Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Options Fees and Charges Schedule and the NYSE Arca Equities Fees and Charges Schedule Relating to Co-Location Services To Reflect the Name Change of a Third Party Data Feed, 52347-52349 [2017-24442]
Download as PDF
Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 10 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
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:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSE–2017–56 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–NYSE–2017–56. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (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 Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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.
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
10 15
U.S.C. 78s(b)(2)(B).
VerDate Sep<11>2014
18:38 Nov 09, 2017
Jkt 244001
submissions should refer to File
Number SR–NYSE–2017–56, and
should be submitted on or before
December 4, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–24440 Filed 11–9–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82016; File No. SR–
NYSEARCA–2017–124]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend the NYSE Arca
Options Fees and Charges Schedule
and the NYSE Arca Equities Fees and
Charges Schedule Relating to CoLocation Services To Reflect the Name
Change of a Third Party Data Feed
November 6, 2017.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on October
25, 2017, NYSE Arca, Inc. (‘‘Exchange’’
or ‘‘NYSE Arca’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
NYSE Arca Options Fees and Charges
schedule and the NYSE Arca Equities
Fees and Charges schedule (together, the
‘‘Fee Schedules’’) relating to co-location
services to reflect the name change of a
third party data feed. The Exchange
proposes to implement the proposed
change on November 1, 2017. The
proposed rule change is available on the
Exchange’s Web site at www.nyse.com,
at the principal office of the Exchange,
and at the Commission’s Public
Reference Room.
11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
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Sfmt 4703
52347
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
Fee Schedules relating to co-location 4
services to reflect the name change of a
third party data feed. The Exchange
proposes to implement the proposed
change on November 1, 2017.
The co-location services that the
Exchange offers Users 5 include
connectivity to third party data feeds
from third party markets and other
content service providers (‘‘Third Party
Data Feeds’’).6 The list of Third Party
Data Feeds is set forth in the Fee
Schedules, and includes the NYSE
Global Index.7
The name of NYSE Global Index is
changing to ‘‘ICE Data Global Index.’’
4 The Exchange initially filed rule changes
relating to its co-location services with the
Commission in 2010. See Securities Exchange Act
Release No. 63275 (November 8, 2010), 75 FR 70048
(November 16, 2010) (SR–NYSEArca–2010–100).
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. 76010 (September 29, 2015), 80 FR
60197 (October 5, 2015) (SR–NYSEArca–2015–82).
As specified in the Price List, a User that incurs colocation 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 American LLC (‘‘NYSE
American’’ and, together with NYSE LLC, the
‘‘Affiliate SROs’’). See Securities Exchange Act
Release No. 70173 (August 13, 2013), 78 FR 50459
(August 19, 2013) (SR–NYSEArca–2013–80).
6 See Securities Exchange Act Release No. 80310
(March 24, 2017), 82 FR 15763 (March 30, 2017)
(SR–NYSEArca–2016–89).
7 The NYSE Global Index feed includes index and
exchange traded product valuations data, with data
drawn from the Exchange, the Affiliate SROS, and
third party exchanges. Because it includes third
party data, the NYSE Global Index feed is
considered a Third Party Data Feed. See id., at
15771.
E:\FR\FM\13NON1.SGM
13NON1
52348
Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices
The Exchange accordingly proposes to
amend the Fee Schedules to reflect the
change. The Exchange does not propose
to change the applicable monthly
recurring connectivity fee. The
Exchange proposes the following
changes:
• In the third sentence under
‘‘Connectivity to Third Party Data
Feeds,’’ the reference to ‘‘NYSE Global
Index’’ would be changed to ‘‘ICE Data
Global Index.’’
• In the table under ‘‘Connectivity to
Third Party Data Feeds,’’ the line listing
‘‘NYSE Global Index’’ and the related
$100 monthly recurring connectivity fee
would be deleted, and a new line added,
as follows (additions italicized):
related fees, and the Exchange is not
aware of any problems that Users would
have in complying with the proposed
change.
2. Statutory Basis
asabaliauskas on DSKBBXCHB2PROD with NOTICES
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,10 in general, and
furthers the objectives of Sections
6(b)(5) of the Act,11 in particular,
because it is designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
Monthly
and facilitating transactions in
recurring
securities, to remove impediments to,
Third Party Data Feed
connectivity fee
and perfect the mechanisms of, a free
per Third Party
Data Feed
and open market and a national market
system and, in general, to protect
Global OTC .....................
