83 FR 5494 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide Users With Access to Two Additional Third Party Systems and Connectivity to One Additional Third Party Data Feed
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 26 (February 7, 2018)
Federal Register Volume 83, Issue 26 (February 7, 2018)
| Page Range | 5494-5499 | |
| FR Document | 2018-02400 |
[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)] [Notices] [Pages 5494-5499] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02400] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82618; File No. SR-NYSEAMER-2018-02] Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide Users With Access to Two Additional Third Party Systems and Connectivity to One Additional Third Party Data Feed February 1, 2018. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that on January [[Page 5495]] 19, 2018, NYSE American LLC (``Exchange'' or ``NYSE American'') filed with the Securities and Exchange Commission (``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. --------------------------------------------------------------------------- \1\ 15 U.S.C.78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to provide Users with access to two additional third party systems and connectivity to one additional third party data feed. In addition, the Exchange proposes to change its NYSE American Equities Price List (``Price List'') and the NYSE American Options Fee Schedule (``Fee Schedule'') related to these co-location services, and to update its Price List and Fee Schedule to eliminate obsolete text. The proposed rule change is available on the Exchange's website at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. 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 co-location \4\ services offered by the Exchange to provide Users \5\ with access to two additional third party systems and connectivity to one additional third party data feed. In addition the Exchange proposes to make the corresponding changes to the Exchange's Price List and Fee Schedule related to these co-location services, and to update its Price List and Fee Schedule to eliminate obsolete text. --------------------------------------------------------------------------- \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 ``Original Co- location Filing''). The Exchange operates a data center in Mahwah, New Jersey (the ``data center'') from which it provides co-location services to Users. \5\ For purposes of the Exchange's co-location services, a ``User'' means any market participant that requests to receive co- location services directly from the Exchange. See Securities Exchange Act Release No. 76009 (September 29, 2015), 80 FR 60213 (October 5, 2015) (SR-NYSEMKT-2015-67). As specified in the Price List and Fee Schedule, a User that incurs co-location fees for a particular co-location service pursuant thereto would not be subject to co-location fees for the same co-location service charged by the Exchange's affiliates New York Stock Exchange LLC (``NYSE LLC'') and NYSE Arca, Inc. (``NYSE Arca'' and, together with NYSE LLC, the ``Affiliate SROs''). See Securities Exchange Act Release No. 70176 (August 13, 2013), 78 FR 50471 (August 19, 2013) (SR-NYSEMKT-2013- 67). --------------------------------------------------------------------------- As set forth in the Price List and Fee Schedule, the Exchange charges fees for connectivity to the execution systems of third party markets and other content service providers (``Third Party Systems''), and data feeds from third party markets and other content service providers (``Third Party Data Feeds'').\6\ The lists of Third Party Systems and Third Party Data Feeds are set forth in the Price List and Fee Schedule. --------------------------------------------------------------------------- \6\ See Securities Exchange Act Release No. 80309 (March 24, 2017), 82 FR 15725 (March 30, 2017) (SR-NYSEMKT-2016-63). --------------------------------------------------------------------------- The Exchange now proposes to make the following changes:Add two content service providers to the list of Third Party Systems: Miami International Securities Exchange and MIAX PEARL (together, the ``Additional Third Party Systems'' or ``ATPS''); and add one feed to the list of Third Party Data Feeds: Miami International Securities Exchange/MIAX PEARL (the ``Additional Third Party Data Feed'' or ``ATPD''). The Exchange would provide access to the Additional Third Party Systems (``Access'') and connectivity to the Additional Third Party Data Feed (``Connectivity'') as conveniences to Users. Use of Access or Connectivity would be completely voluntary. The Exchange is not aware of any impediment to third parties offering Access or Connectivity. The Exchange does not have visibility into whether third parties currently offer, or intend to offer, Users access to the Additional Third Party Systems and connectivity to the Additional Third Party Data Feed, as such third parties are not required to make that information public. However, if one or more third parties presently offer, or in the future opt to offer, such Access and Connectivity to Users, a User may utilize the Secure Financial Transaction Infrastructure (``SFTI'') network, a third party telecommunication network, third party wireless network, a cross connect, or a combination thereof to access such services and products through a connection to an access center outside the data center (which could be a SFTI access center, a third-party access center, or both), another User, or a third party vendor. The proposed rule change would become operative when the Additional Third Party Systems and the Additional Third Party Data Feed become available, which is expected to be no later than March 31, 2018. The Exchange will announce the dates that each Product is available through customer notices disseminated to all Users simultaneously. Connectivity to Additional Third Party Systems The Exchange proposes to revise the Price List and Fee Schedule to provide that Users may obtain connectivity to the two Additional Third Party Systems for a fee. As with the current Third Party Systems, Users would connect to the Additional Third Party Systems over the internet protocol (``IP'') network, a local area network available in the data center.