82 FR 1777 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend the Exchange's Price List to Modify the Fees Related to Four Bundles of Co-Location Services in Connection with the Exchange's Co-Location Services
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 4 (January 6, 2017)
Federal Register Volume 82, Issue 4 (January 6, 2017)
| Page Range | 1777-1780 | |
| FR Document | 2016-32038 |
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)] [Notices] [Pages 1777-1780] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-32038] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79715; File No. SR-NYSE-2016-91] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend the Exchange's Price List to Modify the Fees Related to Four Bundles of Co-Location Services in Connection with the Exchange's Co- Location Services 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 19, 2016, New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') 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. --------------------------------------------------------------------------- \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 the Substance of the Proposed Rule Change The Exchange proposes to amend the Exchange's Price List to modify the fees related to four bundles of co-location services (``Partial Cabinet Solution bundles'') in connection with the Exchange's co- location services. The Exchange proposes to implement the fee changes effective January 1, 2017. 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 Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend the Exchange's Price List to modify the fees related to Partial Cabinet Solution bundles in connection with the Exchange's co-location services.\4\ Currently, the Exchange offers Users \5\ that purchase a Partial Cabinet Solution bundle on or before December 31, 2016 a 50% reduction in the monthly recurring charges (``MRC'') for the first 12 months.\6\ The Exchange now proposes to extend that 50% reduction until December 31, 2017. The Exchange proposes to implement the fee changes effective January 1, 2017. --------------------------------------------------------------------------- \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. 62960 (Sept. 21, 2010), 75 FR 59310 (Sept. 27, 2010) (SR-NYSE-2010- 56) (the ``Original Co-location Filing''). 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. 76008 (Sept. 29, 2015), 80 FR 60190 (Oct. 5, 2015) (SR-NYSE-2015-40). As specified in the Price List, 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 NYSE MKT LLC and NYSE Arca, Inc. See Securities Exchange Act Release No. 70206 (Aug. 15, 2013), 78 FR 51765 (Aug. 21, 2013) (SR-NYSE-2013- 59). \6\ See Securities Exchange Act Release No. 77072 (Feb. 5, 2016), 81 FR 7394 (Feb. 11, 2016) (SR-NYSE-2015-53). --------------------------------------------------------------------------- The Exchange offers the four Partial Cabinet Solution bundles in order to attract smaller Users, including those with minimal power or cabinet space demands or those for which the costs attendant with having a dedicated cabinet or greater network connection bandwidth are too burdensome.\7\ Under the proposed change, such smaller Users will be able to avail themselves of the reduction until December 31, 2017. Specifically, the Exchange proposes to modify its Price List so that it reads as follows: --------------------------------------------------------------------------- \7\ See id at 7396. [[Page 1778]] ------------------------------------------------------------------------ Type of service Description Amount of charge ------------------------------------------------------------------------ Partial Cabinet Solution Option A: 1 kW $7,500 initial bundles. partial cabinet, 1 charge per bundle Note: A User and its LCN connection (1 plus monthly charge Affiliates are limited to Gb), 1 IP network per bundle as one Partial Cabinet connection (1 Gb), follows: Solution bundle at a time. 2 fiber crossFor Users A User and its Affiliates connections and that order on or must have an Aggregate either the Network before December 31, Cabinet Footprint of 2 kW Time Protocol Feed 2017: $3,000 or less to qualify for a or Precision Timing monthly for first Partial Cabinet Solution Protocol. 12 months of bundle. See Note 2 under service, and $6,000 ``General Notes''. monthly thereafter. For Users that order after December 31, 2017: $6,000 monthly. Option B: 2 kW $7,500 initial partial cabinet, 1 charge per bundle LCN connection (1 plus monthly charge Gb), 1 IP network per bundle as connection (1 Gb), follows: 2 fiber cross For Users connections and that order on or either the Network before December 31, Time Protocol Feed 2017: $3,500 or Precision Timing monthly for first Protocol. 12 months of service, and $7,000 monthly thereafter. For Users that order after December 31, 2017: $7,000 monthly. Option C: 1 kW $10,000 initial partial cabinet, 1 charge per bundle LCN connection (10 plus monthly charge Gb), 1 IP network per bundle as connection (10 Gb), follows: 2 fiber cross For Users connections and that order on or either the Network before December 31, Time Protocol Feed 2017: $7,000 or Precision Timing monthly for first Protocol. 12 months of service, and $14,000 monthly thereafter. For Users that order after December 31, 2017: $14,000 monthly. Option D: 2 kW $10,000 initial partial cabinet, 1 charge per bundle LCN connection (10 plus monthly charge Gb), 1 IP network per bundle as connection (10 Gb), follows: 2 fiber cross For Users connections and that order on or either the Network before December 31, Time Protocol Feed 2017: $7,500 or Precision Timing monthly for first Protocol. 