Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Equities Schedule of Fees and Services for Exchange Services (“Fee Schedule”) for Co-Location Services To Correct Several Typographical Errors, 55431-55432 [2011-22780]
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–22827 Filed 9–6–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–CBOE–2011–080 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
[Release No. 34–65238; File No. SR–
NYSEArca–2011–64]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Its Equities
Schedule of Fees and Services for
Exchange Services (‘‘Fee Schedule’’)
for Co-Location Services To Correct
Several Typographical Errors
August 31, 2011.
emcdonald on DSK5VPTVN1PROD with NOTICES
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on August
All submissions should refer to File
24, 2011, NYSE Arca, Inc. (‘‘NYSE
Number SR–CBOE–2011–080. This file
Arca’’ or the ‘‘Exchange’’) filed with the
number should be included on the
subject line if e-mail is used. To help the Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
Commission process and review your
change as described in Items I, II, and
comments more efficiently, please use
only one method. The Commission will III below, which Items have been
post all comments on the Commission’s prepared by the Exchange. The
Commission is publishing this notice to
Internet Web site (https://www.sec.gov/
solicit comments on the proposed rule
rules/sro.shtml). Copies of the
change from interested persons.
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official
business days between the hours of
10 a.m. and 3 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; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–CBOE–
2011–080 and should be submitted on
or before September 28, 2011.
VerDate Mar<15>2010
17:37 Sep 06, 2011
Jkt 223001
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
equities Schedule of Fees and Services
for Exchange Services (‘‘Fee Schedule’’)
for co-location services to correct
several typographical errors. The text of
the proposed rule change is available at
the Exchange, the Commission’s Public
Reference Room, on the Commission’s
Web site at https://www.sec.gov, and
https://www.nyse.com.
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.
19 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
55431
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 its
Fee Schedule for co-location services to
correct several typographical errors.
The Exchange currently offers space
at its data center in cabinets with tiered
fees for the use of this space
corresponding to the aggregated number
of kilowatts allocated. However, the
Exchange’s Fee Schedule provides an
incomplete list of power tier levels.
Accordingly, the Exchange proposes to
amend its Fee Schedule to reflect that
the tiered fees are based on the
aggregated power allocation of (i) Four
to eight kilowatts; (ii) nine to 20
kilowatts; (iii) 21 to 40 kilowatts; or (iv)
41 kilowatts and greater. A co-location
user whose power allocation has been at
a level that is currently not reflected in
the Fee Schedule has been charged
according to the tiers set forth herein.
For example, a user with twelve
kilowatts allocated has been charged
$1,200 per-kilowatt per-month for the
first 8 kilowatts and $1,050 per-kilowatt
per-month for the next 4 kilowatts
(between 9 and 12).
In addition to the space that it offers
at its data center, the Exchange provides
co-location users with access to the
Exchange’s trading and execution
systems and to the Exchange’s
proprietary market data products
through either the Exchange’s Liquidity
Center Network (‘‘LCN’’), a local area
network available in the data center, or
the Exchange’s Secure Financial
Transaction Infrastructure (‘‘SFTI’’)
network, to which all co-location users
have access. Access is available in either
one or ten gigabit capacities, for which
co-location users incur an initial charge
per connection and an ongoing monthly
charge per connection. The Exchange
proposes to amend its Fee Schedule to
reflect that the initial charge for a one
gigabit circuit for Bundled Network
Access, Option 3 is $27,000, not $27,500
as currently stated in the Fee Schedule.
The change in price is due to a
typographical error in the Exchange’s
previous filing.3 Co-location users have
always been charged $27,000 for this fee
and have never been charged the fee of
3 See Securities Exchange Act Release No. 63275
(November 8, 2010), 75 FR 70048 (November 16,
2010) (SR–NYSEArca–2010–100).
E:\FR\FM\07SEN1.SGM
07SEN1
55432
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices
$27,500 that is currently stated in the
Fee Schedule.
Finally, the Exchange proposes to
amend its Fee Schedule to include the
ongoing monthly charge per connection
for a ten gigabit circuit for LCN access,
which is $12,000. The reference to the
ongoing monthly charge was
erroneously omitted from the Fee
Schedule submitted with the Exchange’s
previous filing.4 Co-location users have
always been charged the $12,000
monthly charge per connection for a ten
gigabit circuit for LCN access.
The Exchange believes that the
changes proposed herein would not
alter co-location users’ understanding of
the fees charged for co-location and
related services. In addition, the
changes proposed herein are intended to
clarify the applicable fees for colocation and related services—not new
or altered fees—and are designed to
accurately reflect the fees for co-locating
that the Exchange and co-location users
already understand to be in effect.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Securities Exchange Act of 1934
(the ‘‘Act’’),5 in general, and furthers the
objectives of Section 6(b)(4) 6 and 6(b)(5)
of the Act,7 in particular, in that it
provides for the equitable allocation of
reasonable dues, fees, and other charges
among its members and issuers and
other persons using its facilities and is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest. The
Exchange believes that the proposed
change to the Fee Schedule is equitable
because it applies fees for comparable
co-location services uniformly to users
of those services and because access to
the Exchange and the services and
products it provides are offered on fair
and non-discriminatory terms. The
proposed changes would result in
clarification of the Exchange’s fees for
co-location and related services.
emcdonald on DSK5VPTVN1PROD with NOTICES
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
4 Id.
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
7 15 U.S.C. 78f(b)(5).