\7\ --------------------------------------------------------------------------- \7\ See Securities Exchange Act Release No. 74220 (February 6, 2015), 80 FR 7894 (February 12, 2015) (SR-NYSEMKT-2015-08) (notice of filing and immediate effectiveness of proposed rule change to include IP network connections). --------------------------------------------------------------------------- As with the current Third Party Systems, in order to obtain access to an Additional Third Party System, the User would enter into an agreement with the relevant third party content service provider, pursuant to which the third party content service provider would charge the User for access to the Additional Third Party System. The Exchange would then establish a unicast connection between the User and the relevant third party content service provider over the IP network.\8\ The Exchange would charge the User for the connectivity to the Additional Third Party System. A User would only receive, and only be charged for, access to Additional Third Party Systems for which it enters into agreements with the third party content service provider. --------------------------------------------------------------------------- \8\ Information flows over existing network connections in two formats: ``unicast'' format, which is a format that allows one-to- one communication, similar to a phone line, in which information is sent to and from the Exchange; and ``multicast'' format, which is a format in which information is sent one-way from the Exchange to multiple recipients at once, like a radio broadcast. --------------------------------------------------------------------------- The Exchange has no ownership interest in the Additional Third Party Systems. Establishing a User's access to an Additional Third Party System would not give the Exchange any right [[Page 5496]] to use the Additional Third Party Systems. Connectivity to an Additional Third Party System would not provide access or order entry to the Exchange's execution system, and a User's connection to an Additional Third Party System would not be through the Exchange's execution system. As with the existing connections to Third Party Systems, the Exchange proposes to charge a monthly recurring fee for connectivity to an Additional Third Party System. Specifically, when a User requests access to an Additional Third Party System, it would identify the applicable content service provider and what bandwidth connection it required. The Exchange proposes to modify its Price List and Fee Schedule to add the Additional Third Party Systems to its existing list of Third Party Systems. The additional items would be as follows: Third Party Systems ------------------------------------------------------------------------ ------------------------------------------------------------------------- Miami International Securities Exchange MIAX PEARL. ------------------------------------------------------------------------ The Exchange does not propose to change the monthly recurring fee the Exchange charges Users for unicast connectivity to each Third Party System, including the Additional Third Party Systems. Connectivity to Additional Third Party Data Feed The Exchange proposes to revise the Price List and Fee Schedule to provide that Users may obtain connectivity to the Additional Third Party Data Feed for a fee. The Exchange would receive the Additional Third Party Data Feed from the content service provider, at its data center. It would then provide connectivity to that data to Users for a fee. Users would connect to the Additional Third Party Data Feed over the IP network.\9\ --------------------------------------------------------------------------- \9\ See supra note 7, at 7894 (``The IP network also provides Users with access to away market data products''). --------------------------------------------------------------------------- In order to connect to the Additional Third Party Data Feed, a User would enter into a contract with the content service provider, pursuant to which the content service provider would charge the User for the Third Party Data Feed. The Exchange would receive the Third Party Data Feed over its fiber optic network and, after the content service provider and User entered into the contract and the Exchange received authorization from the content service provider, the Exchange would re- transmit the data to the User over the User's port. The Exchange would charge the User for the connectivity to the Additional Third Party Data Feed. A User would only receive, and would only be charged for, connectivity to the Additional Third Party Data Feed for which it entered into contracts. The Exchange has no affiliation with the seller of the Additional Third Party