12 months of service, and $15,000 monthly thereafter. For Users that order after December 31, 2017: $15,000 monthly. ------------------------------------------------------------------------ The Exchange is not proposing any other changes to the Partial Cabinet Solution bundles other than this proposed extension of the 50% reduction in the MRC. Users that purchase a Partial Cabinet Solution bundle would still be subject to a 90-day minimum commitment, after which period they are subject to a 60-day rolling time period.\8\ --------------------------------------------------------------------------- \8\ See id. --------------------------------------------------------------------------- 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; \9\ 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.\10\ --------------------------------------------------------------------------- \9\ 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. \10\ See SR-NYSE-2013-59, supra note 5, at 51766. The Exchange's affiliates have also submitted substantially the same proposed rule change to propose the changes described herein. See SR-NYSEMKT-2016- 123 and SR-NYSEArca-2016-168. A separate fee filing by the Exchange that is effective January 3, 2017 will not affect this filing. See SR-NYSE-2016-89. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,\11\ in general, and furthers the objectives of Sections 6(b)(5) of the Act,\12\ 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. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78f(b). \12\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule changes provide for the equitable allocation of reasonable dues, fees, and other charges among its members, issuers and other persons using its facilities, and are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers, because the Exchange proposes to offer the 50% reduction in the MRC to all Users equally. As is currently the case, the purchase of any colocation service (including Partial Cabinet Solution bundles) is completely voluntary. All Users that order a bundle on or before December 31, 2017 would have their MRC reduced by 50% for the first 12 months. The Exchange believes that extending the 50% reduction in the MRC for Partial Cabinet Solution bundles is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers because the Partial Cabinet Solution bundles would continue to offer four different Partial Cabinet Solution bundles with options with respect to cabinet footprint and network connections. Users that require other sizes or combinations of cabinets, network connections and cross connects could still request them. In addition, the Exchange believes that its proposal would remove impediments to, and perfects the mechanisms of, a free and open market and a national market system and, in general, protects investors and the public interest because the proposed extension of the 50% reduction in MRC would continue to make it more cost [[Page 1779]] effective for Users to utilize co-location by creating a convenient way to create a colocation environment, through four Partial Cabinet Solution bundles with options with respect to cabinet footprint and network connections. The Exchange expects that such Users would include those with minimal power or cabinet space demands and Users for which the costs attendant with having a dedicated cabinet or greater network connection bandwidth are too burdensome. The Exchange also believes that the proposed rule change is consistent with Section 6(b)(4) of the Act,\13\ 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. --------------------------------------------------------------------------- \13\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- The Exchange believes that it is reasonable that Users that order a Partial Cabinet Solution bundle on or before December 31, 2017 would have their MRC reduced by 50% for the first 12 months because it is reasonable to continue to offer such reduction as an incentive to Users to utilize the service. As noted above, the Exchange anticipates that Users of the Partial Cabinet Solution bundles would include those with minimum power or cabinet space demands and Users for which the costs attendant with having a dedicated cabinet or greater network connection bandwidth are too burdensome. The Exchange believes that it is reasonable to continue to have a reduced minimum commitment period for the Partial Cabinet Solution bundle to further reduce the cost commitment for such Users as a continued incentive to Users to utilize the new service. 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,\14\ 26 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, and the extension of the 50% reduction for the MRC for the Partial Cabinet Solution bundles would apply to all Users). --------------------------------------------------------------------------- \14\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- The Exchange believes that extending the 50% reduction in the MRC will not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act because such access will continue to satisfy User demand for cost effective options for smaller Users that choose to utilize co-location. All Users that order a bundle on or before December 31, 2017 would have their MRC reduced by 50% for the first 12 months. Providing entities with the additional option of the Partial Cabinet Solution bundle will allow them to select the relationship and type of service that better corresponds to their needs and resources. The proposed changes will also enhance competition by making it more cost effective for Users that purchase a Partial Cabinet Solution bundle to utilize co-location by creating a convenient way to create a colocation environment, through Partial Cabinet Solution bundles with options with respect to cabinet footprint and network connections at a reduced MRC for the first 12 months. Such Users may choose to