82_FR_52564 82 FR 52347 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Options Fees and Charges Schedule and the NYSE Arca Equities Fees and Charges Schedule Relating to Co-Location Services To Reflect the Name Change of a Third Party Data Feed

82 FR 52347 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Options Fees and Charges Schedule and the NYSE Arca Equities Fees and Charges Schedule Relating to Co-Location Services To Reflect the Name Change of a Third Party Data Feed

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 217 (November 13, 2017)

Page Range52347-52349
FR Document2017-24442

Federal Register, Volume 82 Issue 217 (Monday, November 13, 2017)
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52347-52349]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24442]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82016; File No. SR-NYSEARCA-2017-124]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE 
Arca Options Fees and Charges Schedule and the NYSE Arca Equities Fees 
and Charges Schedule Relating to Co-Location Services To Reflect the 
Name Change of a Third Party Data Feed

November 6, 2017.
    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 October 25, 2017, NYSE Arca, Inc. (``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission 
(``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Fees and 
Charges schedule and the NYSE Arca Equities Fees and Charges schedule 
(together, the ``Fee Schedules'') relating to co-location services to 
reflect the name change of a third party data feed. The Exchange 
proposes to implement the proposed change on November 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Fee Schedules relating to co-
location \4\ services to reflect the name change of a third party data 
feed. The Exchange proposes to implement the proposed change on 
November 1, 2017.
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    \4\ The Exchange initially filed rule changes relating to its 
co-location services with the Commission in 2010. See Securities 
Exchange Act Release No. 63275 (November 8, 2010), 75 FR 70048 
(November 16, 2010) (SR-NYSEArca-2010-100). The Exchange operates a 
data center in Mahwah, New Jersey (the ``data center'') from which 
it provides co-location services to Users.
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    The co-location services that the Exchange offers Users \5\ include 
connectivity to third party data feeds from third party markets and 
other content service providers (``Third Party Data Feeds'').\6\ The 
list of Third Party Data Feeds is set forth in the Fee Schedules, and 
includes the NYSE Global Index.\7\
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    \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. 76010 (September 29, 2015), 80 FR 60197 
(October 5, 2015) (SR-NYSEArca-2015-82). 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 New York Stock Exchange LLC (``NYSE LLC'') and 
NYSE American LLC (``NYSE American'' and, together with NYSE LLC, 
the ``Affiliate SROs''). See Securities Exchange Act Release No. 
70173 (August 13, 2013), 78 FR 50459 (August 19, 2013) (SR-NYSEArca-
2013-80).
    \6\ See Securities Exchange Act Release No. 80310 (March 24, 
2017), 82 FR 15763 (March 30, 2017) (SR-NYSEArca-2016-89).
    \7\ The NYSE Global Index feed includes index and exchange 
traded product valuations data, with data drawn from the Exchange, 
the Affiliate SROS, and third party exchanges. Because it includes 
third party data, the NYSE Global Index feed is considered a Third 
Party Data Feed. See id., at 15771.
---------------------------------------------------------------------------

    The name of NYSE Global Index is changing to ``ICE Data Global 
Index.''

[[Page 52348]]

The Exchange accordingly proposes to amend the Fee Schedules to reflect 
the change. The Exchange does not propose to change the applicable 
monthly recurring connectivity fee. The Exchange proposes the following 
changes:
     In the third sentence under ``Connectivity to Third Party 
Data Feeds,'' the reference to ``NYSE Global Index'' would be changed 
to ``ICE Data Global Index.''
     In the table under ``Connectivity to Third Party Data 
Feeds,'' the line listing ``NYSE Global Index'' and the related $100 
monthly recurring connectivity fee would be deleted, and a new line 
added, as follows (additions italicized):

------------------------------------------------------------------------
                                                       Monthly recurring
                                                        connectivity fee
                Third Party Data Feed                   per Third Party
                                                           Data Feed
------------------------------------------------------------------------
Global OTC...........................................               $100
ICE Data Global Index................................                100
ICE Data Services Consolidated Feed <= 100 Mb........                200
------------------------------------------------------------------------

