[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Proposed Rules]
[Page 54943-54944]
[DOCID:fr26oc09-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0867; Airspace Docket No. 09-ASW-16]
RIN 2120-AA66

Proposed Establishment of Area Navigation Route Q-37; Texas

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish a high altitude area
navigation (RNAV) route, designated Q-37, extending between the Pueblo,
CO, very high frequency omnidirectional range/tactical air navigation
(VORTAC) navigation aid and the Fort Stockton, TX, VORTAC. The new
route would provide pilots and air traffic controllers with an
efficient alternative route around potentially constrained airspace
during convective weather events in west Texas.

DATES: Comments must be received on or before December 10, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2009-
0867 and Airspace Docket No. 09-ASW-16 at the beginning of your
comments. You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2009-0867 and Airspace Docket No. 09-ASW-16) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2009-0867 and Airspace Docket No. 09-ASW-16.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, Operations Support Group,
Federal Aviation Administration, 2601 Meacham Blvd., Fort Worth, TX
76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish a high altitude RNAV route,
designated Q-37, between the Pueblo, CO, VORTAC and the Fort Stockton,
TX, VORTAC. The new route would provide pilots and air traffic
controllers with an efficient alternative route around potentially
constrained airspace during convective weather events in west Texas.
Additionally, the new route would be integrated into the existing
National Playbook Severe Weather Avoidance Plan routes to Houston, TX,
terminal airports through Albuquerque Air Route Traffic Control
Center's airspace, in lieu of the current process of coordinating
tactical modifications to routings with the FAA Air Traffic Control
System Command Center.
    High altitude RNAV routes are published in paragraph 2006 of FAA
Order 7400.9T signed August 27, 2009, and effective September 15, 2009,
which is incorporated by reference in 14 CFR 71.1. The RNAV route
listed in this

document will be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes an RNAV route to enhance the safe and efficient flow
of traffic in the central United States.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is amended as follows:

Paragraph 2006--United States Area Navigation Routes

* * * * *

Q-37 FST, TX to PUB, CO [New]

FST.........................  VORTAC..............  (Lat. 30[deg]57'08'' N., long. 102[deg]58'33'' W.)
CAVRN.......................  WP..................  (Lat. 31[deg]49'31'' N., long. 104[deg]00'42'' W.)
YORUB.......................  WP..................  (Lat. 32[deg]55'52'' N., long. 104[deg]14'01'' W.)
IMMAS.......................  WP..................  (Lat. 34[deg]54'18'' N., long. 104[deg]18'53'' W.)
PUB.........................  VORTAC..............  (Lat. 38[deg]17'39'' N., long. 104[deg]25'46'' W.)

* * * * *

    Issued in Washington, DC, on October 15, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-25607 Filed 10-23-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67170-67171]
[FR Doc No: 2016-23635]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0893]

Eighth Coast Guard District Annual Safety Zones; Pittsburgh
Steelers Fireworks; Allegheny River Mile 0.0-0.25, Ohio River 0.0-0.1,
Monongahela River 0.0-0.1

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Pittsburgh
Steelers Fireworks on the Allegheny River, from mile 0.0 to 0.25, Ohio
River mile 0.0-0.1 and Monongahela River 0.0-0.1, to protect vessels
transiting the area and event spectators from the hazards associated
with the Pittsburgh Steelers barge-based fireworks display. During the
enforcement period, entry into, transiting, or anchoring in the safety
zone is prohibited to all vessels not registered with the sponsor as
participants or official patrol vessels, unless specifically authorized
by the Captain of the Port (COTP) Pittsburgh or a designated
representative.

DATES: The regulations in 33 CFR 165.801 Table 1, Sector Ohio Valley,
No. 67 is effective from 7 p.m. until 9 p.m., on October 2, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email MST1 Jennifer Haggins, Marine
Safety Unit Pittsburgh, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone
for the annual Pittsburgh Pirates Fireworks listed in 33 CFR 165.801
Table 1, Sector Ohio Valley, No. 67 from 7 p.m. to 9 p.m. on October 2,
2016. Entry into the safety zone is prohibited unless authorized by the
COTP or a designated representative. Persons or vessels

desiring to enter into or passage through the safety zone must request
permission from the COTP or a designated representative. If permission
is granted, all persons and vessels shall comply with the instructions
of the COTP or designated representative.
    This notice of enforcement is issued under authority of 33 CFR
165.801 and 5 U.S.C. 552(a). In addition to this notice in the Federal
Register, the Coast Guard will provide the maritime community with
advance notification of this enforcement period via Local Notice to
Mariners and updates via Marine Information Broadcasts.

