83_FR_26441 83 FR 26332 - Self-Regulatory Organizations; NYSE National, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish the NYSE National BBO, NYSE National Trades and NYSE National Integrated Feed Market Data Feeds

83 FR 26332 - Self-Regulatory Organizations; NYSE National, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish the NYSE National BBO, NYSE National Trades and NYSE National Integrated Feed Market Data Feeds

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 109 (June 6, 2018)

Page Range26332-26335
FR Document2018-12110

Federal Register, Volume 83 Issue 109 (Wednesday, June 6, 2018)
[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Pages 26332-26335]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12110]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83350; File No. SR-NYSENAT-2018-09]


Self-Regulatory Organizations; NYSE National, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Establish 
the NYSE National BBO, NYSE National Trades and NYSE National 
Integrated Feed Market Data Feeds

May 31, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on May 18, 2018, NYSE National, Inc. (the ``Exchange'' or ``NYSE 
National'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 establish the NYSE National BBO (``NYSE 
National BBO''), NYSE National Trades (``NYSE National Trades'') and 
NYSE National Integrated Feed (``NYSE National Integrated Feed'') 
market data feeds. The proposed rule change is available on the 
Exchange's website 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.

[[Page 26333]]

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 establish NYSE National BBO, NYSE National 
Trades and NYSE National Integrated Feed (``NYSE National Market Data 
Feeds'').
NYSE National BBO
    NYSE National BBO is a NYSE National-only market data feed that 
provides vendors and subscribers on a real-time basis with the same 
best-bid-and-offer information that NYSE National reports under the 
Consolidated Quotation Plan (``CQ Plan'') and the Plan Governing the 
Collection, Consolidation, and Dissemination of Quotation and 
Transaction Information for Nasdaq-Listed Securities Traded on 
Exchanges on an Unlisted Trading Privilege Basis (``OTC UTP Plan''). 
NYSE National BBO would include the best bids and offers (``NYSE 
National BBO Information'') for all securities that are traded on the 
Exchange. NYSE National will make the NYSE National BBO available over 
a single data feed, regardless of the markets on which the securities 
are listed.
    NYSE National BBO would allow vendors, broker-dealers, and others 
(``NYSE National Vendors'') to consume and make available NYSE National 
BBO Information on a real-time basis. NYSE National Vendors may 
distribute the NYSE National BBO to both professional and non-
professional subscribers. The Exchange would make NYSE National BBO 
Information available through the NYSE National BBO data feed no 
earlier than it makes that information available to the processor under 
the CQ Plan or the OTC UTP Plan, as applicable.
NYSE National Trades
    NYSE National Trades is a NYSE National-only market data feed that 
provides vendors and subscribers on a real-time basis with the same 
last sale information that NYSE National reports under the Consolidated 
Tape Association Plan (``CTA Plan'') and the OTC UTP Plan for inclusion 
in the consolidated feeds. NYSE National Trades would include the real-
time last sale price, time and size information (``NYSE National Last 
Sale Information'') for all securities that are traded on the Exchange. 
NYSE National will make the NYSE National Trades available over a 
single data feed, regardless of the markets on which the securities are 
listed.
    NYSE National Trades would allow NYSE National Vendors to consume 
and make available NYSE National Last Sale Information on a real-time 
basis. NYSE National Vendors may distribute the NYSE National Trades to 
both professional and non-professional subscribers. The Exchange would 
make NYSE National Last Sale Information available through the NYSE 
National Trades data feed no earlier than it makes that information 
available to the processor under the CTA Plan or the OTC UTP Plan, as 
applicable. In addition to the information that the Exchange provides 
to the processor, NYSE National Last Sale Information will also include 
a unique sequence number that the Exchange assigns to each trade and 
that allows an investor to track the context of a trade through other 
Exchange market data products.
NYSE National Integrated Feed
    NYSE National Integrated Feed is a NYSE National-only market data 
feed that would provide vendors and subscribers on a real-time basis 
with a unified view of events, in sequence, as they appear on the NYSE 
National matching engines. The NYSE National Integrated Feed would 
include depth of book order data, last sale data, and security status 
updates (e.g., trade corrections and trading halts) and stock summary 
messages. The stock summary message would update every minute and would 
include NYSE National's opening price, high price, low price, closing 
price, and cumulative volume for a security. The NYSE National 
Integrated Feed would include information available to vendors and 
subscribers of NYSE National Trades, a service that would make 
available NYSE National last sale information on a real-time basis.
    Offering an integrated product addresses requests received from 
vendors and subscribers that would like to receive the data described 
above in an integrated fashion. An integrated data feed would provide 
greater efficiencies and reduce errors for vendors and subscribers that 
currently choose to integrate the data after receiving it from the 
Exchange. The Exchange believes that providing vendors and subscribers 
with the option of a market data product that both integrates existing 
products and includes additional market data would allow vendors and 
subscribers to choose the best solution for their specific businesses.
    The Exchange proposes to offer the NYSE National Market Data Feeds 
through the Exchange's Liquidity Center Network (``LCN''), a local area 
network in the Exchange's Mahwah, New Jersey data center that is 
available to users of the Exchange's co-location services. The Exchange 
would also offer the NYSE National Market Data Feeds through the 
Exchange's Secure Financial Transaction Infrastructure (``SFTI'') 
network, through which all other users and members access the 
Exchange's trading and execution systems and other proprietary market 
data products.
    At this time, the Exchange does not intend to charge any fees 
associated with the receipt of NYSE National BBO, NYSE National Trades 
or NYSE National Integrated Feed. The Exchange will submit a proposed 
rule change to the Commission should it determine to charge fees 
associated with the receipt of NYSE National BBO, NYSE National Trades 
or NYSE National Integrated Feed. The Exchange will announce the date 
that the NYSE National Market Data Feeds would be available through a 
NYSE National Market Data Notice.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act (``Act''),\3\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\4\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system and, 
in general, to protect investors and the public interest, and it is not 
designed to permit unfair discrimination among customers, brokers, or 
dealers. This proposal is in keeping with those principles in that it 
promotes increased transparency through the dissemination of the NYSE 
National Market Data Feeds to those interested in receiving it.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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    The Exchange also believes this proposal is consistent with Section 
6(b)(5) of the Act because it protects investors and the public 
interest and promotes just and equitable principles of trade by 
providing investors with new options for receiving market data as 
requested by market data vendors and purchasers. The proposed rule 
change would benefit investors by facilitating their prompt access to 
the real-time information contained in the NYSE National Market Data 
Feeds.
    In adopting Regulation NMS, the Commission granted self-regulatory 
organizations (``SROs'') and broker

