83_FR_28157 83 FR 28041 - 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 Related to Co-Location Services in Connection With the Re-Launch of Trading on NYSE National, Inc. and Proposed NYSE National Co-Location Services

83 FR 28041 - 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 Related to Co-Location Services in Connection With the Re-Launch of Trading on NYSE National, Inc. and Proposed NYSE National Co-Location Services

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 116 (June 15, 2018)

Page Range28041-28045
FR Document2018-12851

Federal Register, Volume 83 Issue 116 (Friday, June 15, 2018)
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 28041-28045]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12851]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83402; File No. SR-NYSEAMER-2018-23]


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 
Related to Co-Location Services in Connection With the Re-Launch of 
Trading on NYSE National, Inc. and Proposed NYSE National Co-Location 
Services

June 11, 2018.
    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 May 30, 2018, NYSE American LLC (the ``Exchange'' or 
``NYSE American'') 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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[[Page 28042]]

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'') related to co-location services in connection with the re-
launch of trading on NYSE National, Inc. (``NYSE National'') and 
proposed NYSE National co-location services. The Exchange also proposes 
to make a non-substantive change to remove obsolete text from the Price 
List and Fee Schedule. The proposed 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.

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 
related to co-location \4\ services in connection with the re-launch of 
trading on NYSE National and proposed NYSE National co-location 
services. Specifically, the Exchange proposes to make changes to 
General Note 1 and General Note 4 of the Price List and Fee Schedule to 
add references to NYSE National. The Exchange also proposes to make a 
non-substantive change to remove obsolete text from the Price List and 
Fee Schedule, with respect to the wireless connection to third party 
data provided by the Toronto Stock Exchange (``TSX'').
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    \4\ The Exchange initially filed rule changes relating to its 
co-location services with the Commission in 2010. See Securities 
Exchange Act Release No. 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.
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    On January 31, 2017, Intercontinental Exchange, Inc. (``ICE''), the 
indirect parent of the Exchange, acquired all of the outstanding 
capital stock of NYSE National through its wholly-owned subsidiary NYSE 
Group.\5\ As a result, NYSE National is an affiliate of the Exchange. 
On February 1, 2017, NYSE National ceased trading operations.\6\
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    \5\ See Securities Exchange Act Release No. 79902 (January 30, 
2017), 82 FR 9258 (February 3, 2017) (SR-NSX-2016-16). Prior to its 
acquisition, NYSE National was named ``National Stock Exchange, 
Inc.''
    \6\ See Securities Exchange Act Release No. 80018 (February 10, 
2017), 82 FR 10947 (February 16, 2017) (SR-NSX-2017-04).
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    NYSE National filed proposed rule changes to re-launch trading 
operations.\7\ NYSE National has stated that it anticipates re-
launching trading operations in the second quarter of 2018. In 
connection with the anticipated re-launch of NYSE National's trading 
operations, NYSE National has filed a proposed rule change to offer the 
same co-location services and fees offered by the Exchange, the New 
York Stock Exchange LLC (``NYSE LLC'') and NYSE Arca, Inc. (``NYSE 
Arca'' and, together with NYSE LLC, the ``Affiliate SROs''), which are 
its affiliates.\8\
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    \7\ See Securities Exchange Act Release No. 83289 (May 17, 2018) 
(notice of filing of Amendment No. 1 and order granting accelerated 
approval of a proposed rule change, as amended by Amendment No. 1, 
to support the re-launch of NYSE National, Inc. on the Pillar 
Trading Platform) (``NYSE National Trading Rules Approval''). See 
also Securities Exchange Act Release No. 82819 (March 7, 2018), 83 
FR 11098 (March 13, 2018) (SR-NYSENat-2018-02).
    \8\ See SR-NYSENat-2018-07 (May 18, 2018).
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    The Exchange requests that the proposed rule change become both 
effective and operative immediately upon filing.\9\
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    \9\ See NYSE National Trading Rules Approval, supra note 7.
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General Note 1
    General Note 1 of the Price List and Fee Schedule provides that a 
User \10\ that incurs co-location fees for a particular co-location 
service shall not be subject to co-location fees for the same co-
location service charged by the other Affiliate SROs.\11\ The Exchange 
proposes to add NYSE National to General Note 1 to the Price List, as 
follows (additions underlined, deletions in brackets):
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    \10\ 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).
    \11\ See Securities Exchange Act Release No. 70176 (August 13, 
2013), 78 FR 50471 (August 19, 2013) (SR-NYSEMKT-2013-67). Some 
Users do not connect to the Exchange or the Affiliate SROs, but 
rather provide services to other Users co-located at the data 
center. Id.

    A User that incurs co-location fees for a particular co-location 
service pursuant to the NYSE American Equities Price List shall not 
be subject to co-location fees for the same co-location service 
charged pursuant to the NYSE American Options Fee Schedule or by the 
Exchange's affiliates New York Stock Exchange LLC (NYSE), [and] NYSE 
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Arca, Inc. (NYSE Arca) and NYSE National, Inc. (NYSE National).

    The Exchange proposes to add NYSE National to General Note 1 to the 
Fee Schedule, as follows (additions underlined, deletions in brackets):

    A User that incurs co-location fees for a particular co-location 
service pursuant to this Fee Schedule shall not be subject to co-
location fees for the same co-location service charged pursuant to 
the NYSE American Equities Price List or by the Exchange's 
affiliates New York Stock Exchange LLC (NYSE), [and] NYSE Arca, Inc. 
(NYSE Arca) and NYSE National, Inc. (NYSE National).

    By including the proposed reference to NYSE National, General Note 
1 would provide that the fees a User pays for co-location services 
would not depend on whether the User connects to none, one, some, or 
all of the Exchange, the Affiliate SROs, and NYSE National.
General Note 4
    General Note 4 of the Price List and Fee Schedule provides that, 
when a User purchases access to the Liquidity Center Network (``LCN'') 
or the internet protocol (``IP'') network, the two local area networks 
available in the data center,\12\ a User receives (a) the ability to 
access the trading and execution systems of the Exchange and Affiliate 
SROs, and (b) connectivity to any of the listed data products 
(``Included Data Products'') that it selects.
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    \12\ See Securities Exchange Act Release No. 79728 (January 4, 
2017), 82 FR 3035 (January 10, 2017) (SR-NYSEMKT-2016-126).
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    The Exchange proposes to add NYSE National to the list of trading 
and execution system providers in the first sentence of the first 
paragraph, thereby expanding the definition of ``Exchange Systems'' 
which Users may access to include NYSE National. It also proposes to 
add NYSE National to the lists of affiliated entities in the first, 
third and fourth sentences. The proposed changes are as follows 
(additions underlined, deletions in brackets):

    When a User purchases access to the LCN or IP network, it 
receives the ability to access the trading and execution systems of 
the NYSE, NYSE American, [and] NYSE Arca and NYSE National (Exchange 
Systems), subject, in each case, to authorization by the NYSE, NYSE 
American, [or] NYSE Arca or NYSE National, as applicable. Such 
access includes access to the customer gateways that provide for 
order entry, order receipt (i.e. confirmation that an order has been 
received), receipt of drop copies and trade reporting (i.e. whether 
a trade is executed or

[[Page 28043]]

cancelled), as well as for sending information to shared data 
services for clearing and settlement. A User can change the access 
it receives at any time, subject to authorization by NYSE, NYSE 
American, [or] NYSE Arca, or NYSE National. NYSE, NYSE American, 
[and ]NYSE Arca and NYSE National also offer access to Exchange 
Systems to their members, such that a User does not have to purchase 
access to the LCN or IP network to obtain access to Exchange 
Systems.