pass on such cost savings to their customers. The Exchange operates in a highly competitive market in which exchanges offer co-location services as a means to facilitate the trading and other market activities of those market participants who believe that co-location enhances the efficiency of their operations. Accordingly, fees charged for co-location services are constrained by the active competition for the order flow of, and other business from, such market participants. If a particular exchange charges excessive fees for co-location services, affected market participants will opt to terminate their co-location arrangements with that exchange, and adopt a possible range of alternative strategies, including placing their servers in a physically proximate location outside the exchange's data center (which could be a competing exchange), or pursuing strategies less dependent upon the lower exchange-to-participant latency associated with co-location. Accordingly, the exchange charging excessive fees would stand to lose not only co-location revenues but also the liquidity of the formerly co-located trading firms, which could have additional follow-on effects on the market share and revenue of the affected exchange. 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) \15\ of the Act and subparagraph (f)(2) of Rule 19b-4 \16\ thereunder, because it establishes a due, fee, or other charge imposed by the Exchange. --------------------------------------------------------------------------- \15\ 15 U.S.C. 78s(b)(3)(A). \16\ 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) \17\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \17\ 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-NYSE-2016-91 on the subject line. [[Page 1780]] 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-NYSE-2016-91. 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-NYSE-2016-91, and should be submitted on or before January 27, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\18\ --------------------------------------------------------------------------- \18\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2016-32038 Filed 1-5-17; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices 1777
number should be included on the SECURITIES AND EXCHANGE The Exchange has prepared summaries,
subject line if email is used. To help the COMMISSION set forth in sections A, B, and C below,
Commission process and review your of the most significant parts of such
[Release No. 34–79715; File No. SR–NYSE–
comments more efficiently, please use 2016–91]
statements.
only one method. The Commission will A. Self-Regulatory Organization’s
post all comments on the Commission’s Self-Regulatory Organizations; New Statement of the Purpose of, and
Internet Web site (http://www.sec.gov/ York Stock Exchange LLC; Notice of Statutory Basis for, the Proposed Rule
rules/sro.shtml). Copies of the Filing and Immediate Effectiveness of Change
submission, all subsequent Proposed Rule Change to Amend the
amendments, all written statements Exchange’s Price List to Modify the 1. Purpose
with respect to the proposed rule Fees Related to Four Bundles of Co- The Exchange proposes to amend the
change that are filed with the Location Services in Connection with Exchange’s Price List to modify the fees
Commission, and all written the Exchange’s Co-Location Services related to Partial Cabinet Solution
communications relating to the December 30, 2016.
bundles in connection with the
proposed rule change between the Exchange’s co-location services.4
Pursuant to Section 19(b)(1) 1 of the
Commission and any person, other than Currently, the Exchange offers Users 5
Securities Exchange Act of 1934 (the
those that may be withheld from the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 that purchase a Partial Cabinet Solution
public in accordance with the bundle on or before December 31, 2016
notice is hereby given that, on December
provisions of 5 U.S.C. 552, will be a 50% reduction in the monthly
19, 2016, New York Stock Exchange
available for Web site viewing and recurring charges (‘‘MRC’’) for the first
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
printing in the Commission’s Public 12 months.6 The Exchange now
with the Securities and Exchange
Reference Room, 100 F Street NE., Commission (the ‘‘Commission’’) the proposes to extend that 50% reduction
proposed rule change as described in until December 31, 2017. The Exchange
Washington, DC 20549 on official
Items I, II, and III below, which Items proposes to implement the fee changes
business days between the hours of
have been prepared by the self- effective January 1, 2017.
10:00 a.m. and 3:00 p.m. Copies of such The Exchange offers the four Partial
filing also will be available for regulatory organization. The
Commission is publishing this notice to Cabinet Solution bundles in order to
inspection and copying at the principal attract smaller Users, including those
office of the Exchange. All comments solicit comments on the proposed rule
change from interested persons. with minimal power or cabinet space
received will be posted without change; demands or those for which the costs
the Commission does not edit personal I. Self-Regulatory Organization’s attendant with having a dedicated
identifying information from Statement of the Terms of the Substance cabinet or greater network connection
submissions. You should submit only of the Proposed Rule Change bandwidth are too burdensome.7 Under
information that you wish to make The Exchange proposes to amend the the proposed change, such smaller
available publicly. All submissions Exchange’s Price List to modify the fees Users will be able to avail themselves of
should refer to File No. SR–NYSEArca– related to four bundles of co-location the reduction until December 31, 2017.
