82 FR 52349 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Amend the NYSE American Equities Price List and the NYSE American Options Fee 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 Range		52349-52350
FR Document		2017-24441
Federal Register, Volume 82 Issue 217 (Monday, November 13, 2017)
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52349-52350]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24441]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82021; File No. SR-NYSEAMER-2017-28]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Change To Amend the NYSE 
American Equities Price List and the NYSE American Options Fee 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 American LLC (``Exchange'' or 
``NYSE American'') 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE American Equities Price 
List (``Price List'') and the NYSE American Options Fee Schedule (``Fee 
Schedule'') 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 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 Price List and Fee Schedule 
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.
---------------------------------------------------------------------------

    \4\ The Exchange initially filed rule changes relating to its 
co-location services with the Commission in 2010. See Securities 
Exchange Act Release No. 62961 (September 21, 2010), 75 FR 59299 
(September 27, 2010) (SR-NYSEAmex-2010-80). The Exchange operates a 
data center in Mahwah, New Jersey (the ``data center'') from which 
it provides co-location services to Users.
---------------------------------------------------------------------------

    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 Price List and Fee 
Schedule, and includes the NYSE Global Index.\7\
---------------------------------------------------------------------------

    \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. 76009 (September 29, 2015), 80 FR 60213 
(October 5, 2015) (SR-NYSEMKT-2015-67). As specified in the Price 
List and Fee Schedule, 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 Arca, Inc. (``NYSE Arca'' and, together with NYSE LLC, the 
``Affiliate SROs''). See Securities Exchange Act Release No. 70176 
(August 13, 2013), 78 FR 50471 (August 19, 2013) (SR-NYSEMKT-2013-
67).
    \6\ See Securities Exchange Act Release No. 80309 (March 24, 
2017), 82 FR 15725 (March 30, 2017) (SR-NYSEMKT-2016-63).
    \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 15733.
---------------------------------------------------------------------------

    The name of NYSE Global Index is changing to ``ICE Data Global 
Index.'' The Exchange accordingly proposes to amend the Price List and 
Fee Schedule 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

[[Page 52350]]

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\
---------------------------------------------------------------------------

    \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 50471, supra note 5, at 50471. 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-
NYSEArca-2017-124.
---------------------------------------------------------------------------

    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 Price List and Fee Schedule 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-NYSEAMER-2017-28 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-NYSEAMER-2017-28. 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 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-NYSEAMER-2017-28 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\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24441 Filed 11-9-17; 8:45 am]
BILLING CODE 8011-01-P
52350 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices

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,
one charge for the particular co-location requirements, terms and conditions • Use the Commission’s Internet
service described herein, regardless of established from time to time by the comment form (http://www.sec.gov/
whether the User connects only to the Exchange. rules/sro.shtml); or
Exchange or to the Exchange and one or For these reasons, the Exchange • Send an email to rule-comments@
both the Affiliate SROs.9 believes that the proposal is consistent sec.gov. Please include File Number SR–
The proposed change is not otherwise with the Act. NYSEAMER–2017–28 on the subject
intended to address any other issues line.
relating to co-location services and/or B. Self-Regulatory Organization’s
Statement on Burden on Competition Paper Comments
related fees, and the Exchange is not
aware of any problems that Users would In accordance with Section 6(b)(8) of • Send paper comments in triplicate
have in complying with the proposed the Act,12 the Exchange believes that the to Secretary, Securities and Exchange
change. proposed rule change will not impose Commission, 100 F Street NE.,
any burden on competition that is not Washington, DC 20549–1090.
2. Statutory Basis
necessary or appropriate in furtherance All submissions should refer to File
The Exchange believes that the of the purposes of the Act because it is Number SR–NYSEAMER–2017–28. This
proposed rule change is consistent with solely intended to reflect the name file number should be included on the
Section 6(b) of the Act,10 in general, and change of ‘‘NYSE Global Index’’ to ‘‘ICE subject line if email is used. To help the
furthers the objectives of Sections Data Global Index.’’ No other change is Commission process and review your
6(b)(5) of the Act,11 in particular, proposed. comments more efficiently, please use
because it is designed to prevent only one method. The Commission will
fraudulent and manipulative acts and C. Self-Regulatory Organization’s post all comments on the Commission’s
practices, to promote just and equitable Statement on Comments on the Internet Web site (http://www.sec.gov/
principles of trade, to foster cooperation Proposed Rule Change Received From rules/sro.shtml). Copies of the
and coordination with persons engaged Members, Participants, or Others submission, all subsequent
in regulating, clearing, settling, No written comments were solicited amendments, all written statements
processing information with respect to, or received with respect to the proposed with respect to the proposed rule
and facilitating transactions in rule change. change that are filed with the
securities, to remove impediments to, Commission, and all written
and perfect the mechanisms of, a free III. Date of Effectiveness of the communications relating to the
and open market and a national market Proposed Rule Change and Timing for proposed rule change between the
system and, in general, to protect Commission Action Commission and any person, other than
investors and the public interest. The foregoing rule change is effective those that may be withheld from the
The non-substantive change proposed upon filing pursuant to Section public in accordance with the
is intended solely to reflect the name 19(b)(3)(A) 13 of the Act and provisions of 5 U.S.C. 552, will be
change of ‘‘NYSE Global Index’’ to ‘‘ICE subparagraph (f)(2) of Rule 19b–4 14 available for Web site viewing and
Data Global Index.’’ The proposed rule thereunder, because it establishes a due, printing in the Commission’s Public
change, therefore would remove fee, or other charge imposed by the Reference Room, 100 F Street NE.,
impediments to, and perfect the Exchange. Washington, DC 20549 on official
mechanisms of, a free and open market At any time within 60 days of the business days between the hours of
and a national market system and, in filing of such proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the
general, protect investors and the public
Commission summarily may filing also will be available for
interest because it would update the
temporarily suspend such rule change if inspection and copying at the principal
Price List and Fee Schedule to reflect
it appears to the Commission that such office of the Exchange. All comments
the name change, increasing the clarity
action is necessary or appropriate in the received will be posted without change.
and transparency of the Exchange’s
public interest, for the protection of Persons submitting comments are
rules.
investors, or otherwise in furtherance of cautioned that we do not redact or edit
8 As is currently the case, Users that receive co-
the purposes of the Act. If the personal identifying information from
location services from the Exchange will not receive Commission takes such action, the comment submissions. You should
any means of access to the Exchange’s trading and Commission shall institute proceedings submit only information that you wish
execution systems that is separate from, or superior under Section 19(b)(2)(B) 15 of the Act to to make available publicly. All
to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange’s trading and determine whether the proposed rule submissions should refer to File
execution systems through the same order gateway, change should be approved or Number SR–NYSEAMER–2017–28 and
regardless of whether the sender is co-located in the disapproved. should be submitted on or before
data center or not. In addition, co-located Users do December 4, 2017.
not receive any market data or data service product IV. Solicitation of Comments
that is not available to all Users, although Users that For the Commission, by the Division of
asabaliauskas on DSKBBXCHB2PROD with NOTICES

receive co-location services normally would expect Interested persons are invited to Trading and Markets, pursuant to delegated
reduced latencies in sending orders to, and submit written data, views, and authority.16
receiving market data from, the Exchange. arguments concerning the foregoing,
9 See 78 FR 50471, supra note 5, at 50471. The Eduardo A. Aleman,
Affiliate SROs have also submitted substantially the
including whether the proposed rule Assistant Secretary.
same proposed rule change to propose the changes [FR Doc. 2017–24441 Filed 11–9–17; 8:45 am]
12 15 U.S.C. 78f(b)(8).
described herein. See SR–NYSE–2017–55 and SR–
NYSEArca–2017–124. 13 15 U.S.C. 78s(b)(3)(A). BILLING CODE 8011–01–P
10 15 U.S.C. 78f(b). 14 17 CFR 240.19b–4(f)(2).
11 15 U.S.C. 78f(b)(5). 15 15 U.S.C. 78s(b)(2)(B). 16 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 18:38 Nov 09, 2017 Jkt 244001 PO 00000 Frm 00087 Fmt 4703 Sfmt 9990 E:\FR\FM\13NON1.SGM 13NON1
Document Created: 2017-11-10 01:17:55
Document Modified: 2017-11-10 01:17:55
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 52349