[[Page 26334]]

dealers increased authority and flexibility to offer new and unique 
market data to consumers of such data. It was believed that this 
authority would expand the amount of data available to users and 
consumers of such data and also spur innovation and competition for the 
provision of market data. The Exchange believes that the NYSE National 
Market Data Feeds are precisely the sort of market data products that 
the Commission envisioned when it adopted Regulation NMS. The 
Commission concluded that Regulation NMS would itself further the Act's 
goals of facilitating efficiency and competition:
    Efficiency is promoted when broker-dealers who do not need the data 
beyond the prices, sizes, market center identifications of the NBBO and 
consolidated last sale information are not required to receive (and pay 
for) such data. The Commission also believes that efficiency is 
promoted when broker-dealers may choose to receive (and pay for) 
additional market data based on their own internal analysis of the need 
for such data.\5\
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    \5\ See Securities Exchange Act Release No. 51808 (June 9, 
2005), 70 FR 37496 (June 29, 2005) (Regulation NMS Adopting 
Release).
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    The Exchange further notes that the existence of alternatives to 
the Exchange's product, including real-time consolidated data, free 
delayed consolidated data, and proprietary data from other sources, as 
well as the continued availability of the Exchange's separate data 
feeds, ensures that the Exchange is not unreasonably discriminatory 
because vendors and subscribers can elect these alternatives as their 
individual business cases warrant.
    The NYSE National Market Data Feeds will help to protect a free and 
open market by providing additional data to the marketplace and by 
giving investors greater choices. In addition, the proposal would not 
permit unfair discrimination because the products will be available to 
all of the Exchange's customers and broker-dealers through both the LCN 
and SFTI.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\6\ the Exchange does 
not believe that the proposed rule change will impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. Because other exchanges already offer similar 
products, the Exchange's proposed NYSE National Market Data Feeds will 
enhance competition. For example, NYSE National BBO would provide an 
alternative to NYSE Arca BBO,\7\ offered by the Exchange's affiliate, 
NYSE Arca, Inc. (``NYSE Arca''), Nasdaq Basic,\8\ offered by The Nasdaq 
Stock Market, Inc. (``Nasdaq''), and Cboe Top,\9\ offered by Cboe 
Global Markets, Inc. (``Cboe''). Additionally, NYSE National Trades 
would provide an alternative to NYSE Arca Trades,\10\ offered by NYSE 
Arca, Nasdaq Basic,\11\ offered by Nasdaq, and Cboe Last Sale,\12\ 
offered by Cboe. Finally, NYSE National Integrated Feed would provide 
an alternative to NYSE Arca Integrated Feed,\13\ offered by NYSE Arca, 
Nasdaq TotalView-Itch,\14\ offered by Nasdaq, and Cboe Depth,\15\ 
offered by Cboe.
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    \6\ 15 U.S.C. 78f(b)(8).
    \7\ See NYSE Arca BBO, https://www.nyse.com/market-data/real-time/bbo (provides best bid/ask quotations for all traded 
securities).
    \8\ See Nasdaq Basic, http://www.nasdaqtrader.com/Trader.aspx?id=nasdaqbasic (provides Best Bid and Offer and Last 
Sale Information).
    \9\ See Cboe Top, https://markets.cboe.com/us/equities/market_data_products/ (provides real-time top-of-book quotations, 
matched trade price, volume and execution time).
    \10\ See NYSE Arca Trades, https://www.nyse.com/market-data/real-time/trades (provides real-time Last Sale information for all 
traded securities).
    \11\ See Nasdaq Basic, http://www.nasdaqtrader.com/Trader.aspx?id=nasdaqbasic (provides Best Bid and Offer and Last 
Sale Information).
    \12\ See Cboe Last Sale, https://markets.cboe.com/us/equities/market_data_products/. (provides real-time matched trade price, 
volume and execution time).
    \13\ See NYSE Arca Integrated Feed, https://www.nyse.com/market-data/real-time/integrated-feed (provides a comprehensive order-by-
order view of events in the equities market, including depth of 
book, trades, order imbalance data, and security status messages).
    \14\ See Nasdaq TotalView-ITCH, http://www.nasdaqtrader.com/Trader.aspx?id=Totalview2 (displays the full order book depth for 
Nasdaq market participants and also disseminates the Net Order 
Imbalance Indicator (NOII) for the Nasdaq Opening and Closing 
Crosses and Nasdaq IPO/Halt Cross).
    \15\ See Cboe Depth, https://markets.cboe.com/us/equities/market_data_products/ (provides real-time, depth-of-book quotations 
and execution information).
---------------------------------------------------------------------------