2016–168, and should be submitted on services (‘‘Partial Cabinet Solution Specifically, the Exchange proposes to
or before January 27, 2017. bundles’’) in connection with the modify its Price List so that it reads as
For the Commission, by the Division of Exchange’s co-location services. The follows:
Trading and Markets, pursuant to delegated Exchange proposes to implement the fee
4 The Exchange initially filed rule changes
authority.18 changes effective January 1, 2017. The
relating to its co-location services with the
Eduardo A. Aleman, proposed rule change is available on the Securities and Exchange Commission
Exchange’s Web site at www.nyse.com, (‘‘Commission’’) in 2010. See Securities Exchange
Assistant Secretary.
at the principal office of the Exchange, Act Release No. 62960 (Sept. 21, 2010), 75 FR 59310
[FR Doc. 2016–32039 Filed 1–5–17; 8:45 am] (Sept. 27, 2010) (SR–NYSE–2010–56) (the ‘‘Original
and at the Commission’s Public
BILLING CODE 8011–01–P Co-location Filing’’). The Exchange operates a data
Reference Room. center in Mahwah, New Jersey (the ‘‘data center’’)
from which it provides co-location services to
II. Self-Regulatory Organization’s Users.
Statement of the Purpose of, and 5 For purposes of the Exchange’s co-location
Statutory Basis for, the Proposed Rule services, a ‘‘User’’ means any market participant
Change that requests to receive co-location services directly
from the Exchange. See Securities Exchange Act
In its filing with the Commission, the Release No. 76008 (Sept. 29, 2015), 80 FR 60190
self-regulatory organization included (Oct. 5, 2015) (SR–NYSE–2015–40). As specified in
statements concerning the purpose of, the Price List, a User that incurs co-location fees for
a particular co-location service pursuant thereto
and basis for, the proposed rule change would not be subject to co-location fees for the
and discussed any comments it received same co-location service charged by the Exchange’s
on the proposed rule change. The text affiliates NYSE MKT LLC and NYSE Arca, Inc. See
of those statements may be examined at Securities Exchange Act Release No. 70206 (Aug.
15, 2013), 78 FR 51765 (Aug. 21, 2013) (SR–NYSE–
the places specified in Item IV below. 2013–59).
6 See Securities Exchange Act Release No. 77072
sradovich on DSK3GMQ082PROD with NOTICES
1 15 U.S.C. 78s(b)(1). (Feb. 5, 2016), 81 FR 7394 (Feb. 11, 2016) (SR–
2 15 U.S.C. 78a. NYSE–2015–53).
18 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. 7 See id at 7396.
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![1780 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices
Paper Comments County, Ill., and milepost 27.63 (Green’s Board decisions and notices are
• Send paper comments in triplicate Switch) near Decatur, Macon County, available on our Web site at
to Secretary, Securities and Exchange Ill., a distance of approximately 13 WWW.STB.GOV.
Commission, 100 F Street NE., miles (the Line). The Line is currently Decided: January 3, 2017.
Washington, DC 20549–1090. leased to and operated by Decatur By the Board, Rachel D. Campbell,
Junction Railway Co. (DJRC), which Director, Office of Proceedings.
All submissions should refer to File No. consents to the proposed change in
SR–NYSE–2016–91. This file number Raina S. Contee,
operators. DC will become a rail carrier
should be included on the subject line Clearance Clerk.
as a result of this transaction.
if email is used. To help the [FR Doc. 2017–00020 Filed 1–5–17; 8:45 am]
Commission process and review your DC describes itself as a joint venture
BILLING CODE 4915–01–P
comments more efficiently, please use between OmniTRAX Holdings
only one method. The Commission will Combined, Inc. and Topflight Grain
post all comments on the Commission’s Cooperative, Inc., which each own 50% SURFACE TRANSPORTATION BOARD
Internet Web site (http://www.sec.gov/ of DC. DJRC has agreed to relinquish to
DC, and DC has agreed to assume, the [Docket No. AB 55 (Sub-No. 769X)]
rules/sro.shtml). Copies of the
submission, all subsequent exclusive common carrier obligation
over the Line. CSX Transportation, Inc.—
amendments, all written statements Discontinuance of Service
with respect to the proposed rule DC states that the agreement by which
Exemption—in Boone County, W. Va.