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 8 of the Act and
subparagraph (f)(2) of Rule 19b–4 9
thereunder, because it establishes a due,
fee, or other charge imposed by the
NYSE Arca.
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.
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEArca–2011–64 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR- NYSEArca-2011–64. This
file number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
5 15
17:37 Sep 06, 2011
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–22780 Filed 9–6–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65237; File No. SR–NYSE–
2011–46]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Amending Its
Price List for Co-Location Services To
Correct Several Typographical Errors
August 31, 2011.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on August
24, 2011, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
10 17
6 15
VerDate Mar<15>2010
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
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEArca–2011–64 and should be
submitted on or before September 28,
2011.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
8 15
U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(2).
Jkt 223001
PO 00000
Frm 00088
Fmt 4703
1 15
Sfmt 4703
E:\FR\FM\07SEN1.SGM
07SEN1
]]>Agencies
[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55431-55432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22780]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65238; File No. SR-NYSEArca-2011-64]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its
Equities Schedule of Fees and Services for Exchange Services (``Fee
Schedule'') for Co-Location Services To Correct Several Typographical
Errors
August 31, 2011.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on August 24, 2011, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend its equities Schedule of Fees and
Services for Exchange Services (``Fee Schedule'') for co-location
services to correct several typographical errors. The text of the
proposed rule change is available at the Exchange, the Commission's
Public Reference Room, on the Commission's Web site at https://www.sec.gov, and https://www.nyse.com.
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 its Fee Schedule for co-location
services to correct several typographical errors.
The Exchange currently offers space at its data center in cabinets
with tiered fees for the use of this space corresponding to the
aggregated number of kilowatts allocated. However, the Exchange's Fee
Schedule provides an incomplete list of power tier levels. Accordingly,
the Exchange proposes to amend its Fee Schedule to reflect that the
tiered fees are based on the aggregated power allocation of (i) Four to
eight kilowatts; (ii) nine to 20 kilowatts; (iii) 21 to 40 kilowatts;
or (iv) 41 kilowatts and greater. A co-location user whose power
allocation has been at a level that is currently not reflected in the
Fee Schedule has been charged according to the tiers set forth herein.
For example, a user with twelve kilowatts allocated has been charged
$1,200 per-kilowatt per-month for the first 8 kilowatts and $1,050 per-
kilowatt per-month for the next 4 kilowatts (between 9 and 12).
In addition to the space that it offers at its data center, the
Exchange provides co-location users with access to the Exchange's
trading and execution systems and to the Exchange's proprietary market
data products through either the Exchange's Liquidity Center Network
(``LCN''), a local area network available in the data center, or the
Exchange's Secure Financial Transaction Infrastructure (``SFTI'')
network, to which all co-location users have access. Access is
available in either one or ten gigabit capacities, for which co-
location users incur an initial charge per connection and an ongoing
monthly charge per connection. The Exchange proposes to amend its Fee
Schedule to reflect that the initial charge for a one gigabit circuit
for Bundled Network Access, Option 3 is $27,000, not $27,500 as
currently stated in the Fee Schedule. The change in price is due to a
typographical error in the Exchange's previous filing.\3\ Co-location
users have always been charged $27,000 for this fee and have never been
charged the fee of
[[Page 55432]]
$27,500 that is currently stated in the Fee Schedule.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 63275 (November 8,
2010), 75 FR 70048 (November 16, 2010) (SR-NYSEArca-2010-100).
---------------------------------------------------------------------------
Finally, the Exchange proposes to amend its Fee Schedule to include
the ongoing monthly charge per connection for a ten gigabit circuit for
LCN access, which is $12,000. The reference to the ongoing monthly
charge was erroneously omitted from the Fee Schedule submitted with the
Exchange's previous filing.\4\ Co-location users have always been
charged the $12,000 monthly charge per connection for a ten gigabit
circuit for LCN access.
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
The Exchange believes that the changes proposed herein would not
alter co-location users' understanding of the fees charged for co-
location and related services. In addition, the changes proposed herein
are intended to clarify the applicable fees for co-location and related
services--not new or altered fees--and are designed to accurately
reflect the fees for co-locating that the Exchange and co-location
users already understand to be in effect.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\5\ in
general, and furthers the objectives of Section 6(b)(4) \6\ and 6(b)(5)
of the Act,\7\ in particular, in that it provides for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities and is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Exchange believes that the proposed change to the Fee
Schedule is equitable because it applies fees for comparable co-
location services uniformly to users of those services and because
access to the Exchange and the services and products it provides are
offered on fair and non-discriminatory terms. The proposed changes
would result in clarification of the Exchange's fees for co-location
and related services.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(4).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE Arca.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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 (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-NYSEArca-2011-64 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR- NYSEArca-2011-64. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (https://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 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2011-64 and should be submitted on or before September 28,
2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------
\10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22780 Filed 9-6-11; 8:45 am]
BILLING CODE 8011-01-P