$100 investors and the public interest.
ICE Data Global Index ...
100
The non-substantive change proposed
ICE Data Services Consolidated Feed ≤ 100
is intended solely to reflect the name
Mb ...............................
200 change of ‘‘NYSE Global Index’’ to ‘‘ICE
Data Global Index.’’ The proposed rule
General
change, therefore would remove
impediments to, and perfect the
As is the case with all Exchange colocation arrangements, (i) neither a User mechanisms of, a free and open market
and a national market system and, in
nor any of the User’s customers would
be permitted to submit orders directly to general, protect investors and the public
interest because it would update the Fee
the Exchange unless such User or
Schedules to reflect the name change,
customer is a member organization, a
Sponsored Participant or an agent
increasing the clarity and transparency
thereof (e.g., a service bureau providing
of the Exchange’s rules.
order entry services); (ii) use of the coFor the reasons above, the proposed
location services proposed herein would changes would not unfairly discriminate
be completely voluntary and available
between or among market participants
to all Users on a non-discriminatory
that are otherwise capable of satisfying
basis; 8 and (iii) a User would only incur
any applicable co-location fees,
one charge for the particular co-location
requirements, terms and conditions
service described herein, regardless of
established from time to time by the
whether the User connects only to the
Exchange or to the Exchange and one or Exchange.
For these reasons, the Exchange
both the Affiliate SROs.9
The proposed change is not otherwise believes that the proposal is consistent
with the Act.
intended to address any other issues
relating to co-location services and/or
B. Self-Regulatory Organization’s
Statement on Burden on Competition
8 As is currently the case, Users that receive colocation services from the Exchange will not receive
any means of access to the Exchange’s trading and
execution systems that is separate from, or superior
to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange’s trading and
execution systems through the same order gateway,
regardless of whether the sender is co-located in the
data center or not. In addition, co-located Users do
not receive any market data or data service product
that is not available to all Users, although Users that
receive co-location services normally would expect
reduced latencies in sending orders to, and
receiving market data from, the Exchange.
9 See 78 FR 50459, supra note 5, at 50459. The
Affiliate SROs have also submitted substantially the
same proposed rule change to propose the changes
described herein. See SR–NYSE–2017–55 and SR–
NYSEAMER–2017–28.
VerDate Sep<11>2014
18:38 Nov 09, 2017
Jkt 244001
In accordance with Section 6(b)(8) of
the Act,12 the Exchange believes that the
proposed rule change will not impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act because it is
solely intended to reflect the name
change of ‘‘NYSE Global Index’’ to ‘‘ICE
Data Global Index.’’ No other change is
proposed.
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
12 15 U.S.C. 78f(b)(8).
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 13 of the Act and
subparagraph (f)(2) of Rule 19b–4 14
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 15 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
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 email to rule-comments@
sec.gov. Please include File Number SR–
NYSEARCA–2017–124 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–NYSEARCA–2017–124.
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
10 15
13 15
11 15
14 17
PO 00000
Frm 00085
Fmt 4703
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
15 15 U.S.C. 78s(b)(2)(B).
Sfmt 4703
E:\FR\FM\13NON1.SGM
13NON1
Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices
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 Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSEARCA–2017–124 and
should be submitted on or before
December 4, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–24442 Filed 11–9–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82021; File No. SR–
NYSEAMER–2017–28]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Change To Amend the NYSE American
Equities Price List and the NYSE
American Options Fee Schedule
Relating to Co-Location Services To
Reflect the Name Change of a Third
Party Data Feed
asabaliauskas on DSKBBXCHB2PROD with NOTICES
November 6, 2017.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on October
25, 2017, NYSE American LLC
(‘‘Exchange’’ or ‘‘NYSE American’’) filed
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
VerDate Sep<11>2014
18:38 Nov 09, 2017
Jkt 244001
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
NYSE American Equities Price List
(‘‘Price List’’) and the NYSE American
Options Fee Schedule (‘‘Fee Schedule’’)
relating to co-location services to reflect
the name change of a third party data
feed. The Exchange proposes to
implement the proposed change on
November 1, 2017. The proposed
change is available on the Exchange’s
Web site at www.nyse.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend the
Price List and Fee Schedule relating to
co-location 4 services to reflect the name
change of a third party data feed. The
Exchange proposes to implement the
proposed change on November 1, 2017.
