Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices 52349 

16 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 

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. 

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. 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). 

6See Securities Exchange Act Release No. 80309 

(March 24, 2017), 82 FR 15725 (March 30, 2017) 

(SR–NYSEMKT–2016–63). 

7The 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. 

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–2017–124 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 

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 

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 

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 

Monthly recurring 

connectivity fee 

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 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 


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52350 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices 

8As 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. 

9See 78 FR 50471, supra note 5, at 50471. The 

Affiliate SROs have also submitted substantially the 

same proposed rule change to propose the changes 

described herein. See SR–NYSE–2017–55 and SR– 

NYSEArca–2017–124. 

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

11 15 U.S.C. 78f(b)(5). 

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). 16 17 CFR 200.30–3(a)(12). 

order entry services); (ii) use of the colocation 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

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. 

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 

Price List and Fee Schedule 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. 

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– 

NYSEAMER–2017–28 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–2017–28. 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 (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–NYSEAMER–2017–28 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. 2017–24441 Filed 11–9–17; 8:45 am] 

BILLING CODE 8011–01–P 


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