L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-23635 Filed 9-29-16; 8:45 am]
BILLING CODE P


[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Notices]
[Pages 3045-3052]
[FR Doc No: 2017-00214]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79730; File No. SR-NYSE-2016-92]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending the Exchange's Price List Related to Co-location Services To
Increase LCN and IP Network Fees and Add a Description of Access To
Trading and Execution Services and Connectivity to Included Data
Products

January 4, 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 December 22, 2016, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Price List related to
co-location services to (a) provide a more detailed description of the
access to trading and execution services and connectivity to data
provided to Users with local area networks available in the data
center, and (b) modify certain fees for access to the local area
networks in the Exchange's data center. 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Price List related to co-
location \4\ services offered by the Exchange to (a) provide a more
detailed description of the access to trading and execution services
and connectivity to data provided to Users \5\ with connections to the
Liquidity Center Network (``LCN'') and internet protocol (``IP'')
network, local area networks available in the data center, and (b)
modify certain fees for access to the LCN and IP networks. The Exchange
proposes to implement the fee changes effective January 1, 2017.
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    \4\ The 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.
62960 (September 21, 2010), 75 FR 59310 (September 27, 2010) (SR-
NYSE-2010-56) (the ``Original Co-location Filing''). 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. 76008 (September 29, 2015), 80 FR 60190
(October 5, 2015) (SR-NYSE-2015-40). 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 NYSE MKT LLC (``NYSE MKT'') and NYSE Arca, Inc. (``NYSE
Arca'' and, together with NYSE MKT, the ``Affiliate SROs''). See
Securities Exchange Act Release No. 70206 (August 15, 2013), 78 FR
51765 (August 21, 2013) (SR-NYSE-2013-59).
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    The Exchange offers LCN access of 1, 10 and 40 Gigabits (``Gb'') as
well as a lower-latency 10 Gb LCN connection, referred to as the ``LCN
10 Gb LX.'' \6\ The Exchange offers IP network access in 1, 10 and 40
Gb capacities.\7\ A User also may purchase access to the LCN or IP
network through purchase of 1 Gb or 10 Gb bundled network access or a
Partial Cabinet Solution bundle, which include 1 and 10 Gb LCN and IP
network connections.\8\
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    \6\ See Original Co-location Filing, supra note 4, at 59311; and
Securities Exchange Act Release Nos. 70206 (Aug. 15, 2013), 78 FR
51765 (Aug. 21, 2013) (SR-NYSE-2013-59) (notice of filing and
immediate effectiveness of proposed rule change to offer LCN 40 Gb
connection); and 70888 (Nov. 15, 2013), 78 FR 69907 (Nov. 21, 2013)
(SR-NYSE-2013-73) (notice of filing and immediate effectiveness of
proposed rule change to offer LCN 10 Gb LX connection).
    \7\ See Securities Exchange Act Release Nos. 74222 (Feb. 6,
2015), 80 FR 7888 (Feb. 12, 2015) (SR-NYSE-2015-05) (notice of
filing and immediate effectiveness of proposed rule change to offer
IP network connections as co-location services) (the ``IP Network
Release''), and 76369 (Nov. 5, 2015), 80 FR 70027 (Nov. 12, 2015)
(SR-NYSE-2015-54) (notice of filing and immediate effectiveness of
proposed rule change to offer 40 Gb IP network connection).
    \8\ See Securities Exchange Act Release Nos. 62732 (Aug 16,
2010), 75 FR 51512 (August 20, 2010) (notice of proposed rule change
to reflect fees charged for co-location services, including bundled
network access); and 77072 (February 5, 2016), 81 FR 7394 (February
11, 2016) (SR-NYSE-2015-53) (notice of filing and accelerated
approval of proposed rule change to offer Partial Cabinet Bundle
Options).
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Access to Trading and Execution Services and Connectivity to Data
    As the Exchange has previously stated, a User's connection to the
LCN or IP network provides it access to the Exchange's trading and
execution systems and Exchange market data products.\9\ More
specifically, when a User purchases access to the LCN or IP network, it
will receive access to the trading and execution systems of the
Exchange and its Affiliate SROs (the ``Exchange Systems''), provided
the User has authorization from the Exchange or relevant Affiliate SRO.
In addition, when a User purchases access to the LCN or IP network, it
will receive connectivity to certain market data products (the
``Included Data Products''), provided the User has have entered into a
contract with the provider of the data feed. The Exchange proposes to
revise the Price List to provide a more detailed description of the
access to the Exchange Systems (``Access'') and connectivity to
Included Data Products (``Connectivity'') that comes with connections
to the LCN or IP network when the User has authorization from the
Exchange or Affiliate SRO for such access or has a contract from the
market data provider for such connectivity.
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    \9\ See Original Co-location Filing, supra note 4, at 59311
(``According to NYSE, SFTI and LCN both provide Users with access to
the Exchange's trading and execution systems and to the Exchange's
proprietary market data products.'') and IP Network Release, supra
note 7, at 7889 (``Like the LCN, the IP network provides Users with
access to the Exchange's trading and execution systems and to the
Exchanges' proprietary market data products.''). The IP network was
previously sometimes referred to as SFTI. See id.
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    Access to certification and testing feeds comes with the purchase
of some Included Data Products from the provider of such data.
Certification feeds are used to certify that a User conforms to any
relevant technical requirements for receipt of data or access to
Exchange Systems. Test feeds provide Users an environment in which to
conduct tests with non-live data, including testing for upcoming
Exchange releases and product enhancements or the User's own software
development. Such feeds are solely used for certification and testing
and do not carry live production data. When access to certification and
testing feeds comes with the purchase of an Included Data Product from
the provider of such data, the purchase of access to the IP network
from the Exchange \10\ will provide Connectivity to such certification
and testing feeds.'
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    \10\ Access to certification and testing feeds is only available
over the IP network. A User that does not have an IP network
connection may obtain an IP network circuit for purposes of testing
and certification for free for three months. See IP Network Release,
supra note 7, at 7889.
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    The Exchange provides Access and Connectivity as conveniences to
Users. Use of Access or Connectivity is completely voluntary, and
several other access and connectivity options are available to a User.
As alternatives to

