Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices 8659 

4See 5 U.S.C. 552 and 15 U.S.C. 78m(h)(7). 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Rule 970.10NY. 

5A series may be considered ‘‘active’’ on an 

intraday basis if: (i) the series trades at any options 

exchange; (ii) the Exchange receives an order in the 

series; or (iii) the Exchange receives a request for 

quote from a Customer in that series.’’ See Rule 

970.1NY. 

6See Securities Exchange Act Release Nos. 59142 

(December 22, 2008), 73 FR 80494, 80501 

(December 31, 2008) (notice citing fact that Rules 

970NY and 970.1NY copy the NYSE Arca quote 

mitigation rule); 59472 (February 29, 2009), 74 FR 

9843 (March 6, 2009) (order approving adoption of 

Rules 970NY and 970.1NY) See also Securities 

Exchange Act Release Nos. 88532 (April 1, 2020), 

85 FR 19545 (April 7, 2020) (File No. 4–443) (order 

approving Amendment No. 5 to the Plan for the 

Purpose of Developing and Implementing 

Procedures to Facilitate the Listing and Trading of 

Standardized Options); 55162 (January 24, 2007), 72 

FR 4738 (February 1, 2007) (SR–Amex–2006–106) 

(approval of Penny Pilot Program and original quote 

mitigation strategy). 

trigger the identification requirements of 

the rule. 

The respondents to the collection of 

information required by Rule 13h–1 and 

Form 13H are large traders and 

registered broker-dealers. The 

Commission estimates that the total 

annual time burden associated with 

Rule 13h–1 and Form 13H is 

approximately 185,200 hours per year. 

This burden is comprised of 23,500 

hours for initial filings by large traders 

on Form 13H, 58,500 hours for updates 

by large traders, 96,000 hours for brokerdealer reporting, and 7,200 hours for 

broker-dealer monitoring. 

Compliance with Rule 13h–1 is 

mandatory. The information collection 

under proposed Rule 13h–1 is 

considered confidential subject to the 

limited exceptions provided by the 

Freedom of Information Act.4

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

estimates of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted in 

writing within 60 days of this 

publication. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

under the PRA unless it displays a 

currently valid OMB control number. 

Please direct your written comments 

to: David Bottom, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Cynthia 

Roscoe, 100 F Street NE, Washington, 

DC 20549, or send an email to: PRA_

Mailbox@sec.gov. 

Dated: February 3, 2021. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–02505 Filed 2–5–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–91039; File No. SR– 

NYSEAMER–2021–05] 

Self-Regulatory Organizations; NYSE 

American LLC; Notice of Filing of 

Proposed Rule Change To Amend Rule 

970NY and Rule 970.1NY To Eliminate 

the Use of Dark Series on the 

Exchange 

February 2, 2021. 

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 January 

26, 2021, NYSE American LLC (‘‘NYSE 

American’’ 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 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 

Rule 970NY (Firm Quotes) and Rule 

970.1NY (Quote Mitigation) to eliminate 

the use of dark series on the Exchange. 

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 purpose of this rule change is to 

eliminate the exclusion of inactive or 

‘‘dark’’ series (as described below) from 

the requirements of Rule 970NY (Firm 

Quotes). In addition, the Exchange 

proposes to delete Rule 970.1NY (Quote 

Mitigation) in its entirety. 

Rule 970NY describes the obligations 

of the Exchange to collect, process and 

make available to quotation vendors the 

best bid and best offer for each option 

series that is a reported security.4

However, under Rule 970.1NY, the only 

quote messages that the Exchange sends 

to Options Price Reporting Authority 

(‘‘OPRA’’) are quotes for ‘‘active’’ series, 

which are defined as any series that: (i) 

Has traded on any options exchange in 

the previous 14 calendar days; (ii) is 

solely listed on the Exchange; (iii) has 

been trading ten days or less; or (iv) is 

a series in which the Exchange has an 

order.5 Any options series that falls 

outside of the above categories of 

‘‘active’’ series are deemed inactive or 

‘‘dark’’ series. As such, under Rule 

970.1NY, the Exchange still accepts 

quotes from ATP Holders in these 

series; however, such quotes are not 

disseminated to OPRA. The Exchange 

proposes to modify Rule 970NY and to 

delete Rule 970.1NY to eliminate the 

use of ‘‘dark’’ series. 

By way of background, Rules 970NY 

and 970.1NY were adopted over a 

decade ago in conformance with the 

NYSE Arca Rule 6.86–O in connection 

with the Penny Pilot Program, which 

has since been made permanent.6 In 

2007, when NYSE Arca Rule 6.86–O 

was adopted, there were five options 

exchanges and an industry-wide 

concern about ‘‘capacity issues related 


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8660 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices 

7See Securities Exchange Act Release No. 54590 

(October 12, 2006), 71 FR 61525, 61527 (October 18, 

2006) (SR–NYSEArca–2006–73) (notice regarding 

adoption of NYSE Arca Rule) (‘‘Arca Notice’’). For 

example, in 2006–2007, OPRA had the capacity to 

process 360,000 message per second and, at its peak 

message rate, the Exchange accounted for 15% of 

OPRA capacity, sending 55, 248 message per 

second for active series. 

8OPRA has delegated certain functions pertaining 

to planning the capacity of the OPRA System to an 

Independent System Capacity Advisor (‘‘ISCA’’) 

that ‘‘may provide less than all of the capacity that 

has been requested if it determines (a) that the 

capacity requests of one or more of the parties are 

unreasonable, or (b) that it is not reasonable to 

develop or maintain a System that has capacity 

sufficient to satisfy the requests of the parties.’’ See 

the OPRA Capacity Guidelines, at p. 1, available 

here, https://assets.website-files.com/5ba40927ac

854d8c97bc92d7/5bf419b52de21fff3e88107f_

capacity_guidelines.pdf. The Exchange has never 

been informed by the ISCA that the capacity it has 

requested cannot be met for any reason, including 

because the ISCA had deemed the request to be 

unreasonable. Thus, the Exchange believes that any 

increase in quote traffic that might be sent to OPRA 

as a result of the current proposal should not 

impact any other exchange’s capacity at OPRA. 

9See Securities Exchange Act Release No. 61978 

(April 23, 2010), 75 FR 22886 (April 30, 2010) (SR– 

NYSEAmex–2010–3). See also OLPP, available at, 

http://www.theocc.com/clearing/industry-services/ 

olpp.jsp. 

10Rule 903A codified Amendment No. 3 to the 

OLPP. See Securities Exchange Act Release No. 

60531 (August 19, 2009), 74 FR 43173 (File No. 4– 

443). See also Rule 903A. 

11 Id., 74 FR at 43174. 

12When NYSE Arca adopted its quote mitigation 

rule, which the Exchange copied, it estimated that 

deployment of the rule would reduce its quote 

traffic by 20–30%. See supra note 7, Arca Notice, 

71 FR at 61527. In actuality, the rule has resulted 

in a reduction of approximately 10% of quote 

message traffic to OPRA. The Exchange believes 

this disparity was a result of the number of 

‘‘inactive’’ series being much lower than anticipated 

because of increased competition and quoting 

activity as well as limitations on proliferation of 

unnecessary strikes, per the OLPP. 

13See Securities Exchange Act Release No. 65572 

(October 14, 2011), 76 FR 65310 (October 20, 2011) 

(NYSEAmex–2011–61). See also Commentary .01 to 

Rule 925.1NY. 

14An ‘‘adjusted series’’ is ‘‘an option series 

wherein, as a result of a corporate action by the 

issuer of the underlying security, one option 

contract in the series represents the delivery of 

other than 100 shares of underlying stock or 

Exchange-Traded Fund Shares.’’ See Commentary 

.01 to Rule 925.1NY. 

15See supra note 13, 76 FR at 65311. 

to excessive quoting rates.’’ 7 However, 

since that time, 11 new exchanges 

launched, resulting in a total 16 options 

exchanges. With the increase in the 

number of exchanges, and associated 

quote traffic, OPRA capacity has been 

increased without issue. 

As discussed further below, the 

Exchange believes that OPRA has the 

capacity to accommodate any increase 

in quote traffic from the Exchange 

arising from the publication of quotes in 

‘‘dark series.’’ As an OPRA participant, 

the Exchange makes capacity requests to 

OPRA. Notwithstanding Rule 970.1NY, 

when the Exchange makes capacity 

requests to OPRA, it has always factored 

the total quote traffic it receives from 

Market Makers, including quotes in dark 

series.8 In other words, the Exchange 

presumes that all series will be active 

and therefore requests capacity to 

accommodate sending quotes for all 

series to OPRA. As such, the Exchange 

does not believe the proposed rule 

change would impact or change its 

capacity requests to OPRA. Nor would 

it change the total amount of capacity 

needed at OPRA to accommodate quotes 

in dark series from the Exchange 

because those series have already been 

factored into the Exchange’s capacity 

requests to OPRA. Similarly, because 

OPRA publishes quote capacity 

information to the market (which 

already incorporates capacity planning 

that includes quotes in dark series that 

would be disseminated to OPRA), 

market participants (including data 

vendors and subscribers) have the 

opportunity to prepare for and make any 

necessary accommodations for 

anticipated quote traffic. Accordingly, 

the elimination of the Exchange’s 

suppression of quotes in dark series 

should not impact market participants 

or downstream users that consume 

Exchange or OPRA data. Thus, the 

Exchange believes that this proposal 

would not impact its capacity requests 

to OPRA nor would it impact market 

participants or downstream consumers 

of OPRA data. 

The Exchange also believes that the 

proposed discontinuation of its 

suppression of quotes in dark series 

would increase transparency and 

enhance price discovery. Specifically, as 

proposed, all Market Maker quotes 

(including in ‘‘inactive series’’ under the 

current Rule) would be displayed and 

reflected in the market to the benefit of 

all market participants who would be on 

notice of such liquidity. The Exchange 

also notes that, over the years, certain 

market participants have expressed 

confusion regarding what quotes are 

being published and which are being 

suppressed. Therefore, the Exchange 

believes that the proposal would remove 

the element of potential confusion 

among market participants by 

publishing all quotes (not just those in 

active series) in the disseminated quote 

feed. 

Importantly, since the adoption of 

Rule 970.1NY, the Exchange has 

implemented the following measures 

that serve as additional safeguards 

against excessive quoting: 

—Monitoring: The Exchange actively 

monitors the quotation activity of its 

Market Makers. When the Exchange detects 

that a Market Maker is disseminating an 

unusual number of quotes, the Exchange 

contacts that Market Maker and alerts it to 

such activity. Such monitoring may reveal 

that the Market Maker may have internal 

system issues or has incorrectly set system 

parameters that were not immediately 

apparent. Alerting a Market Maker to the 

heightened levels of activity will usually 

result in a change that reduces the number 

of quotes sent to the Exchange by the 

Market Maker. 

—Codification of select provisions of the 

Options Listing Procedures Plan (‘‘OLPP’’) 

in Rule 903A.9 The OLPP is a national 

market system plan that, among other 

things, sets forth procedures governing the 

listing of new options series. From the 

OLPP, the Exchange incorporated in Rule 

903A ‘‘applied uniform standards to the 

range of options series exercise (or strike) 

prices available for trading on the 

[Exchange] as a quote mitigation 

strategy.’’ 10 In approving the OLPP 

provisions, subsequently incorporated in 

Rule 903A, the Commission indicated that 

‘‘adopting uniform standards to the range 

of options series exercise (or strike) prices 

available for trading on the [Exchange] 

should reduce the number of option series 

available for trading, and thus should 

reduce increases in the options quote 

message traffic because market participants 

will not be submitting quotes in those 

series.’’ 11 The Exchange believes that 

adherence to the OLPP standard for strike 

listings has contributed to the decline of 

the number of strikes listed, which has in 

turn, reduced the amount of quotes in 

‘‘dark series.’’ that were held back from 

OPRA. 12

—Refined Market Maker Quoting 

Obligations: One year after adopting select 

provisions of the OLPP, the Exchange 

refined the quoting obligations applicable 

to Market Makers as a quote mitigation 

strategy.13 Specifically, the Exchange 

adopted Commentary .01 to Rule 925.1NY, 

which states that Specialists’ and Market 

Makers’ continuous quoting obligations 

‘‘shall not apply to Market Makers with 

respect to adjusted option series, and series 

with a time to expiration of nine months 

or greater, for options on equities and 

Exchange Traded Fund Shares, and series 

with a time to expiration of twelve months 

or greater for Index options.’’ 14 Because 

there are no Market Maker quoting 

obligations associated with adjusted 

options series, there is a reduction in quote 

traffic that is sent to OPRA. Indeed, in 

approving the text of Commentary .01 to 

Rule 925.1NY, the Commission noted, 

‘‘. . . the Exchange’s proposal would 

reduce the burden on market makers to 

submit continuous quotes that the 

Exchange may not submit to OPRA.’’ 15

The Exchange believes that these 

quote mitigation strategies would allow 

the Exchange to continue to effectively 

mitigate quote message traffic. 

In connection with the foregoing, the 

Exchange proposes to amend paragraphs 

(b)(1) and (b)(2) of Rule 970NY to delete 

references to the ‘‘Quote Mitigation 


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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices 8661 

16 15 U.S.C. 78f(b). 

17 15 U.S.C. 78f(b)(5). 

Plan,’’ which refer to the plan set forth 

in Rule 970.1NY. In addition, the 

Exchange proposes to delete Rule 

970.1NY in its entirety. 

Implementation 

The Exchange will announce the 

implementation date of the proposed 

rule change in a Trader Update within 

60 days of rule approval. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Securities Exchange Act of 1934 

(the ‘‘Act’’),16 in general, and furthers 

the objectives of Section 6(b)(5) of the 

Act,17 in particular, in that it 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 elimination of Rule 970.1NY 

(and references to quote mitigation in 

Rule 970NY) would promote just and 

equitable principles of trade, as well as 

serve to remove impediments to and 

perfect the mechanism of a free and 

open market because the Exchange’s 

systems capacity is more than sufficient 

to accommodate any increase in quote 

traffic to OPRA as a result of the 

proposed rule change. First, the 

Exchange believes that the proposed 

elimination of Rule 970.1NY would 

promote just and equitable principles of 

trade, as well as serve to remove 

impediments to and perfect the 

mechanism of a free and open market 

because the proposed change would 

increase transparency and enhance 

price discovery. Specifically, as 

proposed, all Market Maker quotes 

(including those in ‘‘inactive series’’ 

under the current Rule) would be 

displayed and reflected in the market to 

the benefit of all market participants 

who would be on notice of such 

liquidity. The Exchange also believes 

that the proposal would remove the 

element of potential confusion among 

market participants by publishing all 

quotes (not just those in active series) in 

the disseminated quote feed. 

In addition, the proposed change 

would promote just and equitable 

principles of trade, as well as serve to 

remove impediments to and perfect the 

mechanism of a free and open market 

because the Exchange’s capacity 

requests already presume that all series 

are active. Hence, the Exchange believes 

that the existing capacity planning at 

OPRA already factors in quotes in dark 

series being lit and therefore does not 

believe that the elimination of this rule 

(and any resulting increase in quote 

traffic) would have a negative impact on 

capacity. 

The Exchange further believes that the 

existing quote mitigation strategies (i.e., 

monitoring of quoting activity, 

codification of the OLPP, and refined 

Market Maker quoting obligations) 

employed by the Exchange serve to 

reduce the potential for excessive 

quoting and therefore reduce quote 

traffic. 

Importantly, the circumstances giving 

rise to the NYSE Arca rule that the 

Exchange copied—industry-wide 

concern about ‘‘capacity issues related 

to excessive quoting rates’’—has 

subsided given that OPRA capacity has 

increased exponentially over the last 

decade coincident with the influx of 

new options exchanges. In addition, the 

proposed increase in quote traffic as a 

result of this proposal is minimal and 

therefore unlikely to adversely impact 

the flow of message traffic and/or harm 

downstream consumers of OPRA data. 

As noted above, the increase in quotes 

message traffic in dark series is already 

considered in the Exchange’s capacity 

requests to OPRA and already published 

to downstream users of OPRA data. As 

such, the Exchange believes the 

proposed change would not impede the 

protection of investors and the public 

interest. 

Thus, the Exchange believes there is 

sufficient capacity at OPRA to 

accommodate any additional quote 

traffic that will result from elimination 

of dark series. The Exchange therefore 

believes that its proposal will not 

impact the protection of investors and 

the public interest. 

Finally, as discussed above, the 

Exchange does not anticipate that its 

proposal would negatively impact 

systems capacity. However, to the extent 

it does, the Exchange has analyzed its 

capacity and represents that it and the 

OPRA have the necessary systems 

capacity to handle any incremental 

additional traffic associated with this 

proposed rule change. 

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. Specifically, 

as discussed above, the Exchange 

believes that any increase in quote 

traffic that might be sent to OPRA as a 

result of the proposed rule change 

would be minimal and should not 

impact any other exchange’s capacity at 

OPRA. The Exchange likewise believes 

that there would be no adverse impact 

on any downstream consumers of OPRA 

data given that any increase in quote 

traffic would be minimal and has 

already been included in the Exchange’s 

capacity planning requests to OPRA. 

Intramarket Competition. The 

elimination of ‘‘dark series’’ would 

increase intra market competition and 

improve quote quality, because prices 

and sizes of all Exchange quotations 

would be sent to OPRA to be published 

and updated. At present, Market Makers 

cannot ‘‘see’’ the internal best bid and 

offer in a dark series, nor can they 

improve upon the displayed market to 

establish price/time priority. This 

proposal to publish the quotes in 

inactive series will enhance intramarket 

competition because Market Makers will 

be able to submit more competitive 

quotes. 

Intermarket Competition. For reasons 

similar to those described in the 

Intramarket Competition section, 

eliminating the use of dark series and 

publishing to OPRA the Exchange’s 

previously unpublished quotes on such 

series would increase competition 

between markets, because NYSE 

American’s quotes would now be visible 

and included in the calculation of the 

NBBO. Including all NYSE American 

quotes in the NBBO (including those in 

dark series), an options participant will 

know if an order should be sent to 

NYSE American to get the best price. 

Market Makers that use a strategy to 

‘‘match’’ the NBBO will now need to 

factor NYSE American quotes into their 

calculations. 

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 

Within 45 days of the date of 

publication of this notice in the Federal 

Register or up to 90 days (i) as the 

Commission may designate if it finds 

such longer period to be appropriate 

and publishes its reasons for so finding 

or (ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(A) By order approve or disapprove 

the proposed rule change, or 


jbell on DSKJLSW7X2PROD with NOTICES
8662 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices 

18 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4The Exchange initially filed rule changes 

relating to its co-location services with the 

Securities and Exchange Commission 

(‘‘Commission’’) in 2010. See Securities Exchange 

Act Release No. 63275 (November 8, 2010), 75 FR 

70048 (November 16, 2010) (SR–NYSEArca–2010– 

100). 

5For 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 Fee Schedules, a User that 

incurs co-location fees for a particular co-location 

service pursuant thereto would not be subject to colocation fees for the same co-location service 

charged by the Exchange’s affiliates New York 

Stock Exchange LLC, NYSE American LLC, NYSE 

Chicago, Inc., and NYSE National, Inc. (together, 

the ‘‘Affiliate SROs’’). See Securities Exchange Act 

Release No. 70173 (August 13, 2013), 78 FR 50459 

(August 19, 2013) (SR–NYSEArca–2013–80). Each 

Affiliate SRO has submitted substantially the same 

proposed rule change to propose the changes 

described herein. See SR–NYSE–2021–05, SR– 

NYSEAMER–2021–04, SR–NYSECHX–2021–01, 

and SR–NYSENAT–2021–01. 

(B) institute proceedings to determine 

whether the proposed rule change 

should be 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

NYSEAMER–2021–05 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–2021–05. 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–2021–05 and 

should be submitted on or before March 

1, 2021. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–02465 Filed 2–5–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting; Cancellation 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: 86 FR 7759, February 

1, 2021. 

PREVIOUSLY ANNOUNCED TIME AND DATE OF

THE MEETING: Thursday, February 4, 

2021 at 2:00 p.m. 

CHANGES IN THE MEETING: The Closed 

Meeting scheduled for Thursday, 

February 4, 2021 at 2:00 p.m., has been 

cancelled. 

CONTACT PERSON FOR MORE INFORMATION: 

For further information; please contact 

Vanessa A. Countryman from the Office 

of the Secretary at (202) 551–5400. 

Dated: February 4, 2021. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2021–02692 Filed 2–4–21; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–91044; File No. SR– 

NYSEARCA–2021–07] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing of Proposed 

Rule Change To Amend the NYSE Arca 

Equities Fees and Charges and the 

NYSE Arca Options Fees and Charges 

Related to Co-Location Services 

February 2, 2021. 

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 January 

19, 2021, 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 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 Equities Fees and Charges 

and the NYSE Arca Options Fees and 

Charges (together, the ‘‘Fee Schedules’’) 

related to co-location services to add 

two Partial Cabinet Solution bundles. 

The proposed change is available on the 

Exchange’s website at www.nyse.com, at 

the principal office of the Exchange, and 

at the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend its 

Fee Schedules related to co-location 4

services to add two Partial Cabinet 

Solution (‘‘PCS’’) bundles that would be 

offered to Users.5


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