General
    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; \8\ 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 the Affiliate 
SROs.\9\
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    \8\ 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.
    \9\ See 78 FR 50459, supra note 5, at 50459. The Affiliate SROs 
have also submitted substantially the same proposed rule change to 
propose the changes described herein. See SR-NYSE-2017-55 and SR-
NYSEAMER-2017-28.
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    The proposed change is not otherwise intended to address any other 
issues relating to co-location services and/or related fees, and the 
Exchange is not aware of any problems that Users would have in 
complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\10\ in general, and furthers the 
objectives of Sections 6(b)(5) of the Act,\11\ 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The non-substantive change proposed is intended solely to reflect 
the name change of ``NYSE Global Index'' to ``ICE Data Global Index.'' 
The proposed rule change, therefore would remove impediments to, and 
perfect the mechanisms of, a free and open market and a national market 
system and, in general, protect investors and the public interest 
because it would update the Fee Schedules to reflect the name change, 
increasing the clarity and transparency of the Exchange's rules.
    For the reasons above, the proposed changes would 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.
    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,\12\ 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 it is solely intended to reflect the name 
change of ``NYSE Global Index'' to ``ICE Data Global Index.'' No other 
change is proposed.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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) \13\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \14\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 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 Number SR-NYSEARCA-2017-124 on the subject line.

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 Number SR-NYSEARCA-2017-124. 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

[[Page 52349]]

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 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. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NYSEARCA-2017-124 and should be 
submitted on or before December 4, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24442 Filed 11-9-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices                                                   52347

                                                    the purposes of the Act. If the                            submissions should refer to File                      II. Self-Regulatory Organization’s
                                                    Commission takes such action, the                          Number SR–NYSE–2017–56, and                           Statement of the Purpose of, and
                                                    Commission shall institute proceedings                     should be submitted on or before                      Statutory Basis for, the Proposed Rule
                                                    under Section 19(b)(2)(B) 10 of the Act to                 December 4, 2017.                                     Change
                                                    determine whether the proposed rule                          For the Commission, by the Division of                 In its filing with the Commission, the
                                                    change should be approved or                               Trading and Markets, pursuant to delegated            self-regulatory organization included
                                                    disapproved.                                               authority.11                                          statements concerning the purpose of,
                                                    IV. Solicitation of Comments                               Eduardo A. Aleman,                                    and basis for, the proposed rule change
                                                      Interested persons are invited to                        Assistant Secretary.                                  and discussed any comments it received
                                                    submit written data, views, and                            [FR Doc. 2017–24440 Filed 11–9–17; 8:45 am]           on the proposed rule change. The text
                                                    arguments concerning the foregoing,                        BILLING CODE 8011–01–P                                of those statements may be examined at
                                                    including whether the proposed rule                                                                              the places specified in Item IV below.
                                                    change is consistent with the Act.                                                                               The Exchange has prepared summaries,
                                                    Comments may be submitted by any of                        SECURITIES AND EXCHANGE                               set forth in sections A, B, and C below,
                                                    the following methods:                                     COMMISSION                                            of the most significant parts of such
                                                                                                                                                                     statements.
                                                    Electronic Comments                                        [Release No. 34–82016; File No. SR–                   A. Self-Regulatory Organization’s
                                                      • Use the Commission’s Internet                          NYSEARCA–2017–124]                                    Statement of the Purpose of, and the
                                                    comment form (http://www.sec.gov/                                                                                Statutory Basis for, the Proposed Rule
                                                    rules/sro.shtml); or                                       Self-Regulatory Organizations; NYSE
                                                                                                                                                                     Change
                                                      • Send an email to rule-comments@                        Arca, Inc.; Notice of Filing and
                                                    sec.gov. Please include File Number SR–                    Immediate Effectiveness of Proposed                   1. Purpose
                                                    NYSE–2017–56 on the subject line.                          Rule Change To Amend the NYSE Arca                       The Exchange proposes to amend the
                                                                                                               Options Fees and Charges Schedule                     Fee Schedules relating to co-location 4
                                                    Paper Comments                                             and the NYSE Arca Equities Fees and                   services to reflect the name change of a
                                                       • Send paper comments in triplicate                     Charges Schedule Relating to Co-                      third party data feed. The Exchange
                                                    to Brent J. Fields, Secretary, Securities                  Location Services To Reflect the Name                 proposes to implement the proposed
                                                    and Exchange Commission, 100 F Street                      Change of a Third Party Data Feed                     change on November 1, 2017.
                                                    NE., Washington, DC 20549–1090.
                                                                                                               November 6, 2017.                                        The co-location services that the
                                                    All submissions should refer to File                                                                             Exchange offers Users 5 include
                                                    Number SR–NYSE–2017–56. This file                             Pursuant to Section 19(b)(1) 1 of the              connectivity to third party data feeds
                                                    number should be included on the                           Securities Exchange Act of 1934 (the                  from third party markets and other
                                                    subject line if email is used. To help the                 ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                content service providers (‘‘Third Party
                                                    Commission process and review your                         notice is hereby given that, on October               Data Feeds’’).6 The list of Third Party
                                                    comments more efficiently, please use                      25, 2017, NYSE Arca, Inc. (‘‘Exchange’’               Data Feeds is set forth in the Fee
                                                    only one method. The Commission will                       or ‘‘NYSE Arca’’) filed with the                      Schedules, and includes the NYSE
                                                    post all comments on the Commission’s                      Securities and Exchange Commission                    Global Index.7
                                                    Internet Web site (http://www.sec.gov/                     (‘‘Commission’’) the proposed rule                       The name of NYSE Global Index is
                                                    rules/sro.shtml). Copies of the                            change as described in Items I, II, and               changing to ‘‘ICE Data Global Index.’’
                                                    submission, all subsequent                                 III below, which Items have been
                                                    amendments, all written statements                         prepared by the self-regulatory                          4 The Exchange initially filed rule changes

