[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Notices]
[Page 65705-65706]
[DOCID:fr26oc10-150]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Tri-Cities Regional Airport, Blountville, TN.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for Public Comment.

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SUMMARY: The Federal Aviation Administration is requesting public
comment on the release of land at the Tri-Cities Regional Airport in
the city of Blountville, Tennessee. This property, approximately 2.413
acres in Tract 45 and .0324 acres in Tract 65, will change to a non-
aeronautical use. This action is taken under the provisions of Section
125 of the Wendell H. Ford Aviation

Investment Reform Act for the 21st Century (AIR 21).

DATES: Comments must be received on or before November 26, 2010.

ADDRESSES: Documents are available for review at the Tri-Cities
Regional Airport, 2525 Highway 75, Suite 301, Blountville, TN 37617 and
the FAA Airports District Office, 2862 Business Park Drive, Building G,
Memphis, TN 38118. Written comments on the Sponsor's request must be
delivered or mailed to: Mr. Phillip J. Braden, Manager, Memphis
Airports District Office, 2862 Business Park Drive, Building G,
Memphis, TN 38118.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Thompson, Program Manager,
Federal Aviation Administration, Memphis Airports District Office, 2862
Business Park Drive, Building G, Memphis, TN 38118. The application may
be reviewed in person at this same location, by appointment.

SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public
comment on the request to release property at the Tri-Cities Regional
Airport, Blountville, TN under the provisions of AIR 21(49 U.S.C.
47107(h)(2)).
    On October 5, 2010, the FAA determined that the request to release
property at Tri-Cities Regional Airport submitted by the Tri-Cities
Regional Airport's Director of Operations meets the procedural
requirements of the Federal Aviation Administration. The FAA may
approve the request, in whole or in part, no later than November 26,
2010.
    The following is a brief overview of the request:
    The Tri-Cities Regional Airport is proposing the release of
approximately 2.445 acres of airport property so the property can be
used to accommodate the widening of Tennessee State Highway 75.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon appointment and request, inspect
the request, notice and other documents germane to the request in
person at the Tri-Cities Regional Airport.

    Issued in Memphis, TN on October 6, 2010.
Phillip J. Braden,
Manager, Memphis Airports District Office, Southern Region.
[FR Doc. 2010-26952 Filed 10-25-10; 8:45 am]
BILLING CODE P


[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Notices]
[Pages 37356-37361]
[FR Doc No: 2021-15038]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92368; File Nos. SR-NYSE-2021-25, SR-NYSEAMER-2021-21,
SR-NYSEArca-2021-24, SR-NYSECHX-2021-07, SR-NYSENAT-2021-09]

Self-Regulatory Organizations; New York Stock Exchange LLC, NYSE
American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE National,
Inc.; Order Instituting Proceedings To Determine Whether To Approve or
Disapprove Proposed Rule Changes To Amend the Fee Schedule To Add Meet-
Me-Room Connectivity Services Available at the Mahwah Data Center

July 9, 2021.

I. Introduction

    On April 9, 2021, New York Stock Exchange LLC (``NYSE''), NYSE
American LLC (``NYSE American''), NYSE Arca, Inc. (``NYSE Arca''), NYSE
Chicago, Inc. (``NYSE Chicago''), and NYSE National, Inc. (``NYSE
National'') (collectively, the ``Exchanges'') each filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Exchange
Act'' or ``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change to amend the schedule (``Fee Schedule'') to set forth several
``Meet-Me-Room'' connectivity services available at the data center in
Mahwah, New Jersey (``Mahwah Data Center'') for associated fees, and
establish procedures for the allocation of cabinets and power to such
customers should availability become limited. The proposed rule changes
were published for comment in the Federal Register on April 22,
2021.\3\ On June 2, 2021, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to either
approve the proposed rule changes, disapprove the proposed rule
changes, or institute proceedings to determine whether to disapprove
the proposed rule changes.\5\ The Commission has received no comment
letters on the proposed rule changes. This order institutes proceedings
under Section 19(b)(2)(B) of the Exchange Act \6\ to determine whether
to approve or disapprove the proposed rule changes.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release Nos. 91598 (April 16,
2021), 86 FR 21373 (April 22, 2021) (SR-NYSE-2021-25); 91599 (April
16, 2021), 86 FR 21365 (April 22, 2021) (SR-NYSEAMER-2021-21); 91600
(April 16, 2021), 86 FR 21384 (April 22, 2021) (SR-NYSEArca-2021-
24); 91601 (April 16, 2021), 86 FR 21410 (April 22, 2021) (SR-
NYSECHX-2021-07); and 91602 (April 16, 2021), 86 FR 21393 (April 22,
2021) (SR-NYSENAT-2021-09) (collectively, the ``Notices''). For ease
of reference, citations to the Notice(s) are to the Notice for SR-
NYSE-2021-25.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 92089 (June 2,
2021), 86 FR 30510 (June 8, 2021). The Commission designated July
21, 2021, as the date by which it should approve, disapprove, or
institute proceedings to determine whether to disapprove the
proposed rule changes.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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II. Description of the Proposed Rule Changes