using the Access and Connectivity provided by the Exchange, a User may
access or connect to such services and products through another User or
through a connection to an Exchange access center outside the data
center, third party access center, or third party vendor. The User may
make such connection through a third party telecommunication provider,
third party wireless network, the Secure Financial Transaction
Infrastructure (``SFTI'') network, or a combination thereof.\11\
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    \11\ A User that opted to obtain connectivity to Included Data
Products through another User, a telecommunication provider, third
party wireless network, or the SFTI network would receive the
corresponding testing and certification feeds.
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Access to Exchange Systems
    As the Exchange has previously stated, Users' connections to the
LCN or IP networks include access to Exchange Systems when the User has
authorization from the Exchange or relevant Affiliate SRO.\12\ The
Exchange notes that including access to Exchange Systems with the
purchase of access to the LCN or IP network is consistent with Nasdaq's
colocation service, which does not charge its co-located customers a
separate fee for access to Exchange Systems.\13\
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    \12\ See note 9, supra.
    \13\ See Nasdaq Stock Market Rule 7034--Connectivity to Nasdaq.
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    Accordingly, the Exchange proposes to add a new note to its Price
List stating the following:

    When a User purchases access to the LCN or IP network, it
receives the ability to access the trading and execution systems of
the NYSE, NYSE MKT and NYSE Arca (Exchange Systems), subject, in
each case, to authorization by the NYSE, NYSE MKT or NYSE Arca, as
applicable. Such access includes access to the customer gateways
that provide for order entry, order receipt (i.e. confirmation that
an order has been received), receipt of drop copies and trade
reporting (i.e. whether a trade is executed or cancelled), as well
as for sending information to shared data services for clearing and
settlement. A User can change the access it receives at any time,
subject to authorization by NYSE, NYSE MKT or NYSE Arca, as
applicable. NYSE, NYSE MKT and NYSE Arca also offer access to
Exchange Systems to their members, such that a User does not have to
purchase access to the LCN or IP network to obtain access to
Exchange Systems.
Connectivity to Included Data Products
    The majority of the Included Data Products are proprietary feeds of
the Exchange and the Affiliate SROs.\14\ The Included Data Products
also include the data feeds disseminated by the Consolidated Tape
Association (``CTA'') (such data feeds, the ``NMS feeds''). CTA is
responsible for disseminating consolidated, real-time trade and quote
information in NYSE listed securities (Network A) and NYSE MKT, NYSE
Arca and other regional exchanges' listed securities (Network B)
pursuant to a national market system plan.\15\ The NMS feeds include
the Consolidated Tape System and Consolidated Quote System data
streams, as well as Options Price Reporting Authority feeds.
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    \14\ See Securities Exchange Act Release Nos. 44138 (December 7,
2001), 66 FR 64895 (December 14, 2001) (SR-NYSE-2001-42)
(establishing fees for NYSE OpenBook); 50844 (December 13, 2004), 69
FR 76806 (December 22, 2004) (SR-NYSE-2004-53) (establishing fee for
NYSE Alerts); 59290 (January 23, 2009) 74 FR 5707 (January 30, 2009)
(SR-NYSE- 2009-05) (establishing pilot program for NYSE Trades);
59543 (March 9, 2009), 74 FR 11159 (March 16, 2009) (establishing
fee for NYSE Order Imbalances); 62181 (May 26, 2010), 75 FR 31488
(June 3, 2010) (SR-NYSE-2010-30) (establishing NYSE BBO); 65669
(Nov. 2, 2011), 76 FR 69311 (Nov. 8, 2011) (SR-NYSEArca-2011-78)
(establishing the NYSE Arca Integrated Feed); 73553 (Nov. 6, 2014),
79 FR 67491 (Nov. 13, 2014) (SR-NYSE-2014-40) (establishing the NYSE
Best Quote & Trades Data Feed); 74128 (Jan. 23, 2015), 80 FR 4951
(Jan. 29, 2015) (SR-NYSE-2015-03) (establishing the NYSE Integrated
Feed); 74127 (Jan. 23, 2015), 80 FR 4956 (Jan. 29, 2015) (SR-
NYSEMKT-2015-06) (establishing the NYSE MKT Integrated Feed); and
76968 (January 22, 2016), 81 FR 4689 (January 27, 2016)
(establishing NYSE Arca Order Imbalances).
    \15\ The Included Data Products do not include the data feeds
disseminated pursuant to the ``Joint Self-Regulatory Organization
Plan Governing the Collection, Consolidation and Dissemination of
Quotation and Transaction Information for Nasdaq-Listed Securities
Traded on Exchanges on an Unlisted Trading Privilege Basis'' (the
``UTP Plan''). The UTP Plan is responsible for disseminating
consolidated, real-time trade and quote information in Nasdaq Stock