change that are filed with the it will assume operations does not
Commission, and all written contain any provision that prohibits DC CSX Transportation, Inc. (CSXT), filed
communications relating to the from interchanging traffic with a third a verified notice of exemption under 49
proposed rule change between the party or limits DC’s ability to CFR pt. 1152 subpart F—Exempt
Commission and any person, other than interchange traffic with a third party Abandonments and Discontinuances of
those that may be withheld from the railroad. Service to discontinue service over an
public in accordance with the DC certifies that the proposed approximately 9.9-mile rail line on
provisions of 5 U.S.C. 552, will be transaction will not result in DC’s CSXT’s Southern Region, Florence
available for Web site viewing and becoming a Class II or Class I rail Division, Seth Subdivision, between
printing in the Commission’s Public carrier. DC will become a Class III milepost CLN 0.3 and milepost CLN
Reference Room, 100 F Street NE., carrier upon consummation of the 10.2 in Boone County, W. Va. (the Line).
Washington, DC 20549 on official proposed transaction, but the projected The Line traverses United States Postal
business days between the hours of annual revenue of DC will not exceed $5 Service Zip Code 25181. There is one
10:00 a.m. and 3:00 p.m. Copies of such million. Under 49 CFR 1150.32(b), a station on the Line, Prenter, located at
filing also will be available for change in operator requires that notice milepost CLN 10 (FSAC 82243/OPSL
inspection and copying at the principal be given to shippers. DC certifies that it 64790).1
office of the Exchange. All comments has provided notice of the proposed CSXT has certified that: (1) No local
received will be posted without change; change in operator to the only shipper traffic has moved over the Line for at
the Commission does not edit personal on the Line. least two years; (2) because the Line is
identifying information from The earliest this transaction can be not a through route, no overhead traffic
submissions. You should submit only consummated is January 21, 2017, the has operated, and, therefore, none needs
information that you wish to make effective date of the exemption.1 to be rerouted over other lines; (3) no
available publicly. All submissions formal complaint filed by a user of rail
If the verified notice contains false or
should refer to File No. SR–NYSE– service on the Line (or by a state or local
misleading information, the exemption
2016–91, and should be submitted on or government entity acting on behalf of
is void ab initio. Petitions to revoke the
before January 27, 2017. such user) regarding cessation of service
exemption under 49 U.S.C. 10502(d)
over the Line is pending either with the
For the Commission, by the Division of may be filed at any time. The filing of
Trading and Markets, pursuant to delegated Surface Transportation Board (Board) or
a petition to revoke will not
authority.18 with any U.S. District Court or has been
automatically stay the effectiveness of
Eduardo A. Aleman, decided in favor of complainant within
the exemption. Petitions for stay must
the two-year period; and (4) the
Assistant Secretary. be filed no later than January 13, 2017
requirements at 49 CFR 1105.12
[FR Doc. 2016–32038 Filed 1–5–17; 8:45 am] (at least seven days before the
(newspaper publication) and 49 CFR
BILLING CODE 8011–01–P exemption becomes effective).
1152.50(d)(1) (notice to governmental
An original and 10 copies of all agencies) have been met.
pleadings, referring to Docket No. FD As a condition to this exemption, any
SURFACE TRANSPORTATION BOARD 36080, must be filed with the Surface employee adversely affected by the
Transportation Board, 395 E Street SW., discontinuance of service shall be
[Docket No. FD 36080] Washington, DC 20423–0001. In protected under Oregon Short Line
addition, one copy of each pleading Railroad—Abandonment Portion
Decatur Central Railroad, L.L.C.— must be served on Karl Morell, Karl
Change in Operator Exemption— Goshen Branch Between Firth &
Morell & Associates, Suite 225, 655 Ammon, in Bingham & Bonneville
Decatur Junction Railway Co. Fifteenth Street NW., Washington, DC
sradovich on DSK3GMQ082PROD with NOTICES
Counties, Idaho, 360 I.C.C. 91 (1979). To
Decatur Central Railroad, L.L.C. (DC), 20005. address whether this condition
a noncarrier, has filed a verified notice adequately protects affected employees,
of exemption under 49 CFR 1150.31 to 1 DC filed its verified notice of exemption on
a petition for partial revocation under
assume operations of a rail line located December 8, 2016, and supplemented it by letter
filed on December 22, 2016. The date of DC’s 49 U.S.C. 10502(d) must be filed.
between milepost 14.22 in Cisco, Piatt supplement will be considered the filing date for
purposes of calculating the effective date of the 1 CSXT states that the Prenter station can be
18 17 CFR 200.30–3(a)(12). exemption. closed.
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Document Created: 2017-01-06 01:30:27
Document Modified: 2017-01-06 01:30:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 1777 |
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