    The NYSE National Market Data Feeds provide investors with new 
options for receiving market data, which was a primary goal of the 
market data amendments

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \16\ and Rule 19b-4(f)(6) thereunder.\17\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest; provided that the SRO has given the 
Commission written notice of its intent to file the proposed rule 
change, along with a brief description and text of the proposed rule 
change, at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as the designated by the 
Commission, the proposed rule change has become effective pursuant to 
Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.
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    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \18\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\19\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive both the five day pre-filing requirement and 
the 30-day operative delay so that the proposal may become operative 
immediately upon filing. The Exchange stated its belief such waivers 
would be consistent with the protection of investors and the public 
interest because the waiver of the pre-filing requirement and the 
operative delay would allow the Exchange to provide the NYSE National 
Market Data Feeds immediately upon launch of NYSE National. The 
Commission grants the Exchange's request for waivers of the pre-filing 
requirement and the operative delay \20\ because the waivers would 
permit the Exchange to begin offering its proprietary market data 
products, which would be comparable to those offered by other 
exchanges, to interested market

[[Page 26335]]

participants concurrent with the re-launch of the Exchange.
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    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ In considering the Exchange's request to waive the 
requirement of the 30-day operative delay, the Commission has 
considered, in addition to the protection of investors, the impact 
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) of the Act \21\ to determine whether the proposed 
rule change should be approved or disapproved.
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    \21\ 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-NYSENAT-2018-09 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE, 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSENAT-2018-09. 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 website (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 website 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-NYSENAT-2018-09 and should be submitted 
on or before June 27, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12110 Filed 6-5-18; 8:45 am]
BILLING CODE 8011-01-P



                                               26332                         Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices

                                               100 F Street NE, Washington, DC                           For the Commission by the Division of                        SECURITIES AND EXCHANGE
                                               20549–7010 or by email to                               Trading and Markets pursuant to delegated                      COMMISSION
                                               tradingandmarkets@sec.gov with the                      authority.4
                                               phrase ‘‘Order Cancelling Transfer                      Eduardo A. Aleman,
                                                                                                                                                                      [Release No. 34–83350; File No. SR–
                                               Agent Registration’’ in the subject line.               Assistant Secretary.                                           NYSENAT–2018–09]
                                               Background                                              Appendix
                                                                                                                                                                    Self-Regulatory Organizations; NYSE
                                                 Section 17A(c)(4)(B) of the Act                                                                                    National, Inc.; Notice of Filing and
                                               provides that if the Commission finds                         Transfer agent name                       File number  Immediate Effectiveness of Proposed
                                               that any transfer agent registered with                                                                              Rule Change To Establish the NYSE
                                                                                                       AG Transfer Agency LLC .....                       084–06306 National BBO, NYSE National Trades
                                               the Commission is no longer in
                                                                                                       Allied Stock Transfer, Inc. ....                   084–06171
                                               existence or has ceased to do business                                                                               and NYSE National Integrated Feed
                                                                                                       AlphaMetrix, LLC ..................                084–06327
                                               as a transfer agent, the Commission                                                                                  Market Data Feeds
                                                                                                       Baron Capital Transfer &
                                               shall by order cancel that transfer                        Registrar LLC ....................            084–06440     May 31, 2018.
                                               agent’s registration. On December 22,                   Bluechip Equity Inc. DBA
                                               2017, the Commission published notice                      Bluechip Trust Company ..                     084–06173    Pursuant to Section 19(b)(1) of the
                                               of its intention to cancel the registration             Cascade Stock Transfer, Inc.                     084–06204 Securities Exchange Act of 1934 (the
                                               of certain transfer agents whom it                      Centerline Affordable Hous-                                ‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                               believed were no longer in existence or                    ing Advisors LLC ...............              084–01911 notice is hereby given that on May 18,
                                               had ceased doing business as transfer                   Chris Lotito ...........................         084–06197 2018, NYSE National, Inc. (the
                                               agents.3                                                Clayton Securities Services,                               ‘‘Exchange’’ or ‘‘NYSE National’’) filed
                                                                                                          Inc. ....................................     084–05425 with the Securities and Exchange
                                                 In the notice, the Commission                         Demiurgic, Inc. ......................           084–06274 Commission (the ‘‘Commission’’) the
                                               identified 38 such transfer agents and                  Elite Transfer Corp ...............              084–06193 proposed rule change as described in
                                               stated that at any time after January 31,               EnDevCo, Inc. ......................             084–06084
                                                                                                                                                                  Items I and II below, which Items have
                                               2018, the Commission intended to issue                  First National Bank of
                                                                                                          Omaha ..............................          084–06174
                                                                                                                                                                  been prepared by the self-regulatory
                                               an order canceling the registrations of
                                                                                                       First National Bank of Sioux                               organization. The Commission is
                                               any or all of the identified transfer
                                               agents. One transfer agent contacted the                   Falls ...................................     084–06228 publishing this notice to solicit
                                               Commission to object to the cancellation                Fund Dynamics, LLC ............                  084–06208 comments on the proposed rule change
                                                                                                       Hiko Bell Mining & Oil Com-                                from interested persons.
                                               of its registration, stating that it had not
                                                                                                          pany ..................................       084–05445
                                               ceased doing business as a transfer                                                                                    I. Self-Regulatory Organization’s
                                                                                                       Holladay Stock Transfer, Inc.                    084–01822
                                               agent. The Commission has decided not                   Integrity Stock Transfer ........                084–06113
                                                                                                                                                                      Statement of the Terms of Substance of
                                               to cancel the registration of that transfer             Intercontinental Registrar &                                   the Proposed Rule Change
                                               agent. None of the remaining 37                            Transfer Agency, Inc. ........                084–01123
                                               identified transfer agents contacted the                                                                                  The Exchange proposes to establish
                                                                                                       Investor Data Services .........                 084–01425
                                               Commission to object to the cancellation                                                                               the NYSE National BBO (‘‘NYSE
                                                                                                       Johnson, Lawrence & Asso-
                                               of their registrations.                                    ciates .................................      084–05831     National BBO’’), NYSE National Trades
                                                                                                       Karrison Compagnie Inc. ......                   084–06046     (‘‘NYSE National Trades’’) and NYSE
                                                  Accordingly, the Commission is                                                                                      National Integrated Feed (‘‘NYSE
                                                                                                       Life Sciences Research ........                  084–06094
                                               cancelling the registrations of the 37                                                                                 National Integrated Feed’’) market data
                                                                                                       LM Anderson Securities, LLC                      084–06257
                                               transfer agents identified in the                       Matrix Capital Group Inc. .....                  084–06122     feeds. The proposed rule change is
                                               Appendix attached to this Order.                        Premier Stock Transfer, LLC                      084–06518     available on the Exchange’s website at
                                               Order                                                   Progressive Transfer, Inc. ....                  084–06268     www.nyse.com, at the principal office of
                                                                                                       Quads Trust Company .........                    084–05621     the Exchange, and at the Commission’s
                                                  On the basis of the foregoing, the                   Repository & Related Serv-                                     Public Reference Room.
                                               Commission finds that each of the                          ices, LLC ...........................         084–06500
                                                                                                       Signal Stock Transfer, Inc. ...                  084–06360     II. Self-Regulatory Organization’s
                                               transfer agents whose name appears in
                                                                                                       Standard Transfer & Trust                                      Statement of the Purpose of, and
                                               the attached Appendix either is no
                                                                                                          Co., Inc. .............................       084–05819     Statutory Basis for, the Proposed Rule
                                               longer in existence or has ceased doing
                                                                                                       Superior Stock Transfer, Inc.                    084–06121     Change
                                               business as a transfer agent.
                                                                                                       Thermal Energy Storage Inc.                      084–01300
                                                  It is therefore ordered pursuant to                  U.S. Stock Transfer Corp. ....                   084–06293       In its filing with the Commission, the
                                               Section 17A(c)(4)(B) of the Act that the                U.S. Trust & Transfer Co. ....                   084–05663     self-regulatory organization included
                                               registration as a transfer agent of each of             Valley Forge Management                                        statements concerning the purpose of,
                                               the transfer agents whose name appears                     Corp ..................................       084–00012     and basis for, the proposed rule change
                                               in the attached Appendix be and hereby                  Wall Street Stock Transfer                                     and discussed any comments it received
                                               is cancelled.                                              Corporation .......................           084–06246     on the proposed rule change. The text
                                                                                                                                                                      of those statements may be examined at
                                                                                                       [FR Doc. 2018–12157 Filed 6–5–18; 8:45 am]                     the places specified in Item IV below.
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       BILLING CODE P                                                 The Exchange has prepared summaries,
                                                                                                                                                                      set forth in sections A, B, and C below,
                                                                                                                                                                      of the most significant parts of such
                                                                                                                                                                      statements.

                                                                                                                                                                       1 15   U.S.C. 78s(b)(1).
                                                 3 Id.                                                   4 17   CFR 200.30–3(a)(22).                                   2 17   CFR 240.19b–4.



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                                                                             Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices                                             26333