Exchange LLC listed securities (Network C).
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    In order to connect to an Included Data Product, a User enters into
a contract with the provider of such data, pursuant to which the User
is charged for the Included Data Product. After the User and data
provider enter into the contract and the Exchange receives
authorization from the provider of the data feed, the Exchange provides
the User with connectivity to the Included Data Product over the User's
LCN or IP network port. The Exchange does not charge the User
separately for such connectivity to the Included Data Product, as it is
included in the purchase of the access to the LCN or IP network.
    The Included Data Products are available over both the LCN and IP
network.\16\ For a User that purchases access to the LCN and IP
network, the Exchange works with such User to allocate its connectivity
to Included Data Products between its LCN and IP network connections.
Some Included Data Products require a network connection with a minimum
Gb size in order to accommodate the feed.\17\ The Included Data
Products do not provide access or order entry to the Exchange's
execution system.
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    \16\ As noted above, certification and testing feeds included by
a data provider with an Included Data Product are only available
over the IP network.
    \17\ Because each Included Data Product uses part of a User's
bandwidth, a User may wish to limit the number of Included Data
Products that it receives to those that it requires.
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    The Exchange offers connectivity to Included Data Products in three
forms: as a resilient feed, as ``Feed A'' or as ``Feed B.'' Resilient
feeds include two copies of the same feed, for redundancy purposes.
Feed A and Feed B are identical feeds.\18\
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    \18\ A User that wants redundancy would connect to both Feed A
and Feed B or two resilient feeds, using two different ports. A User
may opt to connect both Feed A and Feed B to the same port, the
effect of which would be the same as if the User had connected to a
resilient feed. The form of feed that a User selects may affect the
connection it requires. For example, a User connecting to the NYSE
Arca Integrated Feed, NYSE Integrated Feed or NYSE MKT Integrated
Feed would need at least a 1 Gb IP network connection in order to
connect to either Feed A or Feed B. To connect to a resilient feed,
the User would require an LCN or IP network connection of at least
10 Gb.
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    For some Included Data Products, connectivity to identical Feeds A
and B is only available on the IP network.
    The Included Data Products are as follows:

------------------------------------------------------------------------

-------------------------------------------------------------------------
                                NMS feeds
------------------------------------------------------------------------
NYSE:
    NYSE Alerts
    NYSE BBO
    NYSE Integrated Feed
    NYSE OpenBook
    NYSE Order Imbalances
    NYSE Trades
------------------------------------------------------------------------
                            NYSE Amex Options
------------------------------------------------------------------------
NYSE Arca:
    NYSE ArcaBook
    NYSE Arca BBO
    NYSE Arca Integrated Feed
    NYSE Arca Order Imbalances
    NYSE Arca Trades
------------------------------------------------------------------------
                            NYSE Arca Options
------------------------------------------------------------------------
                    NYSE Best Quote and Trades (BQT)
------------------------------------------------------------------------
                               NYSE Bonds
------------------------------------------------------------------------
NYSE MKT:
    NYSE MKT Alerts
    NYSE MKT BBO
    NYSE MKT Integrated Feed
    NYSE MKT OpenBook
    NYSE MKT Order Imbalances
    NYSE MKT Trades
------------------------------------------------------------------------

    In addition to the above list of Included Data Products, the
Exchange proposes to add the following language to the Price List:

    When a User purchases access to the LCN or IP network it
receives connectivity to any of the Included Data Products that it
selects, subject to any technical provisioning requirements and
authorization from the provider of the data feed. Market data fees
for the Included Data Products are charged by the provider of the
data feed. A User can change the Included Data Products to which it
receives connectivity at any time, subject to authorization from the
provider of the data feed. The Exchange is not the exclusive method
to connect to the Included Data Products.

