49426 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4Port fees are not applicable to ports used for the 

Exchange’s Risk Management Gateway service. 

Further, no fee applies to ports in the backup 

datacenter that are not utilized during the relevant 

month. No fee applies to ports in the backup 

datacenter that are utilized when the primary 

datacenter is unavailable. However, if a port in the 

backup datacenter is utilized when the primary 

datacenter is available, then the fee shall apply. 

5No fee applies to ports in the backup datacenter 

if configured such that it is duplicative of another 

drop copy port of the same user. Only one fee per 

drop copy port applies, even if the port receives 

drop copies from multiple order/quote entry ports 

and/or drop copies for activity on both NYSE Arca 

Equities and NYSE Arca Options. 

6See Securities Exchange Act Release No. 81573 

(September 11, 2017), 82 FR 43430 (September 15, 

2017) (SR–NYSEArca–2017–97) (the ‘‘Port Fee 

Filing’’). Fees for ports activated before August 21, 

2017, however, are not pro-rated and are charged 

flat fees. Billing for ports activated before August 

21, 2017 is based on the number of ports on the 

third business day prior to the end of the month. 

See Securities Exchange Act Release No. 66110 

(January 5, 2012), 77 FR 1766 (January 11, 2012) 

(SR–NYSEArca–2012–01). 

7See Trader Update at https://www.nyse.com/ 

publicdocs/nyse/markets/nyse/Pillar_Update_

NYSE_American_ARCA_NYSE_Tapes_B_and_

C.pdf. On June 22 [sic], 2017, the Exchange 

provided ETP Holders with notice that the phase II 

ports would be available on August 21, 2017. See 

Trader Update at https://www.nyse.com/ 

publicdocs/nyse/notifications/trader-update/Pillar_

Phase_II_Update_Native_gateways_June_16_

2017.pdf. 

DATES: The correction is effective 

October 25, 2017. 

ADDRESSES: Submit comments directly 

to the OMB reviewer at: Aaron Szabo 

Desk Officer, Office of Information and 

Regulatory Affairs (3150–0132), NEOB– 

10202, Office of Management and 

Budget, Washington, DC 20503; 

telephone: 202–395–3621, email: oira_

submission@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

David Cullison, NRC Clearance Officer, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–2084; email: 

INFOCOLLECTS.Resource@nrc.gov. 

SUPPLEMENTARY INFORMATION: In the FR 

on October 13, 2017 in FR Doc. 2017– 

22144, on page 47779, in the first 

column, item #9, correct ‘‘79,040 hours 

(33,909 hours reporting + 42,319 hours 

recordkeeping + 2,812 hours third-party 

disclosure)’’ to read ‘‘78,800 hours 

(33,669 hours reporting + 42,319 hours 

recordkeeping + 2,812 hours third-party 

disclosure).’’ On page 47778, in the 

third column, correct the ADAMS 

Accession No. for the supporting 

statement ‘‘ML17208A007’’ to read 

‘‘ML17292A963.’’ 

Dated at Rockville, Maryland, this 20th day 

of October 2017. 

For the Nuclear Regulatory Commission. 

David Cullison, 

NRC Clearance Officer, Office of the Chief 

Information Officer. 

[FR Doc. 2017–23174 Filed 10–24–17; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81901; File No. SR– 

NYSEArca–2017–121] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend the NYSE Arca 

Equities Fees and Charges 

October 19, 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 

6, 2017, NYSE Arca, Inc. (the 

‘‘Exchange’’ or ‘‘NYSE Arca’’) 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 the 

NYSE Arca Equities Fees and Charges 

(the ‘‘Fee Schedule’’) to adopt a 

Decommission Extension Fee that 

would be applicable for the use of 

certain ports connecting to NYSE Arca 

during the months of March through 

May 2018. 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 Schedule to adopt a Decommission 

Extension Fee that would be applicable 

to ETP Holders for the use of certain 

ports used to connect to NYSE Arca for 

a three-month period from March 2018 

through May 2018 (the ‘‘extension 

period’’). 