    In addition, the Exchange proposes to add NYSE National to the 
table of Included Data Products set forth in General Note 4.
Toronto Stock Exchange
    The Exchange offers Users the option to receive certain market data 
feeds from third party markets through a wireless connection. The 
description of the charge for the TSX wireless connection in the Price 
List and Fee Schedule states that ``[c]ustomers with an existing 
wireless connection to TSX at the time the Exchange makes the service 
available will not be subject to an initial charge or receive 30-day 
testing period.'' Because the wireless connection to the TSX has become 
effective, the statement is obsolete. Accordingly, the Exchange 
proposes to delete the statement from the Price List and Fee Schedule.
General
    As is the case with all Exchange co-location arrangements, (i) 
neither a User nor any of the User's customers would be permitted to 
submit orders directly to the Exchange unless such User or customer is 
a member organization, a Sponsored Participant or an agent thereof 
(e.g., a service bureau providing order entry services); (ii) use of 
the co-location services proposed herein would be completely voluntary 
and available to all Users on a non-discriminatory basis; \13\ 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, one or both of its Affiliate SROs, 
or NYSE National.\14\
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    \13\ 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.
    \14\ See 78 FR 50471, supra note 11, at 50471. The Affiliate 
SROs have also submitted substantially the same proposed rule change 
to propose the changes described herein. See SR-NYSE-2018-23 and SR-
NYSEArca-2018-36.
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    The proposed change is not otherwise intended to address any other 
issues relating to co-location services and/or related fees, and the 
Exchange is not aware of any problems that Users would have in 
complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section 
6(b) of the Act,\15\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\16\ in particular, because it is designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
processing information with respect to, and facilitating transactions 
in securities, to remove impediments to, and perfect the mechanisms of, 
a free and open market and a national market system and, in general, to 
protect investors and the public interest and because it is not 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed change 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 the amendments would update General Note 1 to 
reflect NYSE National's provision of co-location services. By including 
the proposed reference to NYSE National, General Note 1 would provide 
that the fees a User pays for co-location services would not depend on 
whether the User connects to none, one, some, or all of the Exchange, 
the Affiliate SROs, and NYSE National. For example, to charge one User 
three times for a cage because that User connects to the Exchange, NYSE 
National, and an Affiliate SRO, when another User that buys the same 
size cage and only connects to the Exchange only pays once, would not 
promote just and equitable principles of trade. The Exchange also 
believes that the proposed amendments to General Note 1 are not 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers because charging a User for co-location services 
based on how many markets to which a User connects could result in the 
Exchange, NYSE National and the Affiliate SROs receiving the proceeds 
from multiple fees despite only providing a service once.
    The Exchange believes that the proposed amendments 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 the amendments would update General Note 4 to 
reflect NYSE National's provision of co-location services. By expanding 
the definition of ``Exchange Systems'' to include the NYSE National 
trading and execution system, incorporating references to NYSE 
National, and adding NYSE National to the list of Included Data 
Products, the Exchange would provide market participants with clarity 
as to what access and connectivity a User receives when it purchases 
access to the LCN or IP network, thereby making the description more 
accessible and transparent.
    Further, the Exchange believes that revising General Note 4 to 
provide a more detailed description of the access and connectivity to 
NYSE National that Users would receive with their purchase of access to 
the LCN or IP network would promote just and equitable principles of 
trade and remove impediments to, and perfect the mechanisms of, a free 
and open market and a national market system as it would make clear 
that all Users that voluntarily select to access the LCN or IP network 
would receive the same access to the NYSE National trading and 
execution systems and connectivity to NYSE National data and would not 
be subject to a charge above and beyond the fee paid for the relevant 
LCN or IP network access. In addition, a User would not be required to 
use any of its bandwidth to access the NYSE National trading and 
execution system or connect to NYSE National data unless it wishes to 
do so. A User only receives the access to Exchange Systems and 
connectivity to Included Data Products that it selects, and a User can 
change such access or connectivity it receives at any time, subject to 
authorization from the data provider or relevant Exchange or Affiliate 
SRO.
    The Exchange believes that the non-substantive change to remove 
obsolete text with respect to the wireless connection to TSX data 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 the amendment would clarify Exchange 
rules and alleviate any possible market participant confusion caused by 
the obsolete reference.

[[Page 28044]]

    The Exchange also believes that the proposed fee change is 
consistent with Section 6(b)(4) of the Act,\17\ in particular, because 
it provides for the equitable allocation of reasonable dues, fees, and 
other charges among its members, issuers and other persons using its 
facilities and does not unfairly discriminate between customers, 
issuers, brokers or dealers.
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    \17\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed change provides for the 
equitable allocation of reasonable dues, fees, and other charges among 
its members, issuers and other persons using its facilities and does 
not unfairly discriminate between customers, issuers, brokers or 
dealers, because the change would result in the Exchange offering co-
location services related to access and connectivity to NYSE National, 
an affiliate of the Exchange, on the same terms and in the same manner 
as it offers access and connectivity to the Exchange and the Affiliate 
SROs. By adding NYSE National to General Notes 1 and 4, the proposed 
change would ensure that the fees a User pays for co-location services 
would not depend on whether the User connects to none, one or more of 
the Exchange, the SRO Affiliates and NYSE National. For example, a User 
that connects to the Exchange, NYSE National, and an Affiliate SRO, and 
another User that only connects to the Exchange, would both receive the 
same services for the same fee, including the same access and 
connectivity with their purchase of access to the LCN or IP network.
    The Exchange believes that the proposed non-substantive change to 
remove obsolete text with respect to the wireless connection to TSX 
data would be reasonable because the change would have no impact on 
pricing. Rather, the change would remove obsolete information from the 
description of the pricing for the service, alleviating possible market 
participant confusion.
    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,\18\ the Exchange 
believes that the proposed rule change will not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act because, in addition to the use of co-location 
services being completely voluntary, they are available to all Users on 
an equal basis (i.e., the same range of products and services are 
available to all Users).
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    \18\ 15 U.S.C. 78f(b)(8).
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    The Exchange believes that the proposed change would not impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act because the change would result 
in the Exchange offering co-location services related to access and 
connectivity to NYSE National, an affiliate of the Exchange, on the 
same terms and in the same manner as it offers access and connectivity 
to the Exchange and the Affiliate SROs. By adding NYSE National to 
General Notes 1 and 4, the proposed change would ensure that the fees a 
User pays for co-location services would not depend on whether the User 
connects only to none, one or more of the Exchange, the SRO Affiliates 
and NYSE National. Further, the Exchange believes that revising General 
Note 4 to provide a more detailed description of the access and 
connectivity to NYSE National that Users would receive with their 
purchase of access to the LCN or IP network would make clear that all 
Users that voluntarily select to access the LCN or IP network would 
receive the same access to the NYSE National trading and execution 
systems and connectivity to NYSE National data and would not be subject 
to a charge above and beyond the fee paid for the relevant LCN or IP 
network access.
    In addition, a User would not be required to use any of its 
bandwidth to access the NYSE National trading and execution system or 
connect to NYSE National data unless it wishes to do so.
    The Exchange believes that the non-substantive change to remove 
obsolete text with respect to the wireless connection to TSX data would 
not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act because it would 
have no impact on pricing or existing services. Rather, the change 
would remove obsolete information from the description of the pricing 
for the service, alleviating possible market participant confusion.