Fees for Access to the LCN and IP Network
    Users that connect to the LCN or IP network pay an initial non-
recurring charge and a monthly recurring charge (``MRC''). A User that
purchases five 10 GB LCN Circuits receives the sixth 10 GB LCN Circuit
without being subject to an additional MRC.
    The Exchange proposes to amend the MRCs for 10 and 40 Gb LCN
circuits, 10 Gb LX LCN circuits, 10 and 40 Gb IP network circuits, and
the 10 Gb bundled network access (together, the ``Network Access
Services''). The Exchange has not increased the MRCs for the Network
Access Services since they were first filed: the proposed change will
be the first increase in such fees.\19\
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    \19\ The 10 Gb LCN circuits and10 Gb bundled network access were
first filed in 2010, and the 40 Gb LCN and 10 Gb LX LCN circuits
were first filed in 2013. The 10 and 40 Gb IP network circuits were
first filed in 2015. See Securities Exchange Act Release Nos. 62732,
supra note 8; 65237 (Aug. 31, 2011), 76 FR 55432 (Sept. 7, 2011)
(SR-NYSE-2011-46) (notice of filing and immediate effectiveness of
proposed rule change adding MRC for 10 Gb circuit); 70287 (Aug. 29,
2013), 78 FR 54704 (Sept. 5, 2013) (SR-NYSE-2013-60) (notice of
filing and immediate effectiveness of proposed rule change to offer
LCN 40 Gb connection); 70979 (Dec. 4, 2013), 78 FR 74200 (Dec. 10,
2013) (SR-NYSE-2013-77) (notice of filing and immediate
effectiveness of proposed rule change amending price list in order
to provide fees for LCN 10 Gb LX); 74222 (Feb. 6, 2015), 80 FR 7888
(Feb. 12, 2015) (SR-NYSE-2015-05) (notice of filing and immediate
effectiveness of proposed rule change to offer 1 Gb and 10 Gb IP
network connections) and 76369 (Nov. 5, 2015), 80 FR 70027 (Nov. 12,
2015) (SR-NYSE-2015-54) (notice of filing and immediate
effectiveness of proposed rule change to offer 40 Gb IP network
connection).
---------------------------------------------------------------------------

    The proposed changes to the Network Access Service MRCs are as
follows:

----------------------------------------------------------------------------------------------------------------
                                                                                Amount of       Amount of
                Type of service                            Description              current MRC    proposed MRC
----------------------------------------------------------------------------------------------------------------
LCN Access....................................  10 Gb Circuit...................         $12,000         $14,000
LCN Access....................................  10 Gb LX Circuit................          20,000          22,000
LCN Access....................................  40 Gb Circuit...................          20,000          22,000
Bundled Network Access (2 LCN connections, 2    10 Gb Bundle....................          47,000          53,000
 IP network connections, and 2 optic
 connections to outside access center).
IP Network Access.............................  10 Gb Circuit...................          10,000          11,000
IP Network Access.............................  40 Gb Circuit...................          17,000          18,000
----------------------------------------------------------------------------------------------------------------

    The initial non-recurring charge for the Network Access Services
would not change, and Users that purchase five 10 Gb LCN circuits will
continue to receive the sixth 10 Gb LCN Circuit without an additional
MRC. The Exchange does not propose to change the fees associated with 1
Gb LCN and 1 Gb IP network access, 1 Gb bundled network access, or the
Partial Cabinet Solution bundles.
    Currently, the Price List uses both ``Gb'' and ``GB'' as an
abbreviation for gigabits. To make the usage consistent, the Exchange
proposes to make non-substantive changes to the Price List to replace
``GB'' with ``Gb.''
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; \20\ 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 of its Affiliate
SROs.\21\
---------------------------------------------------------------------------

    \20\ 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, as compared to
Users that are not co-located, in sending orders to, and receiving
market data from, the Exchange.
    \21\ See SR-NYSE-2013-59, supra note 5, at 51766. The Affiliate
SROs have also submitted substantially the same proposed rule change
to propose the changes described herein. See SR-NYSEMKT-2016-126 and
SR-NYSEArca-2016-172.
---------------------------------------------------------------------------