Data Feed. It would have no right to use the Additional Third Party Data Feed other than as a redistributor of the data. The Additional Third Party Data Feed would not provide access or order entry to the Exchange's execution system. The Additional Third Party Data Feed would not provide access or order entry to the execution systems of the third parties generating the feed. The Exchange would receive the Additional Third Party Data Feed via arms-length agreements and it would have no inherent advantage over any other distributor of such data. As it does with the existing Third Party Data Feeds, the Exchange proposes to charge a monthly recurring fee for connectivity to the Additional Third Party Data Feed. Depending on its needs and bandwidth, a User may opt to receive all or some of the feeds or services included in the Additional Third Party Data Feed. The Exchange proposes to add the connectivity fees for the Additional Third Party Data to its existing list in the Price List and Fee Schedule. The additional item would be as follows: ------------------------------------------------------------------------ Monthly recurring connectivity Third party data feed fee per third party data feed ------------------------------------------------------------------------ Miami International Securities Exchange/MIAX PEARL...... $2,000 ------------------------------------------------------------------------ Elimination of Obsolete Rule Language The Exchange proposes to delete obsolete text from both the lists of Third Party Data Feeds and Third Party Systems, in both the Price List and Fee Schedule. More specifically, the Exchange proposes to make the following changes: \10\ --------------------------------------------------------------------------- \10\ See Securities Exchange Act Release No. 81015 (June 23, 2017), 82 FR 29610 (June 29, 2017) (SR-NYSEMKT-2017-32). --------------------------------------------------------------------------- From both lists, remove the asterisk and note stating that the asterisked service is expected to be available no later than September 30, 2017, as the relevant services are currently available; and from the list of Third Party Data Feeds, remove the asterisks and note stating that the Euronext Optiq Compressed Derivatives is expected to be offered in place of Euronext no later than September 30, 2017, as such change has occurred, and remove Euronext as a Third Party Data Feed. This proposed change would have no impact on pricing. 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; \11\ and (iii) a User would only incur one charge for the particular co-location service described herein, regardless of whether the User connects only to the Exchange or to the Exchange and one or both the Affiliate SROs.\12\ --------------------------------------------------------------------------- \11\ 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. \12\ See SR-NYSEMKT-2013-67, supra note 5 at 50471. The Affiliate SROs have also submitted substantially the same proposed rule change to propose the changes described herein. See SR-NYSE- 2018-05 and SR-NYSEArca-2018-06. --------------------------------------------------------------------------- The proposed change is not otherwise intended to address any other issues relating to co-location services and/or related fees, and the Exchange is not aware of any problems that Users would have in complying with the proposed change. 2. Statutory Basis The Exchange believes that the proposed fee change is consistent with Section 6(b) of the Act,\13\ in general, and furthers the objectives of Sections 6(b)(5) of the Act,\14\ 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 [[Page 5497]] 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. --------------------------------------------------------------------------- \13\ 15 U.S.C. 78f(b). \14\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed changes 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, by offering additional services, the Exchange would give each User additional options for addressing its access and connectivity needs, responding to User demand for access and connectivity options. Providing additional services would help each User tailor its data center operations to the requirements of its business operations by allowing it to select the form and latency of access and connectivity that best suits its needs. The Exchange would provide Access and Connectivity as conveniences to Users. Use of Access or Connectivity would be completely voluntary. The Exchange is not aware of any impediment to third parties offering Access or Connectivity. The Exchange does not have visibility into whether third parties currently offer, or intend to offer, Users access to the Additional Third Party Systems and connectivity to the Additional Third Party Data Feed. However, if one or more third parties presently offer, or in the future opt to offer, such Access and Connectivity to Users, a User may utilize the SFTI network, a third party telecommunication network, third party wireless network, a cross connect, or a combination thereof to access such services and products through a connection to an access center outside the data center (which could be a SFTI access center, a third-party access center, or both), another User, or a third party vendor. The Exchange believes that the proposed changes 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, by offering access to the Additional Third Party Systems and connectivity to the Additional Third Party