hours of have been prepared by the self- Currently, the Exchange offers Users 5
10:00 a.m. and 3:00 p.m. Copies of the regulatory organization. The that purchase a Partial Cabinet Solution
filing also will be available for Commission is publishing this notice to bundle on or before December 31, 2016
inspection and copying at the principal solicit comments on the proposed rule a 50% reduction in the monthly
office of the Exchange. All comments change from interested persons. recurring charges (‘‘MRC’’) for the first
received will be posted without change; 12 months.6 The Exchange now
I. Self-Regulatory Organization’s
the Commission does not edit personal
Statement of the Terms of the Substance proposes to extend that 50% reduction
identifying information from
of the Proposed Rule Change until December 31, 2017. The Exchange
submissions. You should submit only
The Exchange proposes to amend the proposes to implement the fee changes
information that you wish to make
available publicly. All submissions NYSE Arca Options Fee Schedule (the effective January 1, 2017.
should refer to File Number SR– ‘‘Options Fee Schedule’’) and the NYSE The Exchange offers the four Partial
NYSEARCA–2016–166, and should be Arca Equities Schedule of Fees and Cabinet Solution bundles in order to
submitted on or before January 27, 2017. Charges for Exchange Services (the attract smaller Users, including those
‘‘Equities Fee Schedule’’ and, together with minimal power or cabinet space
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
with the Options Fee Schedule, the ‘‘Fee demands or those for which the costs
authority.14 Schedules’’) to modify the fees related attendant with having a dedicated
Eduardo A. Aleman, to four bundles of co-location services cabinet or greater network connection
(‘‘Partial Cabinet Solution bundles’’) in
Assistant Secretary. bandwidth are too burdensome.7 Under
connection with the Exchange’s co-
[FR Doc. 2016–32036 Filed 1–5–17; 8:45 am] the proposed change, such smaller
location services. The Exchange
BILLING CODE 8011–01–P
proposes to implement the fee changes Users will be able to avail themselves of
effective January 1, 2017. The proposed the reduction until December 31, 2017.
rule change is available on the Specifically, the Exchange proposes to
SECURITIES AND EXCHANGE modify its Fee Schedules so that they
Exchange’s Web site at www.nyse.com,
COMMISSION read as follows:
at the principal office of the Exchange,
[Release No. 34–79716; File No. SR– and at the Commission’s Public
NYSEArca–2016–168] Reference Room.
Self-Regulatory Organizations; NYSE II. Self-Regulatory Organization’s 4 The Exchange initially filed rule changes
Statement of the Purpose of, and relating to its co-location services with the
Arca, Inc.; Notice of Filing and Securities and Exchange Commission
Immediate Effectiveness of Proposed Statutory Basis for, the Proposed Rule (‘‘Commission’’) in 2010. See Securities Exchange
Rule Change To Amend the NYSE Arca Change Act Release No. 63275 (November 8, 2010), 75 FR
Options Fee Schedule and the NYSE 70048 (November 16, 2010) (SR–NYSEArca–2010–
In its filing with the Commission, the 100) (the ‘‘Original Co-location Filing’’). The
Arca Equities Schedule of Fees and self-regulatory organization included Exchange operates a data center in Mahwah, New
Charges for Exchange Services To statements concerning the purpose of, Jersey (the ‘‘data center’’) from which it provides
Modify the Fees Related to Four and basis for, the proposed rule change co-location services to Users.
5 For purposes of the Exchange’s co-location
Bundles of Co-Location Services in and discussed any comments it received
services, a ‘‘User’’ means any market participant
Connection With the Exchange’s Co- on the proposed rule change. The text that requests to receive co-location services directly
Location Services of those statements may be examined at from the Exchange. See Securities Exchange Act
the places specified in Item IV below. Release No. 76010 (September 29, 2015), 80 FR
December 30, 2016. 60197 (October 5, 2015) (SR–NYSEArca–2015–82).
The Exchange has prepared summaries,
Pursuant to Section 19(b)(1) 1 of the set forth in sections A, B, and C below, As specified in the Fee Schedules, a User that
Securities Exchange Act of 1934 (the incurs co-location fees for a particular co-location
of the most significant parts of such service pursuant thereto would not be subject to co-
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 statements. location fees for the same co-location service
notice is hereby given that, on December charged by the Exchange’s affiliates New York
19, 2016, NYSE Arca, Inc. (the A. Self-Regulatory Organization’s Stock Exchange LLC (‘‘NYSE LLC’’) and NYSE MKT
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with Statement of the Purpose of, and LLC (‘‘NYSE MKT and, together with NYSE LLC,
Statutory Basis for, the Proposed Rule the ‘‘Affiliate SROs’’). See Securities Exchange Act
the Securities and Exchange Release No. 70173 (August 13, 2013), 78 FR 50459
Change (August 19, 2013) (SR–NYSEArca–2013–80).
14 17CFR 200.30–3(a)(12). 6 See Securities Exchange Act Release No. 77070
1. Purpose
1 15 U.S.C. 78s(b)(1). (Feb. 5, 2016), 81 FR 7401 (Feb. 11, 2016) (SR–
2 15 U.S.C. 78a. The Exchange proposes to amend the NYSEArca–2015–102).
3 17 CFR 240.19b–4. Exchange’s Fee Schedules to modify the 7 See id at 7402.
sradovich on DSK3GMQ082PROD with NOTICES
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Document Created: 2017-01-06 01:30:04
Document Modified: 2017-01-06 01:30:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| FR Citation | 82 FR 1772 |
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