    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,\22\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\23\ 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
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that revising the Price List to provide a
more detailed description of the Access and Connectivity Users receive
with their purchase of access to the LCN or IP network 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 the proposed changes would make the
descriptions of access to the LCN and IP

network more accessible and transparent, thereby providing market
participants with clarity as to what connectivity is included in the
purchase of access to the LCN and IP network. Including the more
detailed description of Access and Connectivity in the Price List is
consistent with Nasdaq's Rule 7034, which includes similar
information.\24\
---------------------------------------------------------------------------

    \24\ See Nasdaq Stock Market Rule 7034--Market Data Connectivity
(``Pricing is for connectivity only and is similar to connectivity
fees imposed by other vendors. The fees are generally based on the
amount of bandwidth needed to accommodate a particular feed and
Nasdaq is not the exclusive method to get market data connectivity.
Market data fees are charged independently by the Nasdaq Stock
Market and other exchanges.'')
---------------------------------------------------------------------------

    Co-location was created to permit Users ``to rent space on premises
controlled by the Exchange in order that they may locate their
electronic servers in close physical proximity to the Exchange's
trading and execution systems.'' \25\ The expectation was that normally
Users ``would expect reduced latencies in sending orders to the
Exchange and in receiving market data from the Exchange.'' \26\
Accordingly, the Exchange believes the Access and Connectivity is
directly related to the purpose of co-location, and so revising the
Price List to increase the description of such Access and Connectivity
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 by increasing the transparency around
Access and Connectivity.
---------------------------------------------------------------------------

    \25\ Original Co-Location Filing, supra note 4, at 59310.
    \26\ Id.
---------------------------------------------------------------------------

    Further, the Exchange believes that revising the Price List to
provide a more detailed description of the Access and Connectivity
Users receive with their purchase of access to the LCN or IP network
would promote just and equitable principles of trade and remove
impediments to, and perfect the mechanisms of, a free and open market
and a national market system as it would make clear that all Users that
voluntarily select to access the LCN or IP network would receive the
same Access and Connectivity, and would not be subject to a charge
above and beyond the fee paid for the relevant LCN or IP network
access. Users are not required to use any of their bandwidth to access
Exchange Systems or connect to an Included Data Product unless they
wish to do so. Rather, a User only receives the Access and Connectivity
that it selects, and a User can change what Access or Connectivity it
receives at any time, subject to authorization from the data provider
or relevant Exchange or Affiliate SRO.
    The Exchange believes that the proposed changes 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, by offering Access and Connectivity, the
Exchange gives each User additional options for addressing its access
and connectivity needs, responding to User demand for access and
connectivity options. Providing Access and Connectivity helps each User
tailor its data center operations to the requirements of its business
operations by allowing it to select the form and latency of access and
connectivity that best suits its needs. The Exchange provides Access
and Connectivity as conveniences to Users. Use of Access or
Connectivity is completely voluntary, and each User has several other
access and connectivity options available to it. As alternatives to
using the Access and Connectivity provided by the Exchange, a User may
access or connect to such services and products through another User or
through a connection to an Exchange access center outside the data
center, third party access center, or third party vendor. The User may
make such connection through a third party telecommunication provider,
third party wireless network, the SFTI network, or a combination
thereof.
    Similarly, the Exchange believes that the proposed fee changes
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, by offering the Network Access
Services, the Exchange gives each User options for access to the LCN
and IP network, responding to User demand for options. Users have the
convenience of choosing among the array of different Network Access
Services available, as well as the 1 Gb LCN and 1 Gb IP network access
options, 1 Gb bundled network access and Partial Cabinet Solutions,
helping them tailor their data center operations to the requirements of
their business operations by allowing them to select the capacity, form
and latency of connectivity that best suits their needs.
    The Exchange believes that the proposed fee changes 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 the Exchange provides Network Access Services
as conveniences to Users. Use of Network Access Services is completely
voluntary, and each User has several other options available to it. As
alternatives to using the Network Access Services provided by the
Exchange, a User may access or connect to the Exchange through another
User, as well as through a connection to an Exchange access center
outside the data center, third party access center, or third party
vendor. The User may make such connection through a third party
telecommunication provider, third party wireless network, the SFTI
network, or a combination thereof.
    The Exchange believes that conforming the use of ``Gb'' 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 the proposed changes would make the
Price List more transparent, thereby providing market participants with
additional clarity.
    The Exchange also believes that the proposed rule changes are
consistent with Section 6(b)(4) of the Act,\27\ 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.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes are consistent with
Section 6(b)(4) of the Act \28\ for multiple reasons. The Exchange
operates in a highly competitive market in which exchanges offer co-
location services as a means to facilitate the trading and other market
activities of those market participants who believe that co-location
enhances the efficiency of their operations. Accordingly, fees charged
for co-location services are constrained by the active competition for
the order flow of, and other business from, such market participants.
If a particular exchange charges excessive fees for co-location
services, affected market participants will opt to terminate their co-
location arrangements with that exchange, and adopt a possible range of
alternative strategies, including placing their servers in a physically
proximate location outside the exchange's data center (which could be a
competing exchange), or pursuing strategies less dependent upon the
lower exchange-to-participant latency associated with co-location.
Accordingly, the exchange charging excessive fees would stand to lose
not only co-location revenues but also the liquidity of the formerly
co-located trading firms, which could have