    The Exchanges propose to amend the Fee Schedule to set forth
several ``Meet-Me-Room'' (or ``MMR'') connectivity services available
at the data center in Mahwah, New Jersey (``Mahwah Data Center''), and
associated fees, and establish procedures for the allocation of
cabinets and power to MMR customers should availability become
limited.\7\
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    \7\ See Notice, supra note 3, at 21373.
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    The Exchanges state that Intercontinental Exchange, Inc. (``ICE''),
through its ICE Data Services (``IDS'') business, operates the Mahwah
Data Center.\8\ From the Mahwah Data Center, the Exchanges provide co-
location services to any market participant that requests to receive
co-location services directly from the Exchange (``Users'').\9\
Services are also available to customers that are not co-location Users
(``NCL Customers'') \10\ (Users and NCL Customers, together the
``Mahwah Customers'').\11\
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    \8\ See id. The Exchanges themselves are indirect subsidiaries
of ICE. See id. at 21373 n.6.
    \9\ See id. at 21373.
    \10\ See id. The Exchanges recently filed proposed rule changes
regarding the IDS circuits and certain other services offered to NCL
Customers. See, e.g., Securities Exchange Act Release No. 91217
(February 26, 2021), 86 FR 12715 (March 4, 2021) (SR-NYSE-2021-14).
    \11\ See Notice, supra note 3, at 21373.
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    The Exchanges state that Mahwah Customers require circuits
connecting into and out of the Mahwah Data Center in order to connect
their equipment outside of the Mahwah Data Center to their equipment or
port within the Mahwah Data Center.\12\ They state that IDS and
numerous third-party telecommunications service providers
(``Telecoms'') provide these connections to Mahwah Customers in the
form of wired circuits into and out of the Mahwah Data Center.\13\ The
Exchanges explain that a Telecom completes a wired circuit by placing
equipment in an MMR and installing carrier circuits between the
Telecom's MMR equipment and one or more points outside the Mahwah Data
Center.\14\ Mahwah Customers that contract with a Telecom to use its
circuit connection connect to the Telecom's MMR equipment using a cross
connect.\15\ Once connected to the Telecom's equipment, the Mahwah
Customers can then use the Telecom's circuit to transport data into and
out of the Mahwah Data Center.\16\
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    \12\ See id.
    \13\ See id. Mahwah Customers may also use a third party
wireless connection, including a proprietary wireless connection, to
the Mahwah Data Center, in which case the portion of the connection
closest to the Mahwah Data Center is wired. See id. at 21373 n.8.
Regarding services offered by Telecoms, the Exchanges state that
Telecoms are licensed by the Federal Communications Commission and
are not required to be, or be affiliated with, a member of the
Exchanges. See id. at 21373 n.9.
    \14\ See id. at 21373-74. The Exchanges state that a Telecom
elects which MMR it will use, or if it will use both, and that
neither IDS nor the Exchange knows the termination point of a
Telecom's circuit or the content of any data sent on a circuit. See
id. at 21374 n.10.
    \15\ See id. at 21374.
    \16\ In addition, the Exchanges state that a Telecom may sell
access to its circuits to a second Telecom, which allows the second
Telecom to use the first Telecom's circuit to access the Mahwah Data
Center. The second Telecom thereby gains access to the Mahwah Data
Center, where it installs its equipment in an MMR, without incurring
the cost of installing its own proprietary circuits to the Mahwah
Data Center. According to the Exchanges, IDS does not consent to,
and need not be informed of, a Telecom's sale of a circuit to
another Telecom. See id. at 21374.
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    The Exchanges state that they make the current proposals solely as
a result of their determination that the Commission's interpretations
of the Act's definitions of the terms