Data Feed to Users when available, the Exchange would give Users additional options for connectivity and access to new services as soon as they are available, responding to User demand for access and connectivity options. The Exchange also believes that the proposed fee change is consistent with Section 6(b)(4) of the Act,\15\ 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. --------------------------------------------------------------------------- \15\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- The Exchange believes that the proposed fee changes are consistent with Section 6(b)(4) of the Act for multiple reasons. The Exchange operates in a highly competitive market in which exchanges offer co- location services as a means to facilitate the trading and other market activities of those market participants who believe that co-location enhances the efficiency of their operations. Accordingly, fees charged for co-location services are constrained by the active competition for the order flow of, and other business from, such market participants. If a particular exchange charges excessive fees for co-location services, affected market participants will opt to terminate their co- location arrangements with that exchange, and adopt a possible range of alternative strategies, including placing their servers in a physically proximate location outside the exchange's data center (which could be a competing exchange), or pursuing strategies less dependent upon the lower exchange-to-participant latency associated with co-location. Accordingly, the exchange charging excessive fees would stand to lose not only co-location revenues but also the liquidity of the formerly co-located trading firms, which could have additional follow-on effects on the market share and revenue of the affected exchange. The Exchange believes that the additional services and fees proposed herein would be equitably allocated and not unfairly discriminatory because, in addition to the services being completely voluntary, they would be available to all Users on an equal basis (i.e., the same products and services would be available to all Users). All Users that voluntarily selected to receive Access or Connectivity would be charged the same amount for the same services. Users that opted to use Access or Connectivity would not receive access or connectivity that is not available to all Users, as all market participants that contracted with the relevant market or content provider would receive access or connectivity. The Exchange believes that the proposed charges would be reasonable, equitably allocated and not unfairly discriminatory because the Exchange would offer the Access and Connectivity as conveniences to Users, but in order to do so must provide, maintain and operate the data center facility hardware and technology infrastructure. The Exchange must handle the installation, administration, monitoring, support and maintenance of such services, including by responding to any production issues. Since the inception of co-location, the Exchange has made numerous improvements to the network hardware and technology infrastructure and has established additional administrative controls. The Exchange has expanded the network infrastructure to keep pace with the increased number of services available to Users, including resilient and redundant feeds. In addition, in order to provide Access and Connectivity, the Exchange would maintain multiple connections to each ATPD and ATPS, allowing the Exchange to provide resilient and redundant connections; adapt to any changes made by the relevant third party; and cover any applicable fees charged by the relevant third party, such as port fees. In addition, Users would not be required to use any of their bandwidth for Access and Connectivity unless they wish to do so. The Exchange believes the proposed fees for Access and Connectivity would be reasonable because they would allow the Exchange to defray or cover the costs associated with offering Users access to Additional Third Party Systems and connectivity to Additional Third Party Data Feed while providing Users the convenience of receiving such Access and Connectivity within co-location, helping them tailor their data center operations to the requirements of their business operations. The Exchange also believes that the proposal to delete obsolete text from the list of Third Party Data Feeds and the list of Third Party Systems 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 proposed fee changes would remove obsolete text from the Price List and Fee Schedule, reducing the complexity and any potential ambiguity and providing clarification concerning the availability and the costs of products and services available to Users. Further, the Exchange believes that that the proposed modifications and updates to its Price List and Fee Schedule would be consistent with the public interest and the protection of investors because the public and investors would not be harmed and, in fact, would benefit from this updating and clarification. [[Page 5498]] For the reasons above, the proposed changes would not unfairly discriminate between or among market participants that are otherwise capable of satisfying any applicable co-location fees, requirements, terms and conditions established from time to time by the Exchange. For these reasons, the Exchange believes that the proposal is consistent with the Act. B. Self-Regulatory Organization's Statement on Burden on Competition In accordance with Section 