                                                    with respect to the proposed rule                          organization. The Commission is                       relating to its co-location services with the
                                                    change that are filed with the                             publishing this notice to solicit                     Commission in 2010. See Securities Exchange Act
                                                                                                               comments on the proposed rule change                  Release No. 63275 (November 8, 2010), 75 FR 70048
                                                    Commission, and all written                                                                                      (November 16, 2010) (SR–NYSEArca–2010–100).
                                                    communications relating to the                             from interested persons.                              The Exchange operates a data center in Mahwah,
                                                    proposed rule change between the                                                                                 New Jersey (the ‘‘data center’’) from which it
                                                                                                               I. Self-Regulatory Organization’s                     provides co-location services to Users.
                                                    Commission and any person, other than
                                                                                                               Statement of the Terms of Substance of                   5 For purposes of the Exchange’s co-location
                                                    those that may be withheld from the
                                                                                                               the Proposed Rule Change                              services, a ‘‘User’’ means any market participant
                                                    public in accordance with the                                                                                    that requests to receive co-location services directly
                                                    provisions of 5 U.S.C. 552, will be                           The Exchange proposes to amend the                 from the Exchange. See Securities Exchange Act
                                                    available for Web site viewing and                         NYSE Arca Options Fees and Charges                    Release No. 76010 (September 29, 2015), 80 FR
                                                    printing in the Commission’s Public                                                                              60197 (October 5, 2015) (SR–NYSEArca–2015–82).
                                                                                                               schedule and the NYSE Arca Equities                   As specified in the Price List, a User that incurs co-
                                                    Reference Room, 100 F Street NE.,                          Fees and Charges schedule (together, the              location fees for a particular co-location service
                                                    Washington, DC 20549 on official                           ‘‘Fee Schedules’’) relating to co-location            pursuant thereto would not be subject to co-location
                                                    business days between the hours of                         services to reflect the name change of a              fees for the same co-location service charged by the
                                                    10:00 a.m. and 3:00 p.m. Copies of such                                                                          Exchange’s affiliates New York Stock Exchange LLC
                                                                                                               third party data feed. The Exchange                   (‘‘NYSE LLC’’) and NYSE American LLC (‘‘NYSE
                                                    filing also will be available for                          proposes to implement the proposed                    American’’ and, together with NYSE LLC, the
                                                    inspection and copying at the principal                    change on November 1, 2017. The                       ‘‘Affiliate SROs’’). See Securities Exchange Act
                                                    office of the Exchange. All comments                       proposed rule change is available on the              Release No. 70173 (August 13, 2013), 78 FR 50459
                                                                                                                                                                     (August 19, 2013) (SR–NYSEArca–2013–80).
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    received will be posted without change.                    Exchange’s Web site at www.nyse.com,                     6 See Securities Exchange Act Release No. 80310
                                                    Persons submitting comments are                            at the principal office of the Exchange,              (March 24, 2017), 82 FR 15763 (March 30, 2017)
                                                    cautioned that we do not redact or edit                    and at the Commission’s Public                        (SR–NYSEArca–2016–89).
                                                    personal identifying information from                      Reference Room.                                          7 The NYSE Global Index feed includes index and