``exchange'' \17\ and ``facility'' \18\ apply to connectivity services
described herein that are offered by entities other than the
Exchanges.\19\ The Exchanges state that they disagree with the
Commission's interpretations, deny the services covered herein are
offerings of an ``exchange'' or a ``facility'' thereof, and have sought
review of the Commission's interpretations as expressed in the Wireless
Approval Order in the Court of Appeals for the District of Columbia
Circuit.\20\
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    \17\ See 15 U.S.C. 78c(a)(1) (``The term `exchange' means any
organization, association, or group of persons, whether incorporated
or unincorporated, which constitutes, maintains, or provides a
market place or facilities for bringing together purchasers and
sellers of securities or for otherwise performing with respect to
securities the functions commonly performed by a stock exchange as
that term is generally understood, and includes the market place and
the market facilities maintained by such exchange.'').
    \18\ See 15 U.S.C. 78c(a)(2) (``The term `facility' when used
with respect to an exchange includes its premises, tangible or
intangible property whether on the premises or not, any right to the
use of such premises or property or any service thereof for the
purpose of effecting or reporting a transaction on an exchange
(including, among other things, any system of communication to or
from the exchange, by ticker or otherwise, maintained by or with the
consent of the exchange), and any right of the exchange to the use
of any property or service.'').
    \19\ See Notice, supra note 3, at 21373; see also Securities
Exchange Act Release No. 90209 (October 15, 2020), 85 FR 67044
(October 21, 2020) (SR-NYSE-2020-05, SR-NYSEAMER-2020-05, SR-
NYSEArca-2020-08, SR-NYSECHX-2020-02, SR-NYSENAT-2020-03, SR-NYSE-
2020-11, SR-NYSEAMER-2020-10, SR-NYSEArca-2020-15, SR-NYSECHX-2020-
05, SR-NYSENAT-2020-08) (``Wireless Approval Order'').
    \20\ See Notice, supra note 3, at 21373; see also
Intercontinental Exchange, Inc. v. SEC, No. 20-1470 (D.C. Cir.
2020).
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A. Meet-Me-Room (MMR) Services