                                               A. Self-Regulatory Organization’s                         NYSE National Trades would allow                     data center that is available to users of
                                               Statement of the Purpose of, and the                    NYSE National Vendors to consume and                   the Exchange’s co-location services. The
                                               Statutory Basis for, the Proposed Rule                  make available NYSE National Last Sale                 Exchange would also offer the NYSE
                                               Change                                                  Information on a real-time basis. NYSE                 National Market Data Feeds through the
                                                                                                       National Vendors may distribute the                    Exchange’s Secure Financial
                                               1. Purpose
                                                                                                       NYSE National Trades to both                           Transaction Infrastructure (‘‘SFTI’’)
                                                  The Exchange proposes to establish                   professional and non-professional                      network, through which all other users
                                               NYSE National BBO, NYSE National                        subscribers. The Exchange would make                   and members access the Exchange’s
                                               Trades and NYSE National Integrated                     NYSE National Last Sale Information                    trading and execution systems and other
                                               Feed (‘‘NYSE National Market Data                       available through the NYSE National                    proprietary market data products.
                                               Feeds’’).                                               Trades data feed no earlier than it makes                 At this time, the Exchange does not
                                               NYSE National BBO                                       that information available to the                      intend to charge any fees associated
                                                                                                       processor under the CTA Plan or the                    with the receipt of NYSE National BBO,
                                                  NYSE National BBO is a NYSE                          OTC UTP Plan, as applicable. In                        NYSE National Trades or NYSE
                                               National-only market data feed that                     addition to the information that the                   National Integrated Feed. The Exchange
                                               provides vendors and subscribers on a                   Exchange provides to the processor,                    will submit a proposed rule change to
                                               real-time basis with the same best-bid-                 NYSE National Last Sale Information                    the Commission should it determine to
                                               and-offer information that NYSE                         will also include a unique sequence                    charge fees associated with the receipt
                                               National reports under the Consolidated                 number that the Exchange assigns to                    of NYSE National BBO, NYSE National
                                               Quotation Plan (‘‘CQ Plan’’) and the                    each trade and that allows an investor                 Trades or NYSE National Integrated
                                               Plan Governing the Collection,                          to track the context of a trade through                Feed. The Exchange will announce the
                                               Consolidation, and Dissemination of                     other Exchange market data products.                   date that the NYSE National Market
                                               Quotation and Transaction Information                                                                          Data Feeds would be available through
                                               for Nasdaq-Listed Securities Traded on                  NYSE National Integrated Feed                          a NYSE National Market Data Notice.
                                               Exchanges on an Unlisted Trading                          NYSE National Integrated Feed is a
                                               Privilege Basis (‘‘OTC UTP Plan’’).                     NYSE National-only market data feed                    2. Statutory Basis
                                               NYSE National BBO would include the                     that would provide vendors and                            The Exchange believes that the
                                               best bids and offers (‘‘NYSE National                   subscribers on a real-time basis with a                proposed rule change is consistent with
                                               BBO Information’’) for all securities that              unified view of events, in sequence, as                Section 6(b) of the Act (‘‘Act’’),3 in
                                               are traded on the Exchange. NYSE                        they appear on the NYSE National                       general, and furthers the objectives of
                                               National will make the NYSE National                    matching engines. The NYSE National                    Section 6(b)(5) of the Act,4 in particular,
                                               BBO available over a single data feed,                  Integrated Feed would include depth of                 in that it is designed to prevent
                                               regardless of the markets on which the                  book order data, last sale data, and                   fraudulent and manipulative acts and
                                               securities are listed.                                  security status updates (e.g., trade                   practices, to promote just and equitable
                                                  NYSE National BBO would allow                        corrections and trading halts) and stock               principles of trade, to foster cooperation
                                               vendors, broker-dealers, and others                     summary messages. The stock summary                    and coordination with persons engaged
                                               (‘‘NYSE National Vendors’’) to consume                  message would update every minute                      in facilitating transactions in securities,
                                               and make available NYSE National BBO                    and would include NYSE National’s                      to remove impediments to and perfect
                                               Information on a real-time basis. NYSE                  opening price, high price, low price,                  the mechanism of a free and open
                                               National Vendors may distribute the                     closing price, and cumulative volume                   market and a national market system
                                               NYSE National BBO to both                               for a security. The NYSE National                      and, in general, to protect investors and
                                               professional and non-professional                       Integrated Feed would include                          the public interest, and it is not
                                               subscribers. The Exchange would make                    information available to vendors and                   designed to permit unfair
                                               NYSE National BBO Information                           subscribers of NYSE National Trades, a                 discrimination among customers,
                                               available through the NYSE National                     service that would make available NYSE                 brokers, or dealers. This proposal is in
                                               BBO data feed no earlier than it makes                  National last sale information on a real-              keeping with those principles in that it
                                               that information available to the                       time basis.                                            promotes increased transparency
                                               processor under the CQ Plan or the OTC                    Offering an integrated product                       through the dissemination of the NYSE
                                               UTP Plan, as applicable.                                addresses requests received from                       National Market Data Feeds to those
                                                                                                       vendors and subscribers that would like                interested in receiving it.
                                               NYSE National Trades                                    to receive the data described above in an                 The Exchange also believes this
                                                  NYSE National Trades is a NYSE                       integrated fashion. An integrated data                 proposal is consistent with Section
                                               National-only market data feed that                     feed would provide greater efficiencies                6(b)(5) of the Act because it protects
                                               provides vendors and subscribers on a                   and reduce errors for vendors and                      investors and the public interest and
                                               real-time basis with the same last sale                 subscribers that currently choose to                   promotes just and equitable principles
                                               information that NYSE National reports                  integrate the data after receiving it from             of trade by providing investors with
                                               under the Consolidated Tape                             the Exchange. The Exchange believes                    new options for receiving market data as
                                               Association Plan (‘‘CTA Plan’’) and the                 that providing vendors and subscribers                 requested by market data vendors and
                                               OTC UTP Plan for inclusion in the                       with the option of a market data product               purchasers. The proposed rule change
                                               consolidated feeds. NYSE National                       that both integrates existing products                 would benefit investors by facilitating
                                               Trades would include the real-time last                 and includes additional market data                    their prompt access to the real-time
                                               sale price, time and size information                   would allow vendors and subscribers to                 information contained in the NYSE
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                                               (‘‘NYSE National Last Sale                              choose the best solution for their                     National Market Data Feeds.
                                               Information’’) for all securities that are              specific businesses.                                      In adopting Regulation NMS, the
                                               traded on the Exchange. NYSE National                     The Exchange proposes to offer the                   Commission granted self-regulatory
                                               will make the NYSE National Trades                      NYSE National Market Data Feeds                        organizations (‘‘SROs’’) and broker
                                               available over a single data feed,                      through the Exchange’s Liquidity Center
                                               regardless of the markets on which the                  Network (‘‘LCN’’), a local area network                 3 15   U.S.C. 78f(b).
                                               securities are listed.                                  in the Exchange’s Mahwah, New Jersey                    4 15   U.S.C. 78f(b)(5).



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                                               26334                         Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices

                                               dealers increased authority and                         Feeds will enhance competition. For                    III. Date of Effectiveness of the
                                               flexibility to offer new and unique                     example, NYSE National BBO would                       Proposed Rule Change and Timing for
                                               market data to consumers of such data.                  provide an alternative to NYSE Arca                    Commission Action
                                               It was believed that this authority would               BBO,7 offered by the Exchange’s
                                               expand the amount of data available to                  affiliate, NYSE Arca, Inc. (‘‘NYSE                        The Exchange has filed the proposed
                                               users and consumers of such data and                    Arca’’), Nasdaq Basic,8 offered by The                 rule change pursuant to Section
                                               also spur innovation and competition                                                                           19(b)(3)(A)(iii) of the Act 16 and Rule
                                                                                                       Nasdaq Stock Market, Inc. (‘‘Nasdaq’’),
                                               for the provision of market data. The                                                                          19b–4(f)(6) thereunder.17 Because the
                                                                                                       and Cboe Top,9 offered by Cboe Global
                                               Exchange believes that the NYSE                                                                                proposed rule change does not: (i)
                                                                                                       Markets, Inc. (‘‘Cboe’’). Additionally,
                                               National Market Data Feeds are                                                                                 Significantly affect the protection of
                                                                                                       NYSE National Trades would provide                     investors or the public interest; (ii)
                                               precisely the sort of market data                       an alternative to NYSE Arca Trades,10
                                               products that the Commission                                                                                   impose any significant burden on
                                                                                                       offered by NYSE Arca, Nasdaq Basic,11                  competition; and (iii) become operative
                                               envisioned when it adopted Regulation
                                                                                                       offered by Nasdaq, and Cboe Last Sale,12               prior to 30 days from the date on which
                                               NMS. The Commission concluded that
                                                                                                       offered by Cboe. Finally, NYSE National                it was filed, or such shorter time as the
                                               Regulation NMS would itself further the
                                               Act’s goals of facilitating efficiency and              Integrated Feed would provide an                       Commission may designate, if
                                               competition:                                            alternative to NYSE Arca Integrated                    consistent with the protection of
                                                  Efficiency is promoted when broker-                  Feed,13 offered by NYSE Arca, Nasdaq                   investors and the public interest;
                                               dealers who do not need the data                        TotalView-Itch,14 offered by Nasdaq,                   provided that the SRO has given the
                                               beyond the prices, sizes, market center                 and Cboe Depth,15 offered by Cboe.                     Commission written notice of its intent
                                               identifications of the NBBO and                            The NYSE National Market Data                       to file the proposed rule change, along
                                               consolidated last sale information are                  Feeds provide investors with new                       with a brief description and text of the
                                               not required to receive (and pay for)                   options for receiving market data, which               proposed rule change, at least five
                                               such data. The Commission also                          was a primary goal of the market data                  business days prior to the date of filing
                                               believes that efficiency is promoted                    amendments                                             of the proposed rule change, or such
                                               when broker-dealers may choose to                                                                              shorter time as the designated by the
                                               receive (and pay for) additional market                 C. Self-Regulatory Organization’s                      Commission, the proposed rule change
                                               data based on their own internal                        Statement on Comments on the                           has become effective pursuant to
                                               analysis of the need for such data.5                    Proposed Rule Change Received From                     Section 19(b)(3)(A) of the Act and Rule
                                                  The Exchange further notes that the                  Members, Participants, or Others                       19b–4(f)(6)(iii) thereunder.
                                               existence of alternatives to the                                                                                  A proposed rule change filed under
                                               Exchange’s product, including real-time                   No written comments were solicited
                                                                                                       or received with respect to the proposed               Rule 19b–4(f)(6) 18 normally does not
                                               consolidated data, free delayed                                                                                become operative prior to 30 days after
                                               consolidated data, and proprietary data                 rule change.
                                                                                                                                                              the date of the filing. However, pursuant
                                               from other sources, as well as the                                                                             to Rule 19b4(f)(6)(iii),19 the Commission
                                               continued availability of the Exchange’s                  7 See NYSE Arca BBO, https://www.nyse.com/
                                                                                                                                                              may designate a shorter time if such
                                               separate data feeds, ensures that the                   market-data/real-time/bbo (provides best bid/ask
                                                                                                       quotations for all traded securities).                 action is consistent with the protection
                                               Exchange is not unreasonably                              8 See Nasdaq Basic, http://                          of investors and the public interest. The
                                               discriminatory because vendors and                      www.nasdaqtrader.com/                                  Exchange has asked the Commission to
                                               subscribers can elect these alternatives                Trader.aspx?id=nasdaqbasic (provides Best Bid and      waive both the five day pre-filing
                                               as their individual business cases                      Offer and Last Sale Information).
                                                                                                                                                              requirement and the 30-day operative
                                               warrant.                                                  9 See Cboe Top, https://markets.cboe.com/us/
                                                                                                                                                              delay so that the proposal may become
                                                  The NYSE National Market Data                        equities/market_data_products/ (provides real-time
                                                                                                       top-of-book quotations, matched trade price,           operative immediately upon filing. The
                                               Feeds will help to protect a free and                                                                          Exchange stated its belief such waivers
                                                                                                       volume and execution time).
                                               open market by providing additional                       10 See NYSE Arca Trades, https://www.nyse.com/       would be consistent with the protection
                                               data to the marketplace and by giving                   market-data/real-time/trades (provides real-time       of investors and the public interest
                                               investors greater choices. In addition,                 Last Sale information for all traded securities).
                                                                                                                                                              because the waiver of the pre-filing
                                               the proposal would not permit unfair                      11 See Nasdaq Basic, http://
                                                                                                                                                              requirement and the operative delay
                                               discrimination because the products                     www.nasdaqtrader.com/
                                                                                                       Trader.aspx?id=nasdaqbasic (provides Best Bid and      would allow the Exchange to provide
                                               will be available to all of the Exchange’s                                                                     the NYSE National Market Data Feeds
                                                                                                       Offer and Last Sale Information).
                                               customers and broker-dealers through                      12 See Cboe Last Sale, https://markets.cboe.com/     immediately upon launch of NYSE
                                               both the LCN and SFTI.                                  us/equities/market_data_products/. (provides real-     National. The Commission grants the
                                                                                                       time matched trade price, volume and execution         Exchange’s request for waivers of the
                                               B. Self-Regulatory Organization’s                       time).
                                               Statement on Burden on Competition                        13 See NYSE Arca Integrated Feed, https://
                                                                                                                                                              pre-filing requirement and the operative
                                                                                                       www.nyse.com/market-data/real-time/integrated-         delay 20 because the waivers would
                                                  In accordance with Section 6(b)(8) of
                                               the Act,6 the Exchange does not believe                 feed (provides a comprehensive order-by-order          permit the Exchange to begin offering its
                                                                                                       view of events in the equities market, including       proprietary market data products, which
                                               that the proposed rule change will                      depth of book, trades, order imbalance data, and       would be comparable to those offered by
                                               impose any burden on competition that                   security status messages).
                                                                                                                                                              other exchanges, to interested market
                                               is not necessary or appropriate in                        14 See Nasdaq TotalView-ITCH, http://