6(b)(8) of the Act,\16\ 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 all of the proposed services are completely voluntary. --------------------------------------------------------------------------- \16\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- The Exchange believes that providing Users with additional options for connectivity and access to new services would not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act because such proposed Access and Connectivity would satisfy User demand for access and connectivity options. The Exchange would provide Access and Connectivity as conveniences equally to all Users. The Exchange does not have visibility into whether third parties currently offer, or intend to offer, Users access to the Additional Third Party Systems and connectivity to the Additional Third Party Data Feed, as such third parties are not required to make that information public. However, if one or more third parties presently offer, or in the future opt to offer, such Access and Connectivity to Users, a User may utilize the SFTI network, a third party telecommunication network, third party wireless network, a cross connect, or a combination thereof to access such services and products through a connection to an access center outside the data center (which could be a SFTI access center, a third-party access center, or both), another User, or a third party vendor. Users that opt to use the proposed Access or Connectivity would not receive access or connectivity that is not available to all Users, as all market participants that contract with the content provider may receive access or connectivity. In this way, the proposed changes would enhance competition by helping Users tailor their Access and Connectivity to the needs of their business operations by allowing them to select the form and latency of access and connectivity that best suits their needs. The proposed deletion of obsolete text from the list of Third Party Data Feeds and the list of Third Party Systems would update the information and increase the clarity of the Price List and Fee Schedule concerning the availability and cost of products and services available to Users. Accordingly, the proposed change would not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as the public and investors would benefit from this updating and clarification. The Exchange operates in a highly competitive market in which exchanges offer co-location services as a means to facilitate the trading and other market activities of those market participants who believe that co-location enhances the efficiency of their operations. Accordingly, fees charged for co-location services are constrained by the active competition for the order flow of, and other business from, such market participants. If a particular exchange charges excessive fees for co-location services, affected market participants will opt to terminate their co-location arrangements with that exchange, and adopt a possible range of alternative strategies, including placing their servers in a physically proximate location outside the exchange's data center (which could be a competing exchange), or pursuing strategies less dependent upon the lower exchange-to-participant latency associated with co-location. Accordingly, the exchange charging excessive fees would stand to lose not only co-location revenues but also the liquidity of the formerly co-located trading firms, which could have additional follow-on effects on the market share and revenue of the affected exchange. For the reasons described above, the Exchange believes that the proposed rule change reflects this competitive environment. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\ 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.\19\ --------------------------------------------------------------------------- \17\ 15 U.S.C. 78s(b)(3)(A)(iii). \18\ 17 CFR 240.19b-4(f)(6). \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file 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. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),\21\ 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 proposal may become operative immediately upon filing. The Exchange represents that the proposed rule changes present no new or novel issues. According to the Exchange, waiver of the operative delay would allow Users to access the Additional Third Party Systems and the Additional Third Party Data Feeds without delay, which would assist Users in tailoring their data center operations to the requirements of their business operations. The Exchange also represents that the proposed changes to the Price List would provide Users with more complete information regarding their Access and Connectivity options. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission waives the 30-day operative delay and designates the proposed rule change operative upon filing.\22\ --------------------------------------------------------------------------- \20\ 17 CFR 240.19b-(f)(6). \21\ 17 CFR 240.19b-4(f)(6)(iii). \22\ 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). --------------------------------------------------------------------------- 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 [[Page 5499]] 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) \23\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \23\ 15 U.S.C. 78s(b)(2)(B). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NYSEAMER-2018-02 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEAMER-2018-02. 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-2018-02 and should be submitted on or before February 28, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\24\ --------------------------------------------------------------------------- \24\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-02400 Filed 2-6-18; 8:45 am] BILLING CODE 8011-01-P