additional follow-on effects on the market share and revenue of the
affected exchange.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to the Network
Access Service MRCs would provide for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities, and are not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers,
because the Network Access Services are available to all Users on an
equal basis (i.e., the same products and services are available to all
Users). All Users that voluntarily purchase a Network Access Service
would be charged the same amount for the same service. As is currently
the case, the purchase of any colocation service (including Network
Access Services) would be completely voluntary. Furthermore, each of
the Network Access Services can be purchased independently of each
other, and independently of any other colocation services or products
that a User may choose.
    The Exchange believes that the proposed changes to the Network
Access Service MRCs are reasonable, equitably allocated and not
unfairly discriminatory because the MRCs for the Network Access
Services have been the same since they were first filed, with some MRCs
dating to the inception of co-location in 2010.\29\ During the time
since the MRCs for the Network Access Services were filed, however, the
Exchange has made numerous improvements to the network hardware and
technology infrastructure. The Exchange has expanded the network
infrastructure to keep pace with the increased number of services
available to Users, including the increasing demand for bandwidth, and
has established additional administrative controls. The Exchange offers
the Network Access Services as conveniences to Users, but in order to
do so must provide, maintain and operate the data center facility
hardware and technology infrastructure. The Exchange must handle the
installation, administration, monitoring, support and maintenance of
the Network Access Services, including by responding to any production
issues. The Exchange accordingly believes that the proposed changes to
the Network Access Service MRCs will allow them to more accurately
reflect the value of the services provided.
---------------------------------------------------------------------------

    \29\ See note 19, supra. The 10 LCN circuits and 1 Gb bundled
network access were first filed in 2010, and the 40 Gb LCN and 10 Gb
LX LCN circuits were first filed in 2013. The 10 and 40 Gb IP
network circuits were first filed in 2015.
---------------------------------------------------------------------------

    The Exchange believes the proposed fees are reasonable because they
allow the Exchange to defray or cover the costs associated with
offering the Network Access Services while providing Users the benefit
of choosing among the array of different Network Access Services
available, as well as the 1 Gb LCN and 1 Gb IP network access options,
1 Gb bundled network access and Partial Cabinet Solutions, helping them
tailor their data center operations to the requirements of their
business operations by allowing them to select the capacity, form and
latency of connectivity that best suits their needs.
    In addition, the Exchange believes the proposed increases in the
MRCs for the Network Access Services are reasonable because they
reflect the inclusion of additional data products in the list of
Included Data Products. More specifically, the Exchange has opted to
include connectivity to the three integrated feeds and the NYSE BQT as
Included Data Products.
    The Exchange believes that its proposed MRCs for the Network Access
Services are comparable to the fees Nasdaq charges its co-location
customers. For instance, the ongoing monthly fees for 40 Gb and 10 Gb
fiber connections to Nasdaq are $20,000 and $10,000, respectively,
compared to the proposed $22,000 and $14,000 for the 40 Gb and 10 Gb
LCN circuits and $18,000 and $11,000 for the 40 Gb and 10 Gb IP network
circuits, respectively.\30\
---------------------------------------------------------------------------

    \30\ See Nasdaq Stock Market Rule 7034--Connectivity to Nasdaq.
---------------------------------------------------------------------------

    Excluding the Partial Cabinet Solutions with 10 Gb connections to
the LCN and IP networks from the proposed changes to MRCs is a business
decision that the Exchange believes is reasonable, equitably allocated
and not unfairly discriminatory because the MRCs for the Partial
Cabinet Solutions have been in place less than a year, and so the
Exchange believes they more accurately reflect the value of the
services provided than those in place for longer periods.\31\ The
Exchange believes that excluding the Partial Cabinet Solution MRCs from
the present proposed changes would continue to make it more cost
effective for smaller Users, including those with minimal power or
cabinet space demands or those for which the costs attendant with
having a dedicated cabinet or greater network connection bandwidth are
too burdensome, to utilize co-location.\32\
---------------------------------------------------------------------------

    \31\ The order approving the proposed rule change to provide
that co-location services include the Partial Cabinet Solution
Bundles was issued in February, 2016. See Securities Exchange Act
Release No. 77072, supra note 8.
    \32\ See id, at 7396.
---------------------------------------------------------------------------