                                               furtherance of the purposes of the Act.                 www.nasdaqtrader.com/Trader.aspx?id=Totalview2
                                                                                                                                                                16 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                       (displays the full order book depth for Nasdaq
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                                               Because other exchanges already offer
                                                                                                       market participants and also disseminates the Net        17 17 CFR 240.19b–4(f)(6).
                                               similar products, the Exchange’s                        Order Imbalance Indicator (NOII) for the Nasdaq          18 17 CFR 240.19b–4(f)(6).
                                               proposed NYSE National Market Data                      Opening and Closing Crosses and Nasdaq IPO/Halt          19 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                       Cross).                                                  20 In considering the Exchange’s request to waive
                                                  5 See Securities Exchange Act Release No. 51808        15 See Cboe Depth, https://markets.cboe.com/us/
                                                                                                                                                              the requirement of the 30-day operative delay, the
                                               (June 9, 2005), 70 FR 37496 (June 29, 2005)             equities/market_data_products/ (provides real-time,    Commission has considered, in addition to the
                                               (Regulation NMS Adopting Release).                      depth-of-book quotations and execution                 protection of investors, the impact on efficiency,
                                                  6 15 U.S.C. 78f(b)(8).                               information).                                          competition, and capital formation. 15 U.S.C. 78c(f).



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                                                                                Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices                                            26335

                                               participants concurrent with the re-                       filing also will be available for                      Archipelago Securities LLC (‘‘Arca
                                               launch of the Exchange.                                    inspection and copying at the principal                Securities’’) would function as a routing
                                                  At any time within 60 days of the                       office of the Exchange. All comments                   broker for the Exchange’s affiliate, NYSE
                                               filing of such proposed rule change, the                   received will be posted without change.                National. The proposed rule change is
                                               Commission summarily may                                   Persons submitting comments are                        available on the Exchange’s website at
                                               temporarily suspend such rule change if                    cautioned that we do not redact or edit                www.nyse.com, at the principal office of
                                               it appears to the Commission that such                     personal identifying information from                  the Exchange, and at the Commission’s
                                               action is necessary or appropriate in the                  comment submissions. You should                        Public Reference Room.
                                               public interest, for the protection of                     submit only information that you wish
                                               investors, or otherwise in furtherance of                  to make available publicly. All                        II. Self-Regulatory Organization’s
                                               the purposes of the Act. If the                            submissions should refer to File                       Statement of the Purpose of, and
                                               Commission takes such action, the                          Number SR–NYSENAT–2018–09 and                          Statutory Basis for, the Proposed Rule
                                               Commission shall institute proceedings                     should be submitted on or before June                  Change
                                               under Section 19(b)(2)(B) of the Act 21 to                 27, 2018.                                                In its filing with the Commission, the
                                               determine whether the proposed rule                          For the Commission, by the Division of               self-regulatory organization included
                                               change should be approved or                               Trading and Markets, pursuant to delegated             statements concerning the purpose of,
                                               disapproved.                                               authority.22                                           and basis for, the proposed rule change
                                               IV. Solicitation of Comments                               Eduardo A. Aleman,                                     and discussed any comments it received
                                                                                                          Assistant Secretary.                                   on the proposed rule change. The text
                                                 Interested persons are invited to
                                               submit written data, views, and                            [FR Doc. 2018–12110 Filed 6–5–18; 8:45 am]             of those statements may be examined at
                                               arguments concerning the foregoing,                        BILLING CODE 8011–01–P                                 the places specified in Item IV below.
                                               including whether the proposed rule                                                                               The Exchange has prepared summaries,
                                               change is consistent with the Act.                                                                                set forth in sections A, B, and C below,
                                                                                                          SECURITIES AND EXCHANGE                                of the most significant parts of such
                                               Comments may be submitted by any of                        COMMISSION
                                               the following methods:                                                                                            statements.
                                                                                                          [Release No. 34–83356; File No. SR–NYSE–               A. Self-Regulatory Organization’s
                                               Electronic Comments                                        2018–25]                                               Statement of the Purpose of, and
                                                 • Use the Commission’s internet                                                                                 Statutory Basis for, the Proposed Rule
                                               comment form (http://www.sec.gov/                          Self-Regulatory Organizations; New
                                                                                                                                                                 Change
                                               rules/sro.shtml); or                                       York Stock Exchange LLC; Notice of
                                                 • Send an email to rule-comments@                        Filing and Immediate Effectiveness of                  1. Purpose
                                               sec.gov. Please include File Number SR–                    Proposed Rule Change To Amend Rule
                                               NYSENAT–2018–09 on the subject line.                       7.37 and Rule 17 With Respect to NYSE                     The Exchange proposes to update and
                                                                                                          National’s Reopening of Trading and                    amend the table in Rule 7.37 that sets
                                               Paper Comments                                             Reactivating Connection to the                         forth on a market-by-market basis the
                                                  • Send paper comments in triplicate                     Securities Information Processors                      specific network processor and
                                               to Brent J. Fields, Secretary, Securities                                                                         proprietary data feeds that the Exchange
                                               and Exchange Commission, 100 F Street                      May 31, 2018.                                          utilizes for the handling, execution and
                                               NE, Washington, DC 20549–1090.                                Pursuant to Section 19(b)(1) 1 of the               routing of orders, and for performing the
                                                                                                          Securities Exchange Act of 1934 (the                   regulatory compliance checks related to
                                               All submissions should refer to File
                                                                                                          ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                 each of those functions. Specifically, the
                                               Number SR–NYSENAT–2018–09. This
                                                                                                          notice is hereby given that on May 18,                 table would be amended to include
                                               file number should be included on the
                                                                                                          2018, New York Stock Exchange LLC                      NYSE National, which intends to
                                               subject line if email is used. To help the
                                                                                                          (‘‘NYSE’’ or the ‘‘Exchange’’) filed with              reopen trading and reactivate its
                                               Commission process and review your
                                                                                                          the Securities and Exchange                            connections to the securities
                                               comments more efficiently, please use
                                                                                                          Commission (‘‘Commission’’) the                        information processors (‘‘SIPs’’). To
                                               only one method. The Commission will
                                                                                                          proposed rule change as described in                   reflect that, the Exchange proposes to
                                               post all comments on the Commission’s
                                                                                                          Items I and II below, which Items have                 amend Rule 7.37 to specify which data
                                               internet website (http://www.sec.gov/
                                                                                                          been prepared by the self-regulatory                   feeds the Exchange would use for NYSE
                                               rules/sro.shtml). Copies of the
                                                                                                          organization. The Commission is                        National. As proposed, the Exchange
                                               submission, all subsequent
                                                                                                          publishing this notice to solicit                      would use the direct data feeds for
                                               amendments, all written statements
                                                                                                          comments on the proposed rule change                   NYSE National and would use the SIP
                                               with respect to the proposed rule
                                                                                                          from interested persons.                               data feeds as a secondary source.
                                               change that are filed with the
                                               Commission, and all written                                I. Self-Regulatory Organization’s                         Additionally, the Exchange proposes
                                               communications relating to the                             Statement of the Terms of the Substance                to amend Rule 17 to reflect that Arca
                                               proposed rule change between the                           of the Proposed Rule Change                            Securities would function as a routing
                                               Commission and any person, other than                         The Exchange proposes to: (1) Amend                 broker for the Exchange’s affiliate, NYSE
                                               those that may be withheld from the                        Rule 7.37 to specify in Exchange rules                 National. Specifically, the Exchange
                                               public in accordance with the                              the Exchange’s use of data feeds from                  proposes to amend Rule 17(c)(2)(A) and
                                               provisions of 5 U.S.C. 552, will be                        NYSE National, Inc. (‘‘NYSE National’’)                (B) to reference NYSE National as an
                                               available for website viewing and                          for order handling and execution, order                affiliate of the Exchange for the
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                                               printing in the Commission’s Public                        routing, and regulatory compliance; and                purposes of the inbound routing
                                               Reference Room, 100 F Street NE,                           (2) amend Rule 17 to reflect that                      function performed by Arca Securities.
                                               Washington, DC 20549 on official                                                                                  The proposed rule change would
                                               business days between the hours of                           22 17 CFR 200.30–3(a)(12).                           provide more clarity and transparency
                                               10:00 a.m. and 3:00 p.m. Copies of the                       1 15 U.S.C. 78s(b)(1).                               to all the functions that Arca Securities
                                                                                                            2 15 U.S.C. 78a.                                     performs on behalf of the Exchange and
                                                 21 15   U.S.C. 78s(b)(2)(B).                               3 17 CFR 240.19b–4.                                  its affiliates, which now includes NYSE


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Document Created: 2018-06-06 00:53:49
Document Modified: 2018-06-06 00:53:49
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 Citation83 FR 26332 

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