![5494 Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Notices
single trading day and a GTD Time in become operative prior to 30 days after Commission process and review your
Force, which commonly means ‘‘Good the date of the filing. However, Rule comments more efficiently, please use
Til Date’’, but that would have to expire 19b–4(f)(6)(iii) 13 permits the only one method. The Commission will
no later than the end of the trading day Commission to designate a shorter time post all comments on the Commission’s
on which it was entered. As such, the if such action is consistent with the internet website (http://www.sec.gov/
proposed rule change would foster protection of investors and the public rules/sro.shtml). Copies of the
cooperation and coordination with interest. The Exchange has asked the submission, all subsequent
persons engaged in facilitating Commission to waive the 30-day amendments, all written statements
transactions in securities and would operative delay so that the Exchange with respect to the proposed rule
remove impediments to and perfect the may, as soon as possible, implement the change that are filed with the
mechanism of a free and open market proposed rule change. The Exchange Commission, and all written
and a national market system. notes that the proposal will promote communications relating to the
consistency between the GTC and GTD proposed rule change between the
(B) Self-Regulatory Organization’s
Times in Force offered by the Exchange. Commission and any person, other than
Statement on Burden on Competition
The Commission believes that waiver of those that may be withheld from the
The Exchange does not believe that the 30-day operative delay is consistent public in accordance with the
the proposed rule change will impose with the protection of investors and the provisions of 5 U.S.C. 552, will be
any burden on competition that is not public interest. Accordingly, the available for website viewing and
necessary or appropriate in furtherance Commission hereby waives the printing in the Commission’s Public
of the purposes of the Act. The operative delay and designates the Reference Room, 100 F Street NE,
proposed change is a minor update to an proposed rule change as operative upon Washington, DC 20549, on official
existing Time in Force, GTD, given the filing.14 business days between the hours of
update to the Exchange’s technology At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the
that will allow orders to persist for more filing of the proposed rule change, the filing also will be available for
than one trading day. The Exchange Commission summarily may inspection and copying at the principal
does not believe that the proposed temporarily suspend such rule change if office of the Exchange. All comments
changes will have any direct impact on it appears to the Commission that such received will be posted without change.
competition. Thus, the Exchange does action is: (i) Necessary or appropriate in Persons submitting comments are
not believe that the proposal creates any the public interest; (ii) for the protection cautioned that we do not redact or edit
significant impact on competition. of investors; or (iii) otherwise in personal identifying information from
(C) Self-Regulatory Organization’s furtherance of the purposes of the Act. comment submissions. You should
Statement on Comments on the If the Commission takes such action, the submit only information that you wish
Proposed Rule Change Received From Commission shall institute proceedings to make available publicly. All
Members, Participants or Others to determine whether the proposed rule submissions should refer to File
should be approved or disapproved. Number SR–CboeEDGX–2018–003 and
The Exchange has not solicited, and should be submitted on or before
does not intend to solicit, comments on IV. Solicitation of Comments February 28, 2018.
this proposed rule change. The Interested persons are invited to
Exchange has not received any written For the Commission, by the Division of
submit written data, views, and Trading and Markets, pursuant to delegated
comments from members or other arguments concerning the foregoing, authority.15
interested parties. including whether the proposed rule Eduardo A. Aleman,
III. Date of Effectiveness of the change is consistent with the Act. Assistant Secretary.
Proposed Rule Change and Timing for Comments may be submitted by any of [FR Doc. 2018–02397 Filed 2–6–18; 8:45 am]
Commission Action the following methods: BILLING CODE 8011–01–P
Because the foregoing proposed rule Electronic Comments
change does not: (i) Significantly affect • Use the Commission’s internet
the protection of investors or the public SECURITIES AND EXCHANGE
comment form (http://www.sec.gov/ COMMISSION
interest; (ii) impose any significant rules/sro.shtml); or
burden on competition; and (iii) become • Send an email to rule-comments@ [Release No. 34–82618; File No. SR–
operative for 30 days from the date on sec.gov. Please include File Number SR– NYSEAMER–2018–02]
which it was filed, or such shorter time CboeEDGX–2018–003 on the subject
as the Commission may designate, it has Self-Regulatory Organizations; NYSE
line.
become effective pursuant to Section American LLC; Notice of Filing and
19(b)(3)(A)(iii) of the Act 10 and Paper Comments Immediate Effectiveness of Proposed
subparagraph (f)(6) of Rule 19b–4 • Send paper comments in triplicate Rule Change To Provide Users With
thereunder.11 to Secretary, Securities and Exchange Access to Two Additional Third Party
A proposed rule change filed under Commission, 100 F Street NE, Systems and Connectivity to One
Rule 19b–4(f)(6) 12 normally does not Washington, DC 20549–1090. Additional Third Party Data Feed
All submissions should refer to File February 1, 2018.
10 15 U.S.C. 78s(b)(3)(A)(iii). Number SR-CboeEDGX–2018–003. This Pursuant to Section 19(b)(1) 1 of the
11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– file number should be included on the
sradovich on DSK3GMQ082PROD with NOTICES
4(f)(6)(iii) requires the Exchange to give the Securities Exchange Act of 1934
Commission written notice of the Exchange’s intent subject line if email is used. To help the (‘‘Act’’) 2 and Rule 19b–4 thereunder,3
to file the proposed rule change, along with a brief notice is hereby given that on January
description and text of the proposed rule change, 13 17 CFR 240.19b–4(f)(6)(iii).
at least five business days prior to the date of filing 14 For purposes only of waiving the 30-day 15 17 CFR 200.30–3(a)(12).
of the proposed rule change, or such shorter time operative delay, the Commission has also
1 15 U.S.C.78s(b)(1).
as designated by the Commission. The Exchange considered the proposed rule’s impact on
has satisfied this requirement. efficiency, competition, and capital formation. See 2 15 U.S.C. 78a.
12 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f). 3 17 CFR 240.19b–4.
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![Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Notices 5499
action is necessary or appropriate in the personal identifying information from whether to disapprove the proposed
public interest, for the protection of comment submissions. You should rule change.6 On November 7, 2017, the
investors, or otherwise in furtherance of submit only information that you wish Commission instituted proceedings
the purposes of the Act. If the to make available publicly. All under Section 19(b)(2)(B) of the Act 7 to
Commission takes such action, the submissions should refer to File determine whether to approve or
Commission shall institute proceedings Number SR–NYSEAMER–2018–02 and disapprove the proposed rule change.8
under Section 19(b)(2)(B) 23 of the Act to should be submitted on or before The Commission has received no
determine whether the proposed rule February 28, 2018. comments on the proposed rule change.
change should be approved or For the Commission, by the Division of
disapproved. Section 19(b)(2) of the Act 9 provides
Trading and Markets, pursuant to delegated
that, after initiating disapproval
IV. Solicitation of Comments authority.24
proceedings, the Commission shall issue
Eduardo A. Aleman,
Interested persons are invited to an order approving or disapproving the
submit written data, views, and Assistant Secretary.
proposed rule change not later than 180
arguments concerning the foregoing, [FR Doc. 2018–02400 Filed 2–6–18; 8:45 am]
days after the date of publication of
including whether the proposed rule BILLING CODE 8011–01–P
notice of filing of the proposed rule
change is consistent with the Act. change. The Commission may extend
Comments may be submitted by any of the period for issuing an order
the following methods: SECURITIES AND EXCHANGE
COMMISSION approving or disapproving the proposed
Electronic Comments rule change by not more than 60 days
[Release No. 34–82613; File No. SR–NYSE– if the Commission determines that a
• Use the Commission’s internet 2017–36]
comment form (http://www.sec.gov/ longer period is appropriate and
rules/sro.shtml); or Self-Regulatory Organizations; New publishes the reasons for such
• Send an email to rule-comments@ York Stock Exchange LLC; Notice of determination. As noted earlier, the
sec.gov. Please include File Number SR– Designation of a Longer Period for proposed rule change was published for
NYSEAMER–2018–02 on the subject Commission Action on Proceedings To notice and comment in the Federal
line. Determine Whether To Approve or Register on August 9, 2017. February 5,
Disapprove a Proposed Rule Change 2018, is 180 days from that date, and
Paper Comments
To Adopt New Equity Trading Rules for April 6, 2018, is 240 days from that
• Send paper comments in triplicate Trading UTP Securities on Pillar, date.