    Excluding the 1 Gb LCN, 1 Gb IP network access and 1 Gb bundled
network access options from the proposed changes to the MRC is a
business decision that the Exchange believes is reasonable, equitably
allocated and not unfairly discriminatory, because the Exchange
believes that the current MRCs for the services reflect the value of
the services provided to the smallest connections. In addition, Users
with 1 Gb connections generally do not connect to the new Included Data
Products, which generally require a larger connection than 1 Gb.
    For the reasons above, the proposed changes do 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,\33\ 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, in addition to the proposed services being
completely voluntary, they are available to all Users on an equal basis
(i.e. the same products and services are available to all Users). The
Exchange believes that the proposed changes are reasonable and designed
to be fair and equitable, and therefore, will not unduly burden any
particular group of Users.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange believes that providing Users with Access and
Connectivity does not impose any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act
because such Access and Connectivity satisfies User demand for access
and connectivity options, and each User has several other access and
connectivity options available to it. As alternatives to using the
Access and Connectivity provided by the Exchange, a User may access or
connect to such services and products through another User or through a
connection to an Exchange access center outside the data center, third
party access center, or third party vendor. The User may make such
connection

through a third party telecommunication provider, third party wireless
network, the SFTI network, or a combination thereof. Users that opt to
use Access or Connectivity would not receive access or connectivity
that is not available to all Users, as all market participants that
contract with the relevant market or content provider may receive
access or connectivity. In this way, the proposed changes would enhance
competition by helping Users tailor their Access and Connectivity to
the needs of their business operations by allowing them to select the
form and latency of access and connectivity that best suits their
needs.
    The Exchange believes that revising the Price List to provide a
more detailed description of the Access and Connectivity available to
Users would make such descriptions more accessible and transparent,
thereby providing market participants with clarity as to what Access
and Connectivity is available to them and what the related costs are,
thereby enhancing competition by ensuring that all Users have access to
the same information regarding Access and Connectivity.
    Similarly, the Exchange believes that the proposed changes to the
Network Access Service MRCs would not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act because, by offering the Network Access Services, the Exchange
gives each User options for access to the LCN and IP network,
responding to User demand for options. All Users that voluntarily
purchase Network Access Services would be charged the same amount for
the same services. As is currently the case, the purchase of any
colocation service (including network and capacities) would be
completely voluntary. Furthermore, each of the Network Access Services
can be purchased independently of each other, and independently of any
other colocation services or products that a User may choose.
    The Exchange believes that the proposed changes to the Network
Access Service MRCs would not impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act
because the MRCs for the Network Access Services have been the same
since they were first filed, with some MRCs dating to the inception of
co-location in 2010.\34\ During the time since the MRCs for the Network
Access Services were filed, however, the Exchange has made numerous
improvements to the network hardware and technology infrastructure. The
Exchange has expanded the network infrastructure to keep pace with the
increased number of services available to Users, including the
increasing demand for bandwidth, and has established additional
administrative controls. The Exchange offers the Network Access
Services as conveniences to Users, but in order to do so must provide,
maintain and operate the data center facility hardware and technology
infrastructure. The Exchange must handle the installation,
administration, monitoring, support and maintenance of the Network
Access Services, including by responding to any production issues. The
Exchange accordingly believes that the proposed changes to the Network
Access Service MRCs will allow them to more accurately reflect the
value of the services provided.
---------------------------------------------------------------------------

    \34\ See note 19, supra.
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market in which
exchanges offer co-location services as a means to facilitate the
trading and other market activities of those market participants who
believe that co-location enhances the efficiency of their operations.
Accordingly, fees charged for co-location services are constrained by
the active competition for the order flow of, and other business from,
such market participants. If a particular exchange charges excessive
fees for co-location services, affected market participants will opt to
terminate their co-location arrangements with that exchange, and adopt
a possible range of alternative strategies, including placing their
servers in a physically proximate location outside the exchange's data
center (which could be a competing exchange), or pursuing strategies
less dependent upon the lower exchange-to-participant latency
associated with co-location. Accordingly, the exchange charging
excessive fees would stand to lose not only co-location revenues but
also the liquidity of the formerly co-located trading firms, which
could have additional follow-on effects on the market share and revenue
of the affected exchange.
    For the reasons described above, the Exchange believes that the
proposed rule change reflects this competitive environment.

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) \35\ of the Act and subparagraph (f)(2) of Rule
19b-4 \36\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78s(b)(3)(A).
    \36\ 17 CFR 240.19b&4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \37\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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<EMAIL_ADDRESS>Please include
File No. SR-NYSE-2016-92 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 No. SR-NYSE-2016-92. 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-NYSE-2016-92, and should be
submitted on or before January 31, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-00214 Filed 1-9-17; 8:45 am]
 BILLING CODE 8011-01-P