                                                    comment submissions. You should                                                                                  exchange traded product valuations data, with data
                                                    submit only information that you wish                        11 17
                                                                                                                                                                     drawn from the Exchange, the Affiliate SROS, and
                                                                                                                       CFR 200.30–3(a)(12).                          third party exchanges. Because it includes third
                                                    to make available publicly. All                              1 15 U.S.C. 78s(b)(1).                              party data, the NYSE Global Index feed is
                                                                                                                 2 15 U.S.C. 78a.
                                                                                                                                                                     considered a Third Party Data Feed. See id., at
                                                      10 15   U.S.C. 78s(b)(2)(B).                               3 17 CFR 240.19b–4.                                 15771.



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                                                    52348                        Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices

                                                    The Exchange accordingly proposes to                       related fees, and the Exchange is not                C. Self-Regulatory Organization’s
                                                    amend the Fee Schedules to reflect the                     aware of any problems that Users would               Statement on Comments on the
                                                    change. The Exchange does not propose                      have in complying with the proposed                  Proposed Rule Change Received From
                                                    to change the applicable monthly                           change.                                              Members, Participants, or Others
                                                    recurring connectivity fee. The                                                                                   No written comments were solicited
                                                    Exchange proposes the following                            2. Statutory Basis
                                                                                                                                                                    or received with respect to the proposed
                                                    changes:                                                  The Exchange believes that the                        rule change.
                                                       • In the third sentence under
                                                                                                           proposed rule change is consistent with                  III. Date of Effectiveness of the
                                                    ‘‘Connectivity to Third Party Data
                                                    Feeds,’’ the reference to ‘‘NYSE Global                Section 6(b) of the Act,10 in general, and               Proposed Rule Change and Timing for
                                                    Index’’ would be changed to ‘‘ICE Data                 furthers the objectives of Sections                      Commission Action
                                                    Global Index.’’                                        6(b)(5) of the Act,11 in particular,
                                                                                                                                                                       The foregoing rule change is effective
                                                       • In the table under ‘‘Connectivity to              because it is designed to prevent
                                                                                                                                                                    upon filing pursuant to Section
                                                    Third Party Data Feeds,’’ the line listing             fraudulent and manipulative acts and                     19(b)(3)(A) 13 of the Act and
                                                    ‘‘NYSE Global Index’’ and the related                  practices, to promote just and equitable                 subparagraph (f)(2) of Rule 19b–4 14
                                                    $100 monthly recurring connectivity fee                principles of trade, to foster cooperation               thereunder, because it establishes a due,
                                                    would be deleted, and a new line added,                and coordination with persons engaged                    fee, or other charge imposed by the
                                                    as follows (additions italicized):                     in regulating, clearing, settling,                       Exchange.
                                                                                                           processing information with respect to,                     At any time within 60 days of the
                                                                                             Monthly       and facilitating transactions in                         filing of such proposed rule change, the
                                                                                            recurring      securities, to remove impediments to,
                                                      Third Party Data Feed              connectivity fee                                                           Commission summarily may
                                                                                         per Third Party   and perfect the mechanisms of, a free                    temporarily suspend such rule change if
                                                                                           Data Feed       and open market and a national market                    it appears to the Commission that such
                                                                                                           system and, in general, to protect                       action is necessary or appropriate in the
                                                    Global OTC .....................                  $100 investors and the public interest.                       public interest, for the protection of
                                                    ICE Data Global Index ...                          100                                                          investors, or otherwise in furtherance of
                                                    ICE Data Services Con-                                    The non-substantive change proposed
                                                      solidated Feed ≤ 100
                                                                                                                                                                    the purposes of the Act. If the
                                                                                                           is intended solely to reflect the name
                                                      Mb ...............................               200 change of ‘‘NYSE Global Index’’ to ‘‘ICE                 Commission takes such action, the
                                                                                                                                                                    Commission shall institute proceedings
                                                                                                           Data Global Index.’’ The proposed rule
                                                    General                                                                                                         under Section 19(b)(2)(B) 15 of the Act to