to Secretary, Securities and Exchange Including Orders and Modifiers, Order
Commission, 100 F Street NE, The Commission finds it appropriate
Ranking and Display, and Order to designate a longer period within
Washington, DC 20549–1090. Execution and Routing
All submissions should refer to File which to issue an order approving or
Number SR–NYSEAMER–2018–02. This February 1, 2018. disapproving the proposed rule change
file number should be included on the On July 28, 2017, New York Stock so that it has sufficient time to consider
subject line if email is used. To help the Exchange LLC (‘‘NYSE’’ or ‘‘Exchange’’) this proposed rule change. Accordingly,
Commission process and review your filed with the Securities and Exchange the Commission, pursuant to Section
comments more efficiently, please use Commission (‘‘Commission’’), pursuant 19(b)(2) of the Act,10 designates April 6,
only one method. The Commission will to Section 19(b)(1) of the Securities 2018 as the date by which the
post all comments on the Commission’s Exchange Act of 1934 (‘‘Act’’) 1 and Rule Commission should either approve or
internet website (http://www.sec.gov/ 19b–4 thereunder,2 a proposed rule disapprove the proposed rule change
rules/sro.shtml). Copies of the change to adopt new equity trading (File Number SR–NYSE–2017–36).
submission, all subsequent rules to allow the Exchange to trade For the Commission, by the Division of
amendments, all written statements securities that are listed on a national Trading and Markets, pursuant to delegated
with respect to the proposed rule securities exchange other than NYSE authority.11
change that are filed with the (‘‘UTP Securities’’) 3 pursuant to
Eduardo A. Aleman,
Commission, and all written unlisted trading privileges for the first
communications relating to the time on Pillar, the Exchange’s new Assistant Secretary.
proposed rule change between the trading technology platform. The [FR Doc. 2018–02395 Filed 2–6–18; 8:45 am]
Commission and any person, other than proposed rule change was published for BILLING CODE 8011–01–P
those that may be withheld from the comment in the Federal Register on
public in accordance with the August 9, 2017.4
provisions of 5 U.S.C. 552, will be On September 18, 2017, pursuant to
available for website viewing and Section 19(b)(2) of the Act,5 the
printing in the Commission’s Public Commission designated November 7,
Reference Room, 100 F Street NE, 2017, as the date within which to
Washington, DC 20549 on official approve the proposed rule change,
business days between the hours of disapprove the proposed rule change, or
10:00 a.m. and 3:00 p.m. Copies of the institute proceedings to determine
sradovich on DSK3GMQ082PROD with NOTICES
filing also will be available for 6 See Securities Exchange Act Release No. 81641
24 17 CFR 200.30–3(a)(12).
inspection and copying at the principal (Sept. 18, 2017), 82 FR 44483 (Sept. 22, 2017).
1 15 U.S.C. 78s(b)(1).
office of the Exchange. All comments 7 15 U.S.C. 78s(b)(2)(B).
2 17 CFR 240.19b–4.
received will be posted without change. 3 See NYSE Rule 1.1(ii) for a definition of UTP
8 See Securities Exchange Act Release No. 82028
Persons submitting comments are Security. (Nov. 7, 2017), 82 FR 52757 (Nov. 14, 2017).
cautioned that we do not redact or edit 4 See Securities Exchange Act Release No. 81310
9 15 U.S.C. 78s(b)(2).
10 Id.
(Aug. 3, 2017), 82 FR 37257 (Aug. 9, 2017).
23 15 U.S.C. 78s(b)(2)(B). 5 15 U.S.C. 78s(b)(2). 11 17 CFR 200.30–3(a)(57).
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Document Created: 2018-10-26 13:57:49
Document Modified: 2018-10-26 13:57:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 5494 |
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