The Exchange currently makes ports 

available that provide connectivity to 

the Exchange’s trading systems (i.e., 

ports for the entry of orders and/or 

quotes (‘‘order/quote entry ports’’)) and 

charges $550 per port per month.4 The 

Exchange also currently makes ports 

available for drop copies and charges 

$550 per port per month.5 Pursuant to 

a recent proposed rule change, effective 

October 1, 2017, the monthly fees for 

ports activated after August 18, 2017, 

the last trading day prior to the 

introduction of ports that communicate 

to the Exchange using Pillar phase II 

protocols (‘‘phase II ports’’), are prorated 

to the number of trading days in a 

billing month, including any scheduled 

early closing days, that a port is 

connected to the Exchange.6

The Exchange makes available ports 

that communicate with the Exchange 

using Pillar phase I protocols (‘‘phase I 

ports’’) and phase II ports. The proposed 

Decommission Extension Fee would 

apply only to ETP Holders that use 

phase I ports during the extension 

period. 

The Exchange previously provided 

notice to ETP Holders to migrate to 

phase II ports over approximately a sixmonth period, which began on August 

21, 2017.7 Because fees associated with 

ports are billed on a monthly basis, the 

period by which ETP Holders should 

migrate to phase II ports will end at the 

close of trading on February 28, 2018. 

Notwithstanding prior notice to ETP 

Holders to migrate fully to phase II ports 

before the end of February 2018, the 

Exchange has determined to continue to 

make phase I ports available through the 

end of May 2018. Because continued 

support for phase 1 ports requires the 

Exchange to dedicate resources, the 

Exchange proposes a Decommission 

Extension Fee that would be applicable 

to use of such ports during the 

extension period. Specifically, during 

the extension period, the Exchange will 

incur ongoing costs in maintaining 

phase I ports, including costs to 

maintain servers and their physical 

location, monitoring order activity, and 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 49427 

8The concept of a Decommission Extension Fee 

is not novel. The Exchange previously adopted a 

Decommission Extension Fee for receipt of market 

data products to encourage subscribers to migrate 

to a new distribution channel. See Securities 

Exchange Act Release Nos. 79287 (November 10, 

2016), 81 FR 81216 (SR–NYSEMKT–2016–100); and 

77389 (March 17, 2016), 81 FR 15363 (March 22, 

2016) (SR–NYSEMKT–2016–37). 

9 15 U.S.C. 78f(b). 

10 15 U.S.C. 78f(b)(4). 

11See supra note 7. 

12 15 U.S.C. 78f(b)(8). 

13 15 U.S.C. 78s(b)(3)(A). 

14 17 CFR 240.19b–4(f)(2). 

15 15 U.S.C. 78s(b)(2)(B). 

other support, that are separate from the 

costs in maintaining phase II ports. 

The phase II ports are part of the 

Exchange’s efforts to upgrade its 

connectivity. The purpose of the 

proposed Decommission Extension Fee 

is to provide an incentive for ETP 

Holders to fully transition to the phase 

II ports within the initial six-month 

transition period so the Exchange does 

not have to maintain and support both 

phase I ports and phase II ports at the 

end of the six-month transition period. 

In addition, to the extent that ETP 

Holders do not fully transition to phase 

II ports within the initial six-month 

transition period, the Exchange believes 

that the costs associated with continued 

support of phase I ports should be paid 

for by ETP Holders using phase I ports. 

Therefore, during the extension period, 

ETP Holders that continue to connect to 

the Exchange through phase I ports 

would be subject to the proposed 

Decommission Extension Fee of $2,450 

per port per month for March 2018, 

April 2018 and May 2018.8 The 

proposed Decommission Extension Fee 

would be charged in addition to the 

existing port fees currently set forth in 

the Fee Schedule. The extension period 

would expire at the end of trading on 

May 31, 2018, on which date the phase 

I ports will be fully decommissioned. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,9 in general, and 

furthers the objectives of Sections [sic] 

6(b)(4) of the Act,10 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. 