The co-location services that the
Exchange offers Users 5 include
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.
5 For purposes of the Exchange’s co-location
services, a ‘‘User’’ means any market participant
that requests to receive co-location services directly
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
52349
connectivity to third party data feeds
from third party markets and other
content service providers (‘‘Third Party
Data Feeds’’).6 The list of Third Party
Data Feeds is set forth in the Price List
and Fee Schedule, and includes the
NYSE Global Index.7
The name of NYSE Global Index is
changing to ‘‘ICE Data Global Index.’’
The Exchange accordingly proposes to
amend the Price List and Fee Schedule
to reflect the change. The Exchange does
not propose to change the applicable
monthly recurring connectivity fee. The
Exchange proposes the following
changes:
• In the third sentence under
‘‘Connectivity to Third Party Data
Feeds,’’ the reference to ‘‘NYSE Global
Index’’ would be changed to ‘‘ICE Data
Global Index.’’
• In the table under ‘‘Connectivity to
Third Party Data Feeds,’’ the line listing
‘‘NYSE Global Index’’ and the related
$100 monthly recurring connectivity fee
would be deleted, and a new line added,
as follows (additions italicized):
Third Party Data Feed
Global OTC .....................
ICE Data Global Index ...
ICE Data Services Consolidated Feed ≤ 100
Mb ...............................
Monthly recurring
connectivity fee
per Third Party
Data Feed
$100
100
200
General
As is the case with all Exchange colocation 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
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 colocation service pursuant thereto would not be
subject to co-location fees for the same co-location
service charged by the Exchange’s affiliates New
York Stock Exchange LLC (‘‘NYSE LLC’’) and NYSE
Arca, Inc. (‘‘NYSE Arca’’ and, together with NYSE
LLC, the ‘‘Affiliate SROs’’). See Securities Exchange
Act Release No. 70176 (August 13, 2013), 78 FR
50471 (August 19, 2013) (SR–NYSEMKT–2013–67).
6 See Securities Exchange Act Release No. 80309
(March 24, 2017), 82 FR 15725 (March 30, 2017)
(SR–NYSEMKT–2016–63).
7 The NYSE Global Index feed includes index and
exchange traded product valuations data, with data
drawn from the Exchange, the Affiliate SROS, and
third party exchanges. Because it includes third
party data, the NYSE Global Index feed is
considered a Third Party Data Feed. See id., at
15733.
E:\FR\FM\13NON1.SGM
13NON1
Agencies
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52347-52349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24442]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82016; File No. SR-NYSEARCA-2017-124]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Options Fees and Charges Schedule and the NYSE Arca Equities Fees
and Charges Schedule Relating to Co-Location Services To Reflect the
Name Change of a Third Party Data Feed
November 6, 2017.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 25, 2017, NYSE Arca, Inc. (``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the NYSE Arca Options Fees and
Charges schedule and the NYSE Arca Equities Fees and Charges schedule
(together, the ``Fee Schedules'') relating to co-location services to
reflect the name change of a third party data feed. The Exchange
proposes to implement the proposed change on November 1, 2017. The
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend the Fee Schedules relating to co-
location \4\ services to reflect the name change of a third party data
feed. The Exchange proposes to implement the proposed change on
November 1, 2017.
---------------------------------------------------------------------------
\4\ The Exchange initially filed rule changes relating to its
co-location services with the Commission in 2010. See Securities
Exchange Act Release No. 63275 (November 8, 2010), 75 FR 70048
(November 16, 2010) (SR-NYSEArca-2010-100). The Exchange operates a
data center in Mahwah, New Jersey (the ``data center'') from which
it provides co-location services to Users.
---------------------------------------------------------------------------
The co-location services that the Exchange offers Users \5\ include
connectivity to third party data feeds from third party markets and
other content service providers (``Third Party Data Feeds'').\6\ The
list of Third Party Data Feeds is set forth in the Fee Schedules, and
includes the NYSE Global Index.\7\
---------------------------------------------------------------------------
\5\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See Securities
Exchange Act Release No. 76010 (September 29, 2015), 80 FR 60197
(October 5, 2015) (SR-NYSEArca-2015-82). As specified in the Price
List, 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 American LLC (``NYSE American'' and, together with NYSE LLC,
the ``Affiliate SROs''). See Securities Exchange Act Release No.
70173 (August 13, 2013), 78 FR 50459 (August 19, 2013) (SR-NYSEArca-
2013-80).
\6\ See Securities Exchange Act Release No. 80310 (March 24,
2017), 82 FR 15763 (March 30, 2017) (SR-NYSEArca-2016-89).
\7\ The NYSE Global Index feed includes index and exchange
traded product valuations data, with data drawn from the Exchange,
the Affiliate SROS, and third party exchanges. Because it includes
third party data, the NYSE Global Index feed is considered a Third
Party Data Feed. See id., at 15771.
---------------------------------------------------------------------------
The name of NYSE Global Index is changing to ``ICE Data Global
Index.''
[[Page 52348]]
The Exchange accordingly proposes to amend the Fee Schedules to reflect
the change. The Exchange does not propose to change the applicable
monthly recurring connectivity fee. The Exchange proposes the following
changes:
In the third sentence under ``Connectivity to Third Party
Data Feeds,'' the reference to ``NYSE Global Index'' would be changed
to ``ICE Data Global Index.''
In the table under ``Connectivity to Third Party Data
Feeds,'' the line listing ``NYSE Global Index'' and the related $100
monthly recurring connectivity fee would be deleted, and a new line
added, as follows (additions italicized):
------------------------------------------------------------------------
Monthly recurring
connectivity fee
Third Party Data Feed per Third Party
Data Feed
------------------------------------------------------------------------
Global OTC........................................... $100
ICE Data Global Index................................ 100
ICE Data Services Consolidated Feed <= 100 Mb........ 200
------------------------------------------------------------------------
General
As is the case with all Exchange co-location arrangements, (i)
neither a User nor any of the User's customers would be permitted to
submit orders directly to the Exchange unless such User or customer is
a member organization, a Sponsored Participant or an agent thereof
(e.g., a service bureau providing order entry services); (ii) use of
the co-location services proposed herein would be completely voluntary
and available to all Users on a non-discriminatory basis; \8\ and (iii)
a User would only incur one charge for the particular co-location
service described herein, regardless of whether the User connects only
to the Exchange or to the Exchange and one or both the Affiliate
SROs.\9\
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\8\ As is currently the case, Users that receive co-location
services from the Exchange will not receive any means of access to
the Exchange's trading and execution systems that is separate from,
or superior to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange's trading and execution systems
through the same order gateway, regardless of whether the sender is
co-located in the data center or not. In addition, co-located Users
do not receive any market data or data service product that is not
available to all Users, although Users that receive co-location
services normally would expect reduced latencies in sending orders
to, and receiving market data from, the Exchange.
\9\ See 78 FR 50459, supra note 5, at 50459. The Affiliate SROs
have also submitted substantially the same proposed rule change to
propose the changes described herein. See SR-NYSE-2017-55 and SR-
NYSEAMER-2017-28.
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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 proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Sections 6(b)(5) of the Act,\11\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest.
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\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(5).
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The non-substantive change proposed is intended solely to reflect
the name change of ``NYSE Global Index'' to ``ICE Data Global Index.''
The proposed rule change, therefore would remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, protect investors and the public interest
because it would update the Fee Schedules to reflect the name change,
increasing the clarity and transparency of the Exchange's rules.
For the reasons above, the proposed changes would not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms and conditions established from time to time by the Exchange.
For these reasons, the Exchange believes that the proposal is
consistent with the Act.
B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,\12\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because it is solely intended to reflect the name
change of ``NYSE Global Index'' to ``ICE Data Global Index.'' No other
change is proposed.
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\12\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule
19b-4 \14\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 17 CFR 240.19b-4(f)(2).
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At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\15\ 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEARCA-2017-124 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-NYSEARCA-2017-124. 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
[[Page 52349]]
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 Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEARCA-2017-124 and should be
submitted on or before December 4, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24442 Filed 11-9-17; 8:45 am]
BILLING CODE 8011-01-P