    The Exchanges propose to change the title of the Fee Schedule to
``Wireless and Meet-Me-Room Connectivity Fees and Charges,'' and add
under the heading ``C. Meet-Me-Room (`MMR') Services'' the following
services available to customers in the two MMRs on the north and south
sides of the Mahwah Data Center.\21\
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    \21\ See Notice, supra note 3, at 21374. The Exchanges state
that they recently filed proposed rule changes regarding the IDS
circuits and services offered to NCL Customers, and that if such
proposals are approved by the Commission, then the Exchanges expect
to file amendments to the present proposals to conform to the
relevant changes. See id. at 21374 n.11 (citing Securities Exchange
Act Release No. 91217 (February 26, 2021), 86 FR 12715 (March 4,
2021) (SR-NYSE-2021-14)).
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1. Cabinet-Related Services
    The Exchanges propose to add to the Fee Schedule services and fees
relating to the dedicated cabinets in the MMRs that IDS provides to
Telecoms to house their equipment (collectively, ``Cabinet-Related
Services'').\22\ According to the Exchanges, these cabinets are
available in sizes based on the number of kilowatts (``kW'') allocated,
subject to a maximum of 8 kW per cabinet.\23\ Telecoms pay an initial
fee for each cabinet and a monthly fee based on the number of kW
allocated to all of the Telecom's cabinets.\24\ The Exchanges propose
an initial fee of $5,000 per dedicated MMR cabinet, and a monthly fee
for power allocated to all of a Telecom's dedicated cabinets as
follows: 4-8 kWs ($1,200); 9-20 kWs ($1,050); 21-40 kWs ($950); and 41+
kWs ($900) (each fee, per kW).\25\
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    \22\ The Exchanges state that the Cabinet-Related Services are
substantially similar to co-location services and related fees that
the Exchanges offer to Users, as set forth in their price lists and
fee schedules. See id. at 21374.
    \23\ See id.
    \24\ See id.
    \25\ The Exchanges also propose to add a note to the Fee
Schedule stating that the monthly fee is based on total kWs
allocated to all of a Telecom's cabinets. See id.
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2. Access and Service Fees
    The Exchanges propose to add to the Fee Schedule the following
services and fees relating to access and services that IDS provides to
Telecoms (collectively, ``Access and Service Fees'').\26\
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    \26\ The Exchanges state that most of the Access and Service
Fees are substantially similar to services and related fees that the
Exchanges offer to Users, as set forth in their price lists and fee
schedules. See id.
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a. Data Center Fiber Cross Connect
    According to the Exchanges, IDS offers fiber cross connects for an
initial and monthly charge.\27\ Cross connects may run between a
Telecom's cabinets, between its cabinet and the cabinet of another
Telecom, or between its cabinet and its customer's cabinet or port.\28\
Cross connects may be bundled (i.e., multiple cross connects within a
single sheath) such that a single sheath can hold either one cross
connect or six cross connects.\29\ The Exchanges propose to amend the
Fee Schedule to describe these services and set forth corresponding
fees as follows: Furnish and install 1 cross connect ($500 initial
charge plus $600 monthly charge); and furnish and install bundle of 6
cross connects ($500 initial charge plus $1,800 monthly charge).\30\
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    \27\ See id.
    \28\ See id. The Exchanges state that a cross connect to MMR
cabinets may be purchased by the Telecom or the Telecom's customer.
The same fee applies irrespective of which entity purchases the
cross connect. See id. at 21374 n.15.
    \29\ See id. at 21374.
    \30\ See id. at 21375.
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b. Conduit Sleeve Fee
    According to the Exchanges, a Telecom's circuits into and out of
the Mahwah Data Center run through IDS conduits.\31\ Telecoms are
assessed an initial charge for the installation of circuits in the IDS
conduit, which covers up to five hours of work, and a monthly fee per
conduit sleeve for using the IDS conduit.\32\ The Exchanges propose to
amend the Fee Schedule to describe these services and set forth
corresponding fees as follows: Install (5 hrs) and maintain conduit
sleeve supporting Telecom circuit into data center ($1,000 initial
charge plus $2,000 monthly charge per conduit sleeve).\33\
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    \31\ The Exchanges state that there are currently three IDS
conduit paths leading into the Mahwah Data Center, and a Telecom
determines which conduit or conduits it will use to carry its
circuits, which are carried in individual conduit sleeves. See id.
at 21374. According to the Exchanges, the number of conduit sleeves
a Telecom uses is dependent on the equipment and technology it uses
and the size of the circuits it sells to Mahwah Customers, and that
most Telecoms that use them have one conduit sleeve. See id. at
21374 n.16.
    \32\ See id. at 21374.
    \33\ See id. at 21375.
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c. Carrier Connection Fee
    As noted above,\34\ Telecoms contract with their customers for
circuits into and out of the Mahwah Data Center.\35\ According to the
Exchanges, Telecoms are charged a monthly fee for providing such
circuits to Mahwah Customers, on a per connection basis.\36\ The
Exchanges propose to amend the Fee Schedule to describe this service
and set forth the corresponding fee as follows: Maintain Telecom's
connections to its non-Telecom data center customers ($1,150 monthly
charge per connection).\37\
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    \34\ See supra notes 12-13 and accompanying text.
    \35\ See Notice, supra note 3, at 21374.
    \36\ See id.
    \37\ See id. at 21375.
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d. Connection to Time Protocol Feed
    According to the Exchanges, IDS offers Telecoms the option to
purchase connectivity to the Precision Time Protocol, with monthly and
initial charges.\38\ Telecoms may make use of time feeds to receive
time and to synchronize clocks between computer systems or throughout a
computer network, and time feeds may assist Telecoms in other
functions, including record keeping or measuring response times.\39\
The Exchanges propose to amend the Fee Schedule to describe this
service and set forth corresponding fees as follows: Precision Time
Protocol