The Exchange believes that the 

proposed Decommission Extension Fee 

for ETP Holders that choose to continue 

to connect to the Exchange through the 

use of phase I ports after the transition 

period, which is scheduled to end at the 

close of trading on February 28, 2018, is 

equitable and not unfairly 

discriminatory because the proposed fee 

would apply equally to all ETP Holders 

that choose to connect to the Exchange 

through the use of such ports during the 

extension period. As noted above, the 

Exchange will incur ongoing costs in 

maintaining phase I ports during the 

extension period, including costs to 

maintain servers and their physical 

location, monitoring order activity, and 

other support, with no real benefit. The 

Exchange believes that it is reasonable 

to require ETP Holders to pay the 

proposed Decommission Extension Fee 

as an additional fee during the 

extension period for connecting to the 

Exchange through phase I ports because 

ETP Holders were provided with two 

months’ notice that the phase II ports 

would be available beginning August 

21, 2017, and will be provided with a 

six-month period during which to 

transition to phase II ports.11 The 

Exchange believes that these notices 

have provided ETP Holders with ample 

time to transition to phase II protocols 

by February 28, 2017 and the 

Decommission Extension Fee is 

designed to provide an additional 

incentive to transition to the phase II 

protocols by February 28, 2017. Due to 

the fixed costs incurred by the Exchange 

to support phase I ports during the 

extension period, the Exchange believes 

that it is fair and reasonable to charge 

increased fees to cover the costs of such 

support during the extension period 

because it is expected that the number 

of ETP Holders that do not transition to 

phase II ports by February 28, 2018 will 

be small. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

In accordance with Section 6(b)(8) of 

the Act,12 the Exchange does not believe 

that the proposed rule change will 

impose any burden on intermarket or 

intramarket competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act in that it is 

simply designed to set forth the 

Exchange’s adoption of a fee during the 

extension period to provide an incentive 

to ETP Holders to transition to phase II 

ports. The Exchange believes that fees 

for connectivity are constrained by the 

robust competition for order flow among 

exchanges and non-exchange markets. 

Further, excessive fees for connectivity, 

including port fees, would serve to 

impair an exchange’s ability to compete 

for order flow rather than burdening 

competition. The Exchange also does 

not believe the proposed rule change 

would impact intramarket competition 

as it would apply to all ETP Holders 

equally that connect to the Exchange 

through the use of such ports. 

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

NYSEArca–2017–121 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–NYSEArca–2017–121. This 

file number should be included on the 

subject line if email is used. To help the 

Commission process and review your 


sradovich on DSK3GMQ082PROD with NOTICES
49428 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 

16 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78k–1. 

2 17 CFR 242.608. 

3The OPRA Plan is a national market system plan 

approved by the Commission pursuant to Section 

11A of the Act and Rule 608 thereunder. See 

Securities Exchange Act Release No. 17638 (March 

18, 1981), 22 S.E.C. Docket 484 (March 31, 1981). 

The full text of the OPRA Plan and a list of its 

fifteen participants are available at http:// 

www.opradata.com. The OPRA Plan provides for 

the collection and dissemination of last sale and 

quotation information on options that are traded on 

the participant exchanges. 

4OPRA defines a ‘‘Vendor,’’ in general, as an 

entity that receives OPRA data and redistributes it 

externally, that is, to persons other than its own 

employees and employees of its wholly-owned 

subsidiaries. 

5OPRA defines a ‘‘Subscriber,’’ in general, as an 

entity or person that receives OPRA data but does 

not redistribute it to third parties, and defines a 

‘‘Nonprofessional Subscriber’’ as a Subscriber who 

is a ‘‘Nonprofessional.’’ OPRA’s definition of the 

term ‘‘Nonprofessional’’ is stated in its forms of 

‘‘Electronic Subscriber Agreement’’ and ‘‘Hardcopy 

Subscriber Agreement.’’ These forms are available 

on OPRA’s Web site, www.opradata.com. With a 

limited exception for certain personal trusts that is 

described in the Electronic Subscriber Agreement 

and Hardcopy Subscriber Agreement, a 

Nonprofessional Subscriber must be a natural 

person. 

6Many Vendors prefer to pay the flat 

Nonprofessional Subscriber Fee, even though their 

aggregate fees on the basis of Usage-based Vendor 

Fees might be lower and could not be greater, due 

to the administrative simplicity of doing so and the 

fact that the cost on a per Subscriber basis of doing 

so is very small. 

7See Securities Exchange Act Release No. 66564 

(March 9, 2012) (File No. SR–OPRA–2012–02). 

8For example, a hypothetical Vendor that reports 

310,000 Nonprofessional Subscribers in a month 

would pay total Nonprofessional Subscriber Fees of 

$337,500 for the month: The sum of (75,000 × 

$1.25) + (75,000 × $1.15) + (150,000 × $1.00) + 

(10,000 × $0.75). 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (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 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–2017–121 and 

should be submitted on or before 

November 15, 2017. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–23116 Filed 10–24–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81900; File No. SR–OPRA– 

2017–02] 

Options Price Reporting Authority; 

Notice of Filing and Immediate 

Effectiveness of Proposed Amendment 

To Modify the OPRA Fee Schedule To 

Eliminate the Enterprise Rate NonProfessional Subscriber Fee and 

Amend the Non-Professional 

Subscriber Fee 

October 19, 2017. 

Pursuant to Section 11A of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 608 thereunder,2

notice is hereby given that on 

September 27, 2017, the Options Price 

Reporting Authority (‘‘OPRA’’) 

submitted to the Securities and 

Exchange Commission (‘‘Commission’’) 

an amendment to the Plan for Reporting 

of Consolidated Options Last Sale 

Reports and Quotation Information 

(‘‘OPRA Plan’’).3 The OPRA Plan 

amendment would implement changes 

to the Non-Professional Subscriber Fee 

and Eliminate the Enterprise Rate NonProfessional Subscriber Fee effective 

January 1, 2018. The Commission is 

publishing this notice to provide 

interested persons an opportunity to 

submit written comments on the OPRA 

Plan amendment. 

I. Description and Purpose of the Plan 

Amendment 

(a) Fee Schedule Amendments 

The purpose of the amendment is to 

eliminate OPRA’s Enterprise Rate 

Nonprofessional Subscriber Fee 

(‘‘Enterprise Rate Nonpro Fee’’) and to 

revise its Nonprofessional Subscriber 

Fee so that, instead of being a flat fee of 

$1.25 per month per Nonprofessional 

Subscriber, the Nonprofessional 

Subscriber Fee will have five tiers, with 

the tier for a Vendor’s first 75,000 

Nonprofessional Subscribers subject to 

the current rate of $1.25 per month and 

each of the successive higher tiers 

subject to a lower rate. 

OPRA’s Fee Schedule provides that a 

Vendor 4 may determine the fee that it 

pays with respect to its distribution of 

current OPRA data to a Nonprofessional 

Subscriber 5 in one of two ways: Either 

the Vendor may pay OPRA’s monthly 

Nonprofessional Subscriber Fee 

(currently $1.25/month), or the Vendor 

may count the Nonprofessional 

Subscriber’s queries for OPRA data and 

pay Usage-based Vendor Fees based on 

the actual usage of OPRA data by the 

Nonprofessional Subscriber, subject to a 

cap that OPRA has always set at the 

amount of the Nonprofessional 

Subscriber Fee.6

OPRA introduced the Enterprise Rate 

Nonpro Fee in 2012.7 The purpose of 

the Fee was to limit the maximum 

aggregate amount of Nonprofessional 

Subscriber Fees and Usage-based 

Vendor Fees with respect to 

Nonprofessional Subscribers that any 

Vendor would be required to pay with 

respect to its Nonprofessional 

Subscribers. OPRA’s Enterprise Rate 

Nonpro Fee was established at $375,000 

per month. When the Enterprise Rate 

Nonpro Fee was introduced, the fee 

provided a benefit to one OPRA Vendor, 

but OPRA’s expectation was that the fee 

would provide an incentive for other 

Vendors to increase the number of 

Nonprofessional Subscribers to whom 

they distribute OPRA data. 

OPRA’s expectation for the Enterprise 

Rate Nonpro Fee has not been fulfilled. 

The fee continues to provide a benefit 

to only one OPRA Vendor, and it now 

appears to OPRA that this is likely to 

remain the case indefinitely. 

Accordingly, OPRA is proposing to 

eliminate the Enterprise Rate Nonpro 

Fee and, at the same time, revise 

OPRA’s Nonprofessional Subscriber Fee 

so that the fee has five tiers: $1.25/ 

month for a Vendor’s first 75,000 

Nonprofessional Subscribers, $1.15/ 

month for the Vendor’s next 75,000 

Nonprofessional Subscribers, $1.00/ 

month for the Vendor’s next 100,000 

Nonprofessional Subscribers, $0.75/ 

month for the Vendor’s next 250,000 

Nonprofessional Subscribers, and $0.60/ 

month for the Vendor’s Nonprofessional 

Subscribers in excess of 500,000 

Nonprofessional Subscribers.8

If all Vendors were to continue to 

distribute OPRA data to 

Nonprofessional Subscribers at their 

current rates, these changes would 

result in an increase in OPRA’s annual 

revenues of approximately $135,000. 

However, OPRA anticipates that, in fact, 


sradovich on DSK3GMQ082PROD with NOTICES