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 \19\ and Rule 19b-4(f)(6) thereunder.\20\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\21\
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    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires the Exchange to give 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 designated by the Commission. The 
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \22\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\23\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange requests 
that the Commission waive the 30-day operative delay so that the 
proposed rule changes may become operative immediately upon filing. The 
Exchange believes that waiver of the operative delay is consistent with 
the protection of investors and the public interest because it would 
allow the Exchange to offer co-location services related to access and 
connectivity to NYSE National to coincide with the relaunch of the NYSE 
National and its proposed co-location services. The Exchange also notes 
that waiver would alleviate the possibility of confusion that could be 
caused by inconsistencies between the Exchange's Price List and NYSE 
National co-location services that are to be included in NYSE 
National's price list. The Commission believes that waiving the 30-day 
operative delay is consistent with the protection of investors and the 
public interest as it would allow the Exchange to offer co-locations 
services in the form of access and connectivity to NYSE National 
without undue delay. Accordingly, the Commission waives the 30-day 
operative delay and designates the proposed rule change operative upon 
filing.\24\
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    \22\ 17 CFR 240.19b-4(f)(6).
    \23\ 17 CFR 240.19b-4(f)(6)(iii).
    \24\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).

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[[Page 28045]]

    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) \25\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \25\ 15 U.S.C. 78s(b)(2)(B).
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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-2018-23 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-NYSEAMER-2018-23. 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-NYSEAMER-2018-23 and should be submitted 
on or before July 6, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12851 Filed 6-14-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices                                                  28041

                                                offerings and conform the text of the                   30-day operative delay is consistent                   printing in the Commission’s Public
                                                offerings. The Exchange’s proposal to                   with the protection of investors and the               Reference Room, 100 F Street NE,
                                                correct an inadvertent error within                     public interest and, therefore, the                    Washington, DC 20549, on official
                                                Chapter XV, Section 3 will clarify the                  Commission designates the proposed                     business days between the hours of
                                                manner in which OTTO Ports are billed                   rule change to be operative upon                       10:00 a.m. and 3:00 p.m. Copies of the
                                                today on NOM. All OTTO Ports will                       filing.12                                              filing also will be available for
                                                continue to be billed in a uniform                         At any time within 60 days of the                   inspection and copying at the principal
                                                manner.                                                 filing of the proposed rule change, the                office of the Exchange. All comments
                                                                                                        Commission summarily may                               received will be posted without change.
                                                C. Self-Regulatory Organization’s                       temporarily suspend such rule change if
                                                Statement on Comments on the                                                                                   Persons submitting comments are
                                                                                                        it appears to the Commission that such                 cautioned that we do not redact or edit
                                                Proposed Rule Change Received From                      action is necessary or appropriate in the
                                                Members, Participants, or Others                                                                               personal identifying information from
                                                                                                        public interest, for the protection of                 comment submissions. You should
                                                  No written comments were either                       investors, or otherwise in furtherance of              submit only information that you wish
                                                solicited or received.                                  the purposes of the Act. If the                        to make available publicly. All
                                                III. Date of Effectiveness of the                       Commission takes such action, the                      submissions should refer to File
                                                Proposed Rule Change and Timing for                     Commission shall institute proceedings                 Number SR–NASDAQ–2018–040 and
                                                Commission Action                                       to determine whether the proposed rule                 should be submitted on or before July 6,
                                                                                                        should be approved or disapproved.                     2018.
                                                   Because the proposed rule change
                                                does not: (i) Significantly affect the                  IV. Solicitation of Comments                             For the Commission, by the Division of
                                                protection of investors or the public                     Interested persons are invited to                    Trading and Markets, pursuant to delegated
                                                interest; (ii) impose any significant                   submit written data, views, and                        authority.13
                                                burden on competition; and (iii) become                 arguments concerning the foregoing,                    Eduardo A. Aleman,
                                                operative for 30 days from the date on                  including whether the proposed rule                    Assistant Secretary.
                                                which it was filed, or such shorter time                change is consistent with the Act.
                                                                                                                                                               [FR Doc. 2018–12854 Filed 6–14–18; 8:45 am]
                                                as the Commission may designate, if                     Comments may be submitted by any of
                                                consistent with the protection of                       the following methods:                                 BILLING CODE 8011–01–P