($1,000 initial charge plus $250 monthly charge).\40\
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    \38\ See id. at 21374.
    \39\ See id.
    \40\ See id. at 21375.
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e. Expedite Fee
    According to the Exchanges, IDS offers Telecoms the option to
expedite the completion of MMR services purchased or ordered by the
Telecoms.\41\ The Exchanges propose to amend the Fee Schedule to
describe this service and set forth the corresponding fee as follows:
Expedited installation/completion of MMR service ($4,000 per
request).\42\
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    \41\ See id. at 21374.
    \42\ See id. at 21375.
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3. Service-Related Fees
    The Exchanges propose to add to the Fee Schedule the following
services and fees relating to services IDS provides to Telecoms
(collectively, ``Service-Related Fees'').\43\
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    \43\ The Exchange state that the Service-Related Fees are
substantially similar to services and related fees that the
Exchanges offer to Users, as set forth in their price lists and fee
schedules. See id.
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a. Change Fee
    According to the Exchanges, IDS charges a Telecom a ``Change Fee''
if the Telecom requests a change to one or more existing MMR services
that IDS has already established or completed for the Telecom.\44\ The
Change Fee is charged per order.\45\ The Exchanges propose to amend the
Fee Schedule to describe this service and set forth the corresponding
fee as follows: Change to a service that has already been installed/
completed for a Telecom ($950 per request).\46\
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    \44\ See id.
    \45\ If a Telecom orders two or more services at one time, the
Exchanges state that the Telecom is charged a one-time Change Fee,
which would cover the multiple services. See id.
    \46\ See id.
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b. Hot Hands Service
    According to the Exchanges, IDS offers Telecoms a ``Hot Hands
Service,'' which allows Telecoms to use on-site data center personnel
to maintain Telecom equipment, support network troubleshooting, rack
and stack a server in a Telecom's cabinet, power recycling, and install
and document the fitting of cable in a Telecom's cabinet(s).\47\ A Hot
Hands Service fee is charged per half hour.\48\ The Exchanges propose
to amend the Fee Schedule to describe this service and set forth the
corresponding fee as follows: Allows Telecom to use on-site data center
personnel to maintain Telecom equipment, support network
troubleshooting, rack and stack, power recycling, and install and
document cable ($100 per half hour).\49\
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    \47\ See id.
    \48\ See id.
    \49\ See id.
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c. Shipping and Receiving
    According to the Exchanges, IDS offers shipping and receiving
services to Telecoms, with a per shipment fee for the receipt of one
shipment of goods at the Mahwah Data Center from the Telecom or
supplier.\50\ The Exchanges propose to amend the Fee Schedule to
describe this service and set forth the corresponding fee as follows:
Receipt of one shipment of goods at data center on behalf of Telecom
(includes coordination of shipping and receiving) ($100 per
shipment).\51\
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    \50\ See id.
    \51\ See id.
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d. Visitor Security Escort
    According to the Exchanges, Telecom representatives are required to
be accompanied by a visitor security escort during visits to the Mahwah
Data Center, for which a fee per visit is charged.\52\ The Exchanges
propose to amend the Fee Schedule to describe this service and set
forth the corresponding fee as follows: All Telecom representatives are
required to be accompanied by a visitor security escort during visits
to the data center ($75 per visit).\53\
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    \52\ See id.
    \53\ See id.
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B. Allocation of Cabinets and Power