                                                                                                           change, therefore would remove
                                                                                                                                                                    determine whether the proposed rule
                                                       As is the case with all Exchange co-                impediments to, and perfect the                          change should be approved or
                                                    location arrangements, (i) neither a User mechanisms of, a free and open market                                 disapproved.
                                                    nor any of the User’s customers would                  and a national market system and, in
                                                    be permitted to submit orders directly to general, protect investors and the public                             IV. Solicitation of Comments
                                                    the Exchange unless such User or                       interest because it would update the Fee                   Interested persons are invited to
                                                    customer is a member organization, a                   Schedules to reflect the name change,                    submit written data, views, and
                                                    Sponsored Participant or an agent                      increasing the clarity and transparency                  arguments concerning the foregoing,
                                                    thereof (e.g., a service bureau providing              of the Exchange’s rules.                                 including whether the proposed rule
                                                    order entry services); (ii) use of the co-                For the reasons above, the proposed                   change is consistent with the Act.
                                                    location services proposed herein would changes would not unfairly discriminate                                 Comments may be submitted by any of
                                                    be completely voluntary and available                  between or among market participants                     the following methods:
                                                    to all Users on a non-discriminatory
                                                                                                           that are otherwise capable of satisfying                 Electronic Comments
                                                    basis; 8 and (iii) a User would only incur
                                                                                                           any applicable co-location fees,                            • Use the Commission’s Internet
                                                    one charge for the particular co-location
                                                                                                           requirements, terms and conditions                       comment form (http://www.sec.gov/
                                                    service described herein, regardless of
                                                                                                           established from time to time by the                     rules/sro.shtml); or
                                                    whether the User connects only to the
                                                    Exchange or to the Exchange and one or Exchange.                                                                   • Send an email to rule-comments@
                                                    both the Affiliate SROs.9                                 For these reasons, the Exchange                       sec.gov. Please include File Number SR–
                                                       The proposed change is not otherwise believes that the proposal is consistent                                NYSEARCA–2017–124 on the subject
                                                    intended to address any other issues                   with the Act.                                            line.
                                                    relating to co-location services and/or                                                                         Paper Comments
                                                                                                           B. Self-Regulatory Organization’s
                                                      8 As is currently the case, Users that receive co-   Statement on Burden on Competition                         • Send paper comments in triplicate
                                                    location services from the Exchange will not receive                                                            to Secretary, Securities and Exchange
                                                    any means of access to the Exchange’s trading and            In accordance with Section 6(b)(8) of              Commission, 100 F Street NE.,
                                                    execution systems that is separate from, or superior       the Act,12 the Exchange believes that the            Washington, DC 20549–1090.
                                                    to, that of other Users. In this regard, all orders sent   proposed rule change will not impose
                                                    to the Exchange enter the Exchange’s trading and                                                                All submissions should refer to File
                                                    execution systems through the same order gateway,
                                                                                                               any burden on competition that is not                Number SR–NYSEARCA–2017–124.
                                                    regardless of whether the sender is co-located in the      necessary or appropriate in furtherance              This file number should be included on
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    data center or not. In addition, co-located Users do       of the purposes of the Act because it is             the subject line if email is used. To help
                                                    not receive any market data or data service product        solely intended to reflect the name
                                                    that is not available to all Users, although Users that                                                         the Commission process and review
                                                    receive co-location services normally would expect         change of ‘‘NYSE Global Index’’ to ‘‘ICE             your comments more efficiently, please
                                                    reduced latencies in sending orders to, and                Data Global Index.’’ No other change is              use only one method. The Commission
                                                    receiving market data from, the Exchange.                  proposed.
                                                      9 See 78 FR 50459, supra note 5, at 50459. The
                                                                                                                                                                    will post all comments on the
                                                    Affiliate SROs have also submitted substantially the
                                                                                                                10 15 U.S.C. 78f(b).                                  13 15 U.S.C. 78s(b)(3)(A).
                                                    same proposed rule change to propose the changes
                                                                                                                11 15 U.S.C. 78f(b)(5).                               14 17 CFR 240.19b–4(f)(2).
                                                    described herein. See SR–NYSE–2017–55 and SR–
                                                    NYSEAMER–2017–28.                                           12 15 U.S.C. 78f(b)(8).                               15 15 U.S.C. 78s(b)(2)(B).




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                                                                               Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices                                                             52349

                                                    Commission’s Internet Web site (http://                 with the Securities and Exchange                         connectivity to third party data feeds
                                                    www.sec.gov/rules/sro.shtml). Copies of                 Commission (‘‘Commission’’) the                          from third party markets and other
                                                    the submission, all subsequent                          proposed rule change as described in                     content service providers (‘‘Third Party
                                                    amendments, all written statements                      Items I, II, and III below, which Items                  Data Feeds’’).6 The list of Third Party
                                                    with respect to the proposed rule                       have been prepared by the self-                          Data Feeds is set forth in the Price List
                                                    change that are filed with the                          regulatory organization. The                             and Fee Schedule, and includes the
                                                    Commission, and all written                             Commission is publishing this notice to                  NYSE Global Index.7
                                                    communications relating to the                          solicit comments on the proposed rule                       The name of NYSE Global Index is
                                                    proposed rule change between the                        change from interested persons.                          changing to ‘‘ICE Data Global Index.’’
                                                    Commission and any person, other than                                                                            The Exchange accordingly proposes to
                                                    those that may be withheld from the                     I. Self-Regulatory Organization’s                        amend the Price List and Fee Schedule
                                                    public in accordance with the                           Statement of the Terms of Substance of                   to reflect the change. The Exchange does
                                                    provisions of 5 U.S.C. 552, will be                     the Proposed Rule Change                                 not propose to change the applicable
                                                    available for Web site viewing and                         The Exchange proposes to amend the                    monthly recurring connectivity fee. The
                                                    printing in the Commission’s Public                     NYSE American Equities Price List                        Exchange proposes the following
                                                    Reference Room, 100 F Street NE.,                       (‘‘Price List’’) and the NYSE American                   changes:
                                                    Washington, DC 20549 on official                        Options Fee Schedule (‘‘Fee Schedule’’)                     • In the third sentence under
                                                    business days between the hours of                      relating to co-location services to reflect              ‘‘Connectivity to Third Party Data
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  the name change of a third party data                    Feeds,’’ the reference to ‘‘NYSE Global
                                                    filing also will be available for                       feed. The Exchange proposes to                           Index’’ would be changed to ‘‘ICE Data
                                                    inspection and copying at the principal                 implement the proposed change on                         Global Index.’’
                                                    office of the Exchange. All comments                    November 1, 2017. The proposed                              • In the table under ‘‘Connectivity to
                                                    received will be posted without change.                 change is available on the Exchange’s                    Third Party Data Feeds,’’ the line listing
                                                    Persons submitting comments are                         Web site at www.nyse.com, at the                         ‘‘NYSE Global Index’’ and the related
                                                    cautioned that we do not redact or edit                 principal office of the Exchange, and at                 $100 monthly recurring connectivity fee
                                                    personal identifying information from                   the Commission’s Public Reference                        would be deleted, and a new line added,
                                                    comment submissions. You should                         Room.                                                    as follows (additions italicized):
                                                    submit only information that you wish
                                                    to make available publicly. All                         II. Self-Regulatory Organization’s
                                                    submissions should refer to File                        Statement of the Purpose of, and
                                                    Number SR–NYSEARCA–2017–124 and                         Statutory Basis for, the Proposed Rule                                                          Monthly recurring
                                                                                                            Change                                                                                          connectivity fee
                                                    should be submitted on or before                                                                                   Third Party Data Feed                 per Third Party
                                                    December 4, 2017.                                         In its filing with the Commission, the                                                           Data Feed
                                                      For the Commission, by the Division of                self-regulatory organization included
                                                    Trading and Markets, pursuant to delegated              statements concerning the purpose of,                    Global OTC .....................                   $100
                                                    authority.16                                                                                                     ICE Data Global Index ...                           100
                                                                                                            and basis for, the proposed rule change
                                                                                                                                                                     ICE Data Services Con-
                                                    Eduardo A. Aleman,                                      and discussed any comments it received                     solidated Feed ≤ 100
                                                    Assistant Secretary.                                    on the proposed rule change. The text                      Mb ...............................                 200
                                                    [FR Doc. 2017–24442 Filed 11–9–17; 8:45 am]             of those statements may be examined at
                                                    BILLING CODE 8011–01–P                                  the places specified in Item IV below.                   General
                                                                                                            The Exchange has prepared summaries,
                                                                                                            set forth in sections A, B, and C below,                   As is the case with all Exchange co-
                                                                                                            of the most significant parts of such                    location arrangements, (i) neither a User
                                                    SECURITIES AND EXCHANGE
                                                    COMMISSION                                              statements.                                              nor any of the User’s customers would
                                                                                                                                                                     be permitted to submit orders directly to
                                                    [Release No. 34–82021; File No. SR–                     A. Self-Regulatory Organization’s                        the Exchange unless such User or
                                                    NYSEAMER–2017–28]                                       Statement of the Purpose of, and the                     customer is a member organization, a
                                                                                                            Statutory Basis for, the Proposed Rule                   Sponsored Participant or an agent
                                                    Self-Regulatory Organizations; NYSE                     Change                                                   thereof (e.g., a service bureau providing
                                                    American LLC; Notice of Filing and
                                                    Immediate Effectiveness of Proposed                     1. Purpose
                                                                                                                                                                     from the Exchange. See Securities Exchange Act
                                                    Change To Amend the NYSE American                         The Exchange proposes to amend the                     Release No. 76009 (September 29, 2015), 80 FR
                                                    Equities Price List and the NYSE                        Price List and Fee Schedule relating to                  60213 (October 5, 2015) (SR–NYSEMKT–2015–67).
                                                    American Options Fee Schedule                                                                                    As specified in the Price List and Fee Schedule, a
                                                                                                            co-location 4 services to reflect the name               User that incurs co-location fees for a particular co-
                                                    Relating to Co-Location Services To                     change of a third party data feed. The                   location service pursuant thereto would not be
                                                    Reflect the Name Change of a Third                      Exchange proposes to implement the                       subject to co-location fees for the same co-location
                                                    Party Data Feed                                         proposed change on November 1, 2017.                     service charged by the Exchange’s affiliates New
                                                                                                                                                                     York Stock Exchange LLC (‘‘NYSE LLC’’) and NYSE
                                                    November 6, 2017.                                         The co-location services that the                      Arca, Inc. (‘‘NYSE Arca’’ and, together with NYSE
                                                       Pursuant to Section 19(b)(1) 1 of the                Exchange offers Users 5 include                          LLC, the ‘‘Affiliate SROs’’). See Securities Exchange
                                                                                                                                                                     Act Release No. 70176 (August 13, 2013), 78 FR
                                                    Securities Exchange Act of 1934 (the                                                                             50471 (August 19, 2013) (SR–NYSEMKT–2013–67).
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                              4 The Exchange initially filed rule changes
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  relating to its co-location services with the               6 See Securities Exchange Act Release No. 80309
                                                    notice is hereby given that, on October                 Commission in 2010. See Securities Exchange Act          (March 24, 2017), 82 FR 15725 (March 30, 2017)
                                                    25, 2017, NYSE American LLC                             Release No. 62961 (September 21, 2010), 75 FR            (SR–NYSEMKT–2016–63).
                                                    (‘‘Exchange’’ or ‘‘NYSE American’’) filed               59299 (September 27, 2010) (SR–NYSEAmex–2010–               7 The NYSE Global Index feed includes index and
                                                                                                            80). The Exchange operates a data center in              exchange traded product valuations data, with data
                                                                                                            Mahwah, New Jersey (the ‘‘data center’’) from            drawn from the Exchange, the Affiliate SROS, and
                                                      16 17 CFR 200.30–3(a)(12).                            which it provides co-location services to Users.         third party exchanges. Because it includes third
                                                      1 15 U.S.C. 78s(b)(1).                                  5 For purposes of the Exchange’s co-location           party data, the NYSE Global Index feed is
                                                      2 15 U.S.C. 78a.
                                                                                                            services, a ‘‘User’’ means any market participant        considered a Third Party Data Feed. See id., at
                                                      3 17 CFR 240.19b–4.                                   that requests to receive co-location services directly   15733.



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Document Created: 2017-11-10 01:18:05
Document Modified: 2017-11-10 01:18:05
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 Citation82 FR 52347 

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