                                                investors and the public interest, the
                                                proposed rule change has become                         Electronic Comments
                                                effective pursuant to Section 19(b)(3)(A)                 • Use the Commission’s internet                      SECURITIES AND EXCHANGE
                                                of the Act 8 and Rule 19b–4(f)(6)                       comment form (http://www.sec.gov/                      COMMISSION
                                                thereunder.9                                            rules/sro.shtml); or
                                                   A proposed rule change filed under                     • Send an email to rule-comments@                    [Release No. 34–83402; File No. SR–
                                                Rule 19b–4(f)(6) 10 normally does not                   sec.gov. Please include File Number SR–                NYSEAMER–2018–23]
                                                become operative for 30 days after the                  NASDAQ–2018–040 on the subject line.
                                                date of filing. However, pursuant to                                                                           Self-Regulatory Organizations; NYSE
                                                                                                        Paper Comments
                                                Rule 19b–4(f)(6)(iii),11 the Commission                                                                        American LLC; Notice of Filing and
                                                may designate a shorter time if such                       • Send paper comments in triplicate                 Immediate Effectiveness of Proposed
                                                action is consistent with the protection                to Secretary, Securities and Exchange                  Change To Amend the NYSE American
                                                of investors and the public interest. The               Commission, 100 F Street NE,                           Equities Price List and the NYSE
                                                Exchange has asked the Commission to                    Washington, DC 20549–1090.                             American Options Fee Schedule
                                                waive the 30-day operative delay so that                All submissions should refer to File                   Related to Co-Location Services in
                                                the proposal may become operative                       Number SR–NASDAQ–2018–040. This                        Connection With the Re-Launch of
                                                upon filing. The Exchange states that                   file number should be included on the                  Trading on NYSE National, Inc. and
                                                such waiver will allow it to update its                 subject line if email is used. To help the             Proposed NYSE National Co-Location
                                                rules to provide more detail regarding                  Commission process and review your                     Services
                                                its data offerings and properly reflect                 comments more efficiently, please use
                                                the manner in which an OTTO Port is                     only one method. The Commission will                   June 11, 2018.
                                                currently billed. The Exchange believes                 post all comments on the Commission’s                     Pursuant to Section 19(b)(1) 1 of the
                                                this will further the protection of                     internet website (http://www.sec.gov/                  Securities Exchange Act of 1934 (the
                                                investors and the public interest                       rules/sro.shtml). Copies of the                        ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                because it will provide greater                         submission, all subsequent                             notice is hereby given that, on May 30,
                                                transparency as to the data offerings                   amendments, all written statements                     2018, NYSE American LLC (the
                                                available to members and avoid                          with respect to the proposed rule                      ‘‘Exchange’’ or ‘‘NYSE American’’) filed
                                                confusion by correcting an error on its                 change that are filed with the                         with the Securities and Exchange
                                                fee schedule. For this reason, the                      Commission, and all written                            Commission (the ‘‘Commission’’) the
                                                Commission believes that waiving the                    communications relating to the                         proposed rule change as described in
                                                                                                        proposed rule change between the                       Items I and II below, which Items have
                                                  8 15  U.S.C. 78s(b)(3)(A).                            Commission and any person, other than                  been prepared by the self-regulatory
                                                  9 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–     those that may be withheld from the                    organization. The Commission is
                                                4(f)(6)(iii) requires the Exchange to give the          public in accordance with the
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                                                Commission written notice the Exchange’s intent to                                                             publishing this notice to solicit
                                                file the proposed rule change, along with a brief       provisions of 5 U.S.C. 552, will be                    comments on the proposed rule change
                                                description and text of the proposed rule change at     available for website viewing and                      from interested persons.
                                                least five business days prior to the date of filing
                                                of the proposed rule change, or such shorter time          12 For purposes only of waiving the 30-day
                                                                                                                                                                 13 17 CFR 200.30–3(a)(12).
                                                as designated by the Commission. The Exchange           operative delay, the Commission has also
                                                has satisfied this requirement.                         considered the proposed rule’s impact on
                                                                                                                                                                 1 15 U.S.C. 78s(b)(1).
                                                   10 17 CFR 240.19b–4(f)(6).                                                                                    2 15 U.S.C. 78a.
                                                                                                        efficiency, competition, and capital formation. See
                                                   11 17 CFR 240.19b–4(f)(6)(iii).                      15 U.S.C. 78c(f).                                        3 17 CFR 240.19b–4.




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                                                28042                           Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

                                                I. Self-Regulatory Organization’s                       parent of the Exchange, acquired all of                  NYSE American Equities Price List shall not
                                                Statement of the Terms of Substance of                  the outstanding capital stock of NYSE                    be subject to co-location fees for the same co-
                                                the Proposed Rule Change                                National through its wholly-owned                        location service charged pursuant to the
                                                                                                                                                                 NYSE American Options Fee Schedule or by
                                                   The Exchange proposes to amend the                   subsidiary NYSE Group.5 As a result,
                                                                                                                                                                 the Exchange’s affiliates New York Stock
                                                NYSE American Equities Price List                       NYSE National is an affiliate of the                     Exchange LLC (NYSE), [and] NYSE Arca, Inc.
                                                (‘‘Price List’’) and the NYSE American                  Exchange. On February 1, 2017, NYSE                      (NYSE Arca) and NYSE National, Inc. (NYSE
                                                Options Fee Schedule (‘‘Fee Schedule’’)                 National ceased trading operations.6                     National).
                                                related to co-location services in                         NYSE National filed proposed rule
                                                                                                                                                                   The Exchange proposes to add NYSE
                                                connection with the re-launch of trading                changes to re-launch trading
                                                                                                                                                                 National to General Note 1 to the Fee
                                                on NYSE National, Inc. (‘‘NYSE                          operations.7 NYSE National has stated
                                                                                                                                                                 Schedule, as follows (additions
                                                National’’) and proposed NYSE National                  that it anticipates re-launching trading
                                                                                                        operations in the second quarter of                      underlined, deletions in brackets):
                                                co-location services. The Exchange also                                                                             A User that incurs co-location fees for a
                                                proposes to make a non-substantive                      2018. In connection with the anticipated
                                                                                                        re-launch of NYSE National’s trading                     particular co-location service pursuant to this
                                                change to remove obsolete text from the                                                                          Fee Schedule shall not be subject to co-
                                                Price List and Fee Schedule. The                        operations, NYSE National has filed a
                                                                                                                                                                 location fees for the same co-location service
                                                proposed change is available on the                     proposed rule change to offer the same                   charged pursuant to the NYSE American
                                                Exchange’s website at www.nyse.com, at                  co-location services and fees offered by                 Equities Price List or by the Exchange’s
                                                the principal office of the Exchange, and               the Exchange, the New York Stock                         affiliates New York Stock Exchange LLC
                                                at the Commission’s Public Reference                    Exchange LLC (‘‘NYSE LLC’’) and NYSE                     (NYSE), [and] NYSE Arca, Inc. (NYSE Arca)
                                                Room.                                                   Arca, Inc. (‘‘NYSE Arca’’ and, together                  and NYSE National, Inc. (NYSE National).
                                                                                                        with NYSE LLC, the ‘‘Affiliate SROs’’),                    By including the proposed reference
                                                II. Self-Regulatory Organization’s                      which are its affiliates.8                               to NYSE National, General Note 1
                                                Statement of the Purpose of, and                           The Exchange requests that the                        would provide that the fees a User pays
                                                Statutory Basis for, the Proposed Rule                  proposed rule change become both                         for co-location services would not
                                                Change                                                  effective and operative immediately                      depend on whether the User connects to
                                                   In its filing with the Commission, the               upon filing.9                                            none, one, some, or all of the Exchange,
                                                self-regulatory organization included                   General Note 1                                           the Affiliate SROs, and NYSE National.
                                                statements concerning the purpose of,
                                                                                                          General Note 1 of the Price List and                   General Note 4
                                                and basis for, the proposed rule change
                                                                                                        Fee Schedule provides that a User 10                        General Note 4 of the Price List and
                                                and discussed any comments it received
                                                                                                        that incurs co-location fees for a                       Fee Schedule provides that, when a
                                                on the proposed rule change. The text
                                                                                                        particular co-location service shall not                 User purchases access to the Liquidity
                                                of those statements may be examined at
                                                                                                        be subject to co-location fees for the                   Center Network (‘‘LCN’’) or the internet
                                                the places specified in Item IV below.
                                                                                                        same co-location service charged by the
                                                The Exchange has prepared summaries,                                                                             protocol (‘‘IP’’) network, the two local
                                                                                                        other Affiliate SROs.11 The Exchange
                                                set forth in sections A, B, and C below,                                                                         area networks available in the data
                                                                                                        proposes to add NYSE National to
                                                of the most significant parts of such                                                                            center,12 a User receives (a) the ability
                                                                                                        General Note 1 to the Price List, as
                                                statements.                                                                                                      to access the trading and execution
                                                                                                        follows (additions underlined, deletions
                                                                                                                                                                 systems of the Exchange and Affiliate
                                                A. Self-Regulatory Organization’s                       in brackets):
                                                                                                                                                                 SROs, and (b) connectivity to any of the
                                                Statement of the Purpose of, and the                      A User that incurs co-location fees for a
                                                Statutory Basis for, the Proposed Rule                                                                           listed data products (‘‘Included Data
                                                                                                        particular co-location service pursuant to the           Products’’) that it selects.
                                                Change
                                                                                                                                                                    The Exchange proposes to add NYSE
                                                                                                           5 See Securities Exchange Act Release No. 79902
                                                1. Purpose                                                                                                       National to the list of trading and
                                                                                                        (January 30, 2017), 82 FR 9258 (February 3, 2017)
                                                   The Exchange proposes to amend the                   (SR–NSX–2016–16). Prior to its acquisition, NYSE         execution system providers in the first
                                                Price List and Fee Schedule related to                  National was named ‘‘National Stock Exchange,            sentence of the first paragraph, thereby
                                                                                                        Inc.’’                                                   expanding the definition of ‘‘Exchange
                                                co-location 4 services in connection with                  6 See Securities Exchange Act Release No. 80018
                                                the re-launch of trading on NYSE                                                                                 Systems’’ which Users may access to
                                                                                                        (February 10, 2017), 82 FR 10947 (February 16,
                                                National and proposed NYSE National                     2017) (SR–NSX–2017–04).                                  include NYSE National. It also proposes
                                                co-location services. Specifically, the                    7 See Securities Exchange Act Release No. 83289       to add NYSE National to the lists of
                                                Exchange proposes to make changes to                    (May 17, 2018) (notice of filing of Amendment No.        affiliated entities in the first, third and
                                                                                                        1 and order granting accelerated approval of a           fourth sentences. The proposed changes
                                                General Note 1 and General Note 4 of                    proposed rule change, as amended by Amendment
                                                the Price List and Fee Schedule to add                  No. 1, to support the re-launch of NYSE National,        are as follows (additions underlined,
                                                references to NYSE National. The                        Inc. on the Pillar Trading Platform) (‘‘NYSE             deletions in brackets):
                                                                                                        National Trading Rules Approval’’). See also
                                                Exchange also proposes to make a non-                   Securities Exchange Act Release No. 82819 (March           When a User purchases access to the LCN
                                                substantive change to remove obsolete                   7, 2018), 83 FR 11098 (March 13, 2018) (SR–              or IP network, it receives the ability to access
                                                text from the Price List and Fee                        NYSENat–2018–02).                                        the trading and execution systems of the
                                                Schedule, with respect to the wireless                     8 See SR–NYSENat–2018–07 (May 18, 2018).              NYSE, NYSE American, [and] NYSE Arca
                                                connection to third party data provided                    9 See NYSE National Trading Rules Approval,           and NYSE National (Exchange Systems),
                                                                                                        supra note 7.                                            subject, in each case, to authorization by the
                                                by the Toronto Stock Exchange (‘‘TSX’’).                   10 For purposes of the Exchange’s co-location         NYSE, NYSE American, [or] NYSE Arca or
                                                   On January 31, 2017, Intercontinental                services, a ‘‘User’’ means any market participant        NYSE National, as applicable. Such access
                                                Exchange, Inc. (‘‘ICE’’), the indirect                  that requests to receive co-location services directly   includes access to the customer gateways that
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                                                                                                        from the Exchange. See Securities Exchange Act           provide for order entry, order receipt (i.e.
                                                  4 The Exchange initially filed rule changes           Release No. 76009 (September 29, 2015), 80 FR            confirmation that an order has been
                                                relating to its co-location services with the           60213 (October 5, 2015) (SR–NYSEMKT–2015–67).
                                                                                                           11 See Securities Exchange Act Release No. 70176
                                                                                                                                                                 received), receipt of drop copies and trade
                                                Commission in 2010. See Securities Exchange Act
                                                                                                        (August 13, 2013), 78 FR 50471 (August 19, 2013)
                                                                                                                                                                 reporting (i.e. whether a trade is executed or
                                                Release No. 62961 (September 21, 2010), 75 FR
                                                59299 (September 27, 2010) (SR–NYSEAmex–2010–           (SR–NYSEMKT–2013–67). Some Users do not
                                                80). The Exchange operates a data center in             connect to the Exchange or the Affiliate SROs, but          12 See Securities Exchange Act Release No. 79728

                                                Mahwah, New Jersey (the ‘‘data center’’) from           rather provide services to other Users co-located at     (January 4, 2017), 82 FR 3035 (January 10, 2017)
                                                which it provides co-location services to Users.        the data center. Id.                                     (SR–NYSEMKT–2016–126).



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                                                                                  Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices                                           28043

                                                cancelled), as well as for sending information               The proposed change is not otherwise               from multiple fees despite only
                                                to shared data services for clearing and                   intended to address any other issues                 providing a service once.
                                                settlement. A User can change the access it                relating to co-location services and/or                 The Exchange believes that the
                                                receives at any time, subject to authorization             related fees, and the Exchange is not
                                                by NYSE, NYSE American, [or] NYSE Arca,
                                                                                                                                                                proposed amendments would remove
                                                or NYSE National. NYSE, NYSE American,
                                                                                                           aware of any problems that Users would               impediments to, and perfect the
                                                [and ]NYSE Arca and NYSE National also                     have in complying with the proposed                  mechanisms of, a free and open market
                                                offer access to Exchange Systems to their                  change.                                              and a national market system and, in
                                                members, such that a User does not have to                 2. Statutory Basis                                   general, protect investors and the public
                                                purchase access to the LCN or IP network to                                                                     interest because the amendments would
                                                obtain access to Exchange Systems.                            The Exchange believes that the                    update General Note 4 to reflect NYSE
                                                  In addition, the Exchange proposes to                    proposal is consistent with Section 6(b)             National’s provision of co-location
                                                add NYSE National to the table of                          of the Act,15 in general, and furthers the           services. By expanding the definition of
                                                Included Data Products set forth in                        objectives of Section 6(b)(5) of the Act,16          ‘‘Exchange Systems’’ to include the
                                                General Note 4.                                            in particular, because it is designed to             NYSE National trading and execution
                                                                                                           prevent fraudulent and manipulative                  system, incorporating references to
                                                Toronto Stock Exchange                                     acts and practices, to promote just and              NYSE National, and adding NYSE
                                                   The Exchange offers Users the option                    equitable principles of trade, to foster             National to the list of Included Data
                                                to receive certain market data feeds from                  cooperation and coordination with                    Products, the Exchange would provide
                                                third party markets through a wireless                     persons engaged in regulating, clearing,             market participants with clarity as to
                                                connection. The description of the                         settling, processing information with                what access and connectivity a User
                                                charge for the TSX wireless connection                     respect to, and facilitating transactions            receives when it purchases access to the
                                                in the Price List and Fee Schedule states                  in securities, to remove impediments to,             LCN or IP network, thereby making the
                                                that ‘‘[c]ustomers with an existing                        and perfect the mechanisms of, a free                description more accessible and
                                                wireless connection to TSX at the time                     and open market and a national market                transparent.
                                                the Exchange makes the service                             system and, in general, to protect                      Further, the Exchange believes that
                                                available will not be subject to an initial                investors and the public interest and                revising General Note 4 to provide a
                                                charge or receive 30-day testing period.’’                 because it is not designed to permit                 more detailed description of the access
                                                Because the wireless connection to the                     unfair discrimination between                        and connectivity to NYSE National that
                                                TSX has become effective, the statement                    customers, issuers, brokers, or dealers.             Users would receive with their purchase
                                                is obsolete. Accordingly, the Exchange                        The Exchange believes that the                    of access to the LCN or IP network
                                                proposes to delete the statement from                      proposed change would remove                         would promote just and equitable
                                                the Price List and Fee Schedule.                           impediments to, and perfect the                      principles of trade and remove
                                                                                                           mechanisms of, a free and open market                impediments to, and perfect the
                                                General                                                                                                         mechanisms of, a free and open market
                                                                                                           and a national market system and, in
                                                  As is the case with all Exchange co-                     general, protect investors and the public            and a national market system as it
                                                location arrangements, (i) neither a User                  interest because the amendments would                would make clear that all Users that
                                                nor any of the User’s customers would                      update General Note 1 to reflect NYSE                voluntarily select to access the LCN or
                                                be permitted to submit orders directly to                  National’s provision of co-location                  IP network would receive the same
                                                the Exchange unless such User or                           services. By including the proposed                  access to the NYSE National trading and
                                                customer is a member organization, a                       reference to NYSE National, General                  execution systems and connectivity to
                                                Sponsored Participant or an agent                          Note 1 would provide that the fees a                 NYSE National data and would not be
                                                thereof (e.g., a service bureau providing                  User pays for co-location services would             subject to a charge above and beyond
                                                order entry services); (ii) use of the co-                 not depend on whether the User                       the fee paid for the relevant LCN or IP
                                                location services proposed herein would                    connects to none, one, some, or all of               network access. In addition, a User
                                                be completely voluntary and available                      the Exchange, the Affiliate SROs, and                would not be required to use any of its
                                                to all Users on a non-discriminatory                       NYSE National. For example, to charge                bandwidth to access the NYSE National
                                                basis; 13 and (iii) a User would only                      one User three times for a cage because              trading and execution system or connect
                                                incur one charge for the particular co-                    that User connects to the Exchange,                  to NYSE National data unless it wishes
                                                location service described herein,                         NYSE National, and an Affiliate SRO,                 to do so. A User only receives the access
                                                regardless of whether the User connects                    when another User that buys the same                 to Exchange Systems and connectivity
                                                only to the Exchange or to the Exchange,                   size cage and only connects to the                   to Included Data Products that it selects,
                                                one or both of its Affiliate SROs, or                      Exchange only pays once, would not                   and a User can change such access or
                                                NYSE National.14                                           promote just and equitable principles of             connectivity it receives at any time,
                                                                                                           trade. The Exchange also believes that               subject to authorization from the data
                                                  13 As is currently the case, Users that receive co-
                                                                                                           the proposed amendments to General                   provider or relevant Exchange or
                                                location services from the Exchange will not receive
                                                                                                           Note 1 are not designed to permit unfair             Affiliate SRO.
                                                any means of access to the Exchange’s trading and                                                                  The Exchange believes that the non-
                                                execution systems that is separate from, or superior       discrimination between customers,
                                                to, that of other Users. In this regard, all orders sent   issuers, brokers, or dealers because                 substantive change to remove obsolete
                                                to the Exchange enter the Exchange’s trading and           charging a User for co-location services             text with respect to the wireless
                                                execution systems through the same order gateway,
                                                                                                           based on how many markets to which                   connection to TSX data would remove
                                                regardless of whether the sender is co-located in the                                                           impediments to, and perfect the
sradovich on DSK3GMQ082PROD with NOTICES




                                                data center or not. In addition, co-located Users do       a User connects could result in the
                                                not receive any market data or data service product        Exchange, NYSE National and the                      mechanisms of, a free and open market
                                                that is not available to all Users, although Users that    Affiliate SROs receiving the proceeds                and a national market system and, in
                                                receive co-location services normally would expect                                                              general, protect investors and the public
                                                reduced latencies in sending orders to, and                                                                     interest because the amendment would
                                                receiving market data from, the Exchange.                  described herein. See SR–NYSE–2018–23 and SR–
                                                  14 See 78 FR 50471, supra note 11, at 50471. The         NYSEArca–2018–36.                                    clarify Exchange rules and alleviate any
                                                Affiliate SROs have also submitted substantially the         15 15 U.S.C. 78f(b).                               possible market participant confusion
                                                same proposed rule change to propose the changes             16 15 U.S.C. 78f(b)(5).                            caused by the obsolete reference.


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                                                28044                              Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

                                                   The Exchange also believes that the                     products and services are available to all             19(b)(3)(A)(iii) of the Act 19 and Rule
                                                proposed fee change is consistent with                     Users).                                                19b–4(f)(6) thereunder.20 Because the
                                                Section 6(b)(4) of the Act,17 in                              The Exchange believes that the                      proposed rule change does not: (i)
                                                particular, because it provides for the                    proposed change would not impose any                   Significantly affect the protection of
                                                equitable allocation of reasonable dues,                   burden on competition that is not                      investors or the public interest; (ii)
                                                fees, and other charges among its                          necessary or appropriate in furtherance                impose any significant burden on
                                                members, issuers and other persons                         of the purposes of the Act because the                 competition; and (iii) become operative
                                                using its facilities and does not unfairly                 change would result in the Exchange                    prior to 30 days from the date on which
                                                discriminate between customers,                            offering co-location services related to               it was filed, or such shorter time as the
                                                issuers, brokers or dealers.                               access and connectivity to NYSE                        Commission may designate, if
                                                   The Exchange believes that the                          National, an affiliate of the Exchange, on             consistent with the protection of
                                                proposed change provides for the                           the same terms and in the same manner                  investors and the public interest, the
                                                equitable allocation of reasonable dues,                   as it offers access and connectivity to                proposed rule change has become
                                                fees, and other charges among its                          the Exchange and the Affiliate SROs. By                effective pursuant to Section 19(b)(3)(A)
                                                members, issuers and other persons                         adding NYSE National to General Notes                  of the Act and Rule 19b–4(f)(6)(iii)
                                                using its facilities and does not unfairly                 1 and 4, the proposed change would                     thereunder.21
                                                discriminate between customers,                            ensure that the fees a User pays for co-                  A proposed rule change filed under
                                                issuers, brokers or dealers, because the                   location services would not depend on                  Rule 19b–4(f)(6) 22 normally does not
                                                change would result in the Exchange                        whether the User connects only to none,                become operative prior to 30 days after
                                                offering co-location services related to                   one or more of the Exchange, the SRO                   the date of the filing. However, pursuant
                                                access and connectivity to NYSE                            Affiliates and NYSE National. Further,                 to Rule 19b4(f)(6)(iii),23 the Commission
                                                National, an affiliate of the Exchange, on                 the Exchange believes that revising                    may designate a shorter time if such
                                                the same terms and in the same manner                      General Note 4 to provide a more                       action is consistent with the protection
                                                as it offers access and connectivity to                    detailed description of the access and                 of investors and the public interest. The
                                                the Exchange and the Affiliate SROs. By                    connectivity to NYSE National that                     Exchange requests that the Commission
                                                adding NYSE National to General Notes                      Users would receive with their purchase                waive the 30-day operative delay so that
                                                1 and 4, the proposed change would                         of access to the LCN or IP network                     the proposed rule changes may become
                                                ensure that the fees a User pays for co-                   would make clear that all Users that                   operative immediately upon filing. The
                                                location services would not depend on                      voluntarily select to access the LCN or                Exchange believes that waiver of the
                                                whether the User connects to none, one                     IP network would receive the same                      operative delay is consistent with the
                                                or more of the Exchange, the SRO                           access to the NYSE National trading and                protection of investors and the public
                                                Affiliates and NYSE National. For                          execution systems and connectivity to                  interest because it would allow the
                                                example, a User that connects to the                       NYSE National data and would not be                    Exchange to offer co-location services
                                                Exchange, NYSE National, and an                            subject to a charge above and beyond                   related to access and connectivity to
                                                Affiliate SRO, and another User that                       the fee paid for the relevant LCN or IP                NYSE National to coincide with the
                                                only connects to the Exchange, would                       network access.                                        relaunch of the NYSE National and its
                                                both receive the same services for the                                                                            proposed co-location services. The
                                                                                                              In addition, a User would not be
                                                same fee, including the same access and                                                                           Exchange also notes that waiver would
                                                                                                           required to use any of its bandwidth to
                                                connectivity with their purchase of                                                                               alleviate the possibility of confusion
                                                                                                           access the NYSE National trading and
                                                access to the LCN or IP network.                                                                                  that could be caused by inconsistencies
                                                                                                           execution system or connect to NYSE
                                                   The Exchange believes that the                                                                                 between the Exchange’s Price List and
                                                                                                           National data unless it wishes to do so.
                                                proposed non-substantive change to                                                                                NYSE National co-location services that
                                                                                                              The Exchange believes that the non-
                                                remove obsolete text with respect to the                                                                          are to be included in NYSE National’s
                                                                                                           substantive change to remove obsolete
                                                wireless connection to TSX data would                                                                             price list. The Commission believes that
                                                                                                           text with respect to the wireless
                                                be reasonable because the change would                                                                            waiving the 30-day operative delay is
                                                                                                           connection to TSX data would not
                                                have no impact on pricing. Rather, the                                                                            consistent with the protection of
                                                                                                           impose any burden on competition that
                                                change would remove obsolete                                                                                      investors and the public interest as it
                                                                                                           is not necessary or appropriate in
                                                information from the description of the                                                                           would allow the Exchange to offer co-
                                                                                                           furtherance of the purposes of the Act
                                                pricing for the service, alleviating                                                                              locations services in the form of access
                                                                                                           because it would have no impact on
                                                possible market participant confusion.                                                                            and connectivity to NYSE National
                                                   For these reasons, the Exchange                         pricing or existing services. Rather, the
                                                                                                                                                                  without undue delay. Accordingly, the
                                                believes that the proposal is consistent                   change would remove obsolete
                                                                                                                                                                  Commission waives the 30-day
                                                with the Act.                                              information from the description of the
                                                                                                                                                                  operative delay and designates the
                                                                                                           pricing for the service, alleviating
                                                B. Self-Regulatory Organization’s                                                                                 proposed rule change operative upon
                                                                                                           possible market participant confusion.
                                                Statement on Burden on Competition                                                                                filing.24
                                                                                                           C. Self-Regulatory Organization’s
                                                  In accordance with Section 6(b)(8) of                    Statement on Comments on the                             19 15  U.S.C. 78s(b)(3)(A)(iii).
                                                the Act,18 the Exchange believes that the                  Proposed Rule Change Received From                       20 17  CFR 240.19b–4(f)(6).
                                                proposed rule change will not impose                       Members, Participants, or Others
                                                                                                                                                                    21 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–

                                                any burden on competition that is not                                                                             4(f)(6) requires the Exchange to give the
                                                                                                             No written comments were solicited                   Commission written notice of its intent to file the
                                                necessary or appropriate in furtherance                                                                           proposed rule change, along with a brief description
                                                                                                           or received with respect to the proposed
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                                                of the purposes of the Act because, in                                                                            and text of the proposed rule change, at least five
                                                addition to the use of co-location                         rule change.                                           business days prior to the date of filing of the
                                                services being completely voluntary,                                                                              proposed rule change, or such shorter time as
                                                                                                           III. Date of Effectiveness of the                      designated by the Commission. The Exchange has
                                                they are available to all Users on an                      Proposed Rule Change and Timing for                    satisfied this requirement.
                                                equal basis (i.e., the same range of                       Commission Action                                        22 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                    23 17 CFR 240.19b–4(f)(6)(iii).
                                                  17 15   U.S.C. 78f(b)(4).                                  The Exchange has filed the proposed                    24 For purposes only of waiving the 30-day
                                                  18 15   U.S.C. 78f(b)(8).                                rule change pursuant to Section                        operative delay, the Commission has considered the



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                                                                                Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices                                                      28045

                                                   At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of the                 I. Self-Regulatory Organization’s
                                                filing of such proposed rule change, the                filing also will be available for                      Statement of the Terms of Substance of
                                                Commission summarily may                                inspection and copying at the principal                the Proposed Rule Change
                                                temporarily suspend such rule change if                 office of the Exchange. All comments
                                                it appears to the Commission that such                                                                            FINRA is proposing to update the
                                                                                                        received will be posted without change.                2002 security futures risk disclosure
                                                action is necessary or appropriate in the               Persons submitting comments are
                                                public interest, for the protection of                                                                         statement (‘‘2002 Statement’’ or
                                                                                                        cautioned that we do not redact or edit                ‘‘Statement’’) 4 that would incorporate
                                                investors, or otherwise in furtherance of               personal identifying information from
                                                the purposes of the Act. If the                                                                                prior supplements pertaining to
                                                                                                        comment submissions. You should                        Sections 5.2 (Settlement by Physical
                                                Commission takes such action, the                       submit only information that you wish
                                                Commission shall institute proceedings                                                                         Delivery) and 8.1 (Corporate Events),5
                                                                                                        to make available publicly. All                        make a technical change to Section 5.2
                                                under Section 19(b)(2)(B) 25 of the Act to              submissions should refer to File
                                                determine whether the proposed rule                                                                            to reflect that the normal clearance and
                                                                                                        Number SR–NYSEAMER–2018–23 and                         settlement cycle for securities
                                                change should be approved or                            should be submitted on or before July 6,
                                                disapproved.                                                                                                   transaction is now two business days,
                                                                                                        2018.                                                  amend Section 6.1 (Protections for
                                                IV. Solicitation of Comments                              For the Commission, by the Division of               Securities Accounts) to reflect the
                                                  Interested persons are invited to                     Trading and Markets, pursuant to delegated             current address for the Securities
                                                submit written data, views, and                         authority.26                                           Investor Protection Corporation
                                                arguments concerning the foregoing,                     Eduardo A. Aleman,
                                                                                                                                                               (‘‘SIPC’’), and make other non-
                                                including whether the proposed rule                                                                            substantive and technical changes.
                                                                                                        Assistant Secretary.
                                                change is consistent with the Act.                                                                             FINRA is not proposing any textual
                                                                                                        [FR Doc. 2018–12851 Filed 6–14–18; 8:45 am]            changes to FINRA rules.
                                                Comments may be submitted by any of
                                                                                                        BILLING CODE 8011–01–P
                                                the following methods:                                                                                            The proposed updated Statement is
                                                                                                                                                               attached as Exhibit 3a. The proposed
                                                Electronic Comments                                                                                            supplement pertaining to changes to the
                                                   • Use the Commission’s internet                      SECURITIES AND EXCHANGE                                specified paragraphs under Sections 5.2
                                                comment form (http://www.sec.gov/                       COMMISSION                                             and 6.1, and the proposed non-
                                                rules/sro.shtml); or                                                                                           substantive and technical changes to the
                                                   • Send an email to rule-comments@                    [Release No. 34–83407; File No. SR–FINRA–              other Sections as described herein are
                                                sec.gov. Please include File Number SR–                 2018–024]                                              attached as Exhibit 3b.
                                                NYSEAMER–2018–23 on the subject                                                                                   The text [sic] of the proposed rule
                                                line.                                                   Self-Regulatory Organizations;                         change is available on FINRA’s website
                                                                                                        Financial Industry Regulatory                          at http://www.finra.org, at the principal
                                                Paper Comments
                                                                                                        Authority, Inc.; Notice of Filing and                  office of FINRA and at the
                                                   • Send paper comments in triplicate                  Immediate Effectiveness of a Proposed                  Commission’s Public Reference Room.
                                                to Brent J. Fields, Secretary, Securities               Rule Change To Amend Security
                                                and Exchange Commission, 100 F Street                   Futures Risk Disclosure Statement To                   II. Self-Regulatory Organization’s
                                                NE, Washington, DC 20549–1090.                          Reflect the T+2 Settlement Cycle,                      Statement of the Purpose of, and
                                                All submissions should refer to File                    Incorporate Prior Supplements, and                     Statutory Basis for, the Proposed Rule
                                                Number SR–NYSEAMER–2018–23. This                        Make Other Non-Substantive Changes                     Change
                                                file number should be included on the
                                                                                                        June 11, 2018.                                           In its filing with the Commission,
                                                subject line if email is used. To help the
                                                                                                                                                               FINRA included statements concerning
                                                Commission process and review your                         Pursuant to Section 19(b)(1) of the                 the purpose of and basis for the
                                                comments more efficiently, please use                   Securities Exchange Act of 1934                        proposed rule change and discussed any
                                                only one method. The Commission will                    (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                comments it received on the proposed
                                                post all comments on the Commission’s                   notice is hereby given that on June 7,                 rule change. The text of these statements
                                                internet website (http://www.sec.gov/                   2018, Financial Industry Regulatory                    may be examined at the places specified
                                                rules/sro.shtml). Copies of the                         Authority, Inc. (‘‘FINRA’’) filed with the             in Item IV below. FINRA has prepared
                                                submission, all subsequent
                                                                                                        Securities and Exchange Commission                     summaries, set forth in sections A, B,
                                                amendments, all written statements
                                                                                                        (‘‘SEC’’ or ‘‘Commission’’) the proposed               and C below, of the most significant
                                                with respect to the proposed rule
                                                                                                        rule change as described in Items I, II,               aspects of such statements.
                                                change that are filed with the
                                                                                                        and III below, which Items have been                   A. Self-Regulatory Organization’s
                                                Commission, and all written
                                                communications relating to the                          prepared by FINRA. FINRA has                           Statement of the Purpose of, and
                                                proposed rule change between the                        designated the proposed rule change as                 Statutory Basis for, the Proposed Rule
                                                Commission and any person, other than                   constituting a non-controversial rule                  Change
                                                those that may be withheld from the                     change under paragraph (f)(6) of Rule
                                                                                                        19b–4 under the Act,3 which renders                    1. Purpose
                                                public in accordance with the
                                                provisions of 5 U.S.C. 552, will be                     the proposal effective upon receipt of                   Rule 2370(b)(11)(A) requires a
                                                available for website viewing and                       this filing by the Commission. The                     member to deliver the current security
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                                                printing in the Commission’s Public                     Commission is publishing this notice to                futures risk disclosure statement to each
                                                Reference Room, 100 F Street NE,                        solicit comments on the proposed rule                  customer at or prior to the time such
                                                Washington, DC 20549 on official                        change from interested persons.                        customer’s account is approved for
                                                business days between the hours of
                                                                                                          26 17 CFR 200.30–3(a)(12).                             4 See infra note 8.
                                                                                                          1 15 U.S.C. 78s(b)(1).
                                                proposed rule’s impact on efficiency, competition,                                                               5 See infra notes 10 and 11. The Commission
                                                and capital formation. See 15 U.S.C. 78c(f).              2 17 CFR 240.19b–4.
                                                                                                                                                               notes that the exhibits referenced are exhibits to the
                                                  25 15 U.S.C. 78s(b)(2)(B).                              3 17 CFR 240.19b–4(f)(6).                            proposed rule change, not to this Notice.



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Document Created: 2018-11-02 12:01:05
Document Modified: 2018-11-02 12:01:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 28041 

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