    The Exchanges propose to establish procedures for the allocation of
cabinets and power to Telecoms (``Proposed Allocation
Procedures'').\54\ As noted above,\55\ IDS offers dedicated cabinets in
the MMRs to Telecoms to house their equipment.\56\ According to the
Exchanges, the Exchanges allocate cabinets on a first-come/first-serve
basis.\57\ When a cabinet is first set up or later, a Telecom may
request power upgrades (``Additional Power'') to a dedicated cabinet in
addition to the power allocated to such cabinet (the ``Standard Cabinet
Power''), subject to a maximum of 8 kW per cabinet.\58\ The Exchanges
maintain that it would be prudent to have procedures in place for the
allocation of cabinets and power to Telecoms should such allocation be
necessary.\59\
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    \54\ See id.
    \55\ See supra note 22 and accompanying text.
    \56\ See Notice, supra note 3, at 21375.
    \57\ See id.
    \58\ See id.
    \59\ See id.
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    The Exchanges propose to add the Proposed Allocation Procedures to
the Fee Schedule under the heading ``MMR Notes,'' setting forth the
procedures under proposed Notes 1 and 2.\60\ Proposed Note 1 would
provide that, if the amount of power or cabinets available fell below
specified thresholds, Telecoms would be subject to purchasing
limits.\61\ Note 1 would also specify when the purchasing limits would
cease to apply and would provide that if a Telecom requests a number of
cabinets and/or amount of Additional Power that would cause the
unallocated capacity to be below the specified power and cabinet
thresholds, the purchasing limits would apply only to the portion of
the Telecom's order below the relevant threshold.\62\
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    \60\ See id.
    \61\ See id. Specifically, the Exchanges propose to provide
under the heading ``Note 1: Cabinet and Power Purchasing Limits''
that if (i) unallocated cabinet inventory is at or below 3 cabinets
(``Cabinet Threshold''), or (ii) the unallocated power capacity in
the MMRs is at or below 8 kW (the ``Power Threshold''), then the
following limits on the purchase of new cabinets (``Purchasing
Limits'') will apply: If only the Cabinet Threshold is reached, then
under the following measures (the ``Cabinet Limits''), the Exchanges
will limit each Telecom's purchase of new cabinets to a maximum of
one dedicated cabinet. A Telecom will have to wait 30 days from the
date of its signed order form before purchasing a new cabinet again.
If only the Power Threshold is reached or both the Cabinet Threshold
and the Power Threshold are reached, then under the following
measures (the ``Combined Limits''), a Telecom may purchase either or
both of a one new cabinet, subject to a maximum standard power
allocation of 4 kW (``Standard Cabinets''), or additional power for
new or existing cabinet, so long as the combined power usage of such
purchases is no more than a maximum of 4 kW. A Telecom will have to
wait 30 days from the date of its signed order form before
purchasing a new Standard Cabinet or additional power again. If the
Cabinet Threshold is reached before the Power Threshold, the Cabinet
Limits will be in effect until the Power Threshold is reached, after
which the Combined Limits will apply. See id. at 21376.
    \62\ See id. at 21375. Specifically, the Exchanges propose to
provide that if a Telecom requests, in writing, a number of cabinets
that, if provided, would cause the available cabinet inventory to be
below 3 cabinets, the Cabinet Limits will only apply to the portion
of the Telecom's order below the Cabinet Threshold. When unallocated
cabinet inventory for the MMRs is more than 3 cabinets, the
Exchanges will discontinue the Cabinet Limits. If a Telecom
requests, in writing, a number of Standard Cabinets and/or an amount
of additional power that, if provided, would cause the unallocated
power capacity to be below the Power Threshold or Cabinet Threshold,
the Combined Limits would apply only to the portion of the Telecom's
order below the relevant threshold. When unallocated power capacity
is above the Power Threshold, the Exchanges will discontinue the
Combined Limits. If at that time the unallocated cabinet inventory
is 3 or fewer cabinets, the Cabinet Limits would enter into effect.
See id. at 21376.
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    Note 2 would provide that, if the amount of power or cabinets
available fell to zero, Telecoms seeking to purchase power or cabinets
would be put on a ``Cabinet Waitlist'' \63\ or a

``Combined Waitlist.'' \64\ In both proposed Notes 1 and 2, the
Proposed Allocation Procedures would state how the procedures regarding
cabinets and the procedures regarding power would relate to each other,
and in each case would state what the threshold amount of power and
cabinets would be to discontinue the limits.\65\
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    \63\ Specifically, the Exchanges propose to provide under the
heading ``Note 2: Cabinet and Combined Waitlists'' that the
Exchanges will create a cabinet waitlist (``Cabinet Waitlist'') if
the available cabinet inventory is zero, or a Telecom requests, in
writing, a number of cabinets that, if provided, would cause the
available inventory to be zero. The Exchanges will place Telecoms
seeking cabinets on a Cabinet Waitlist as follows: A Telecom will be
placed on the Cabinet Waitlist based on the date its signed order is
received. A Telecom may only have one order for a new cabinet on the
Cabinet Waitlist at a time, and the order is subject to the Cabinet
Limits. If a Telecom changes the size of its order while it is on
the Cabinet Waitlist, it will maintain its place on the Cabinet
Waitlist, provided that the Telecom may not increase the size of its
order such that it would exceed the Cabinet Limits. As cabinets
become available, the Exchanges will offer a cabinet to the Telecom
at the top of the Cabinet Waitlist. If the Telecom's order is
completed, it will be removed from the Cabinet Waitlist. A Telecom
will be removed from the Cabinet Waitlist (a) at the Telecom's
request or (b) if the Telecom turns down an offer of a cabinet of
the same size it requested in its order. If the Exchange offer the
Telecom a cabinet of a different size than the Telecom requested in
its order, the Telecom may turn down the offer and remain at the top
of the Cabinet Waitlist until its order is completed. A Telecom that
is removed from the Cabinet Waitlist but subsequently submits a new
written order for a cabinet will be added back to the bottom of the
Cabinet Waitlist. When unallocated cabinet inventory is more than 3
cabinets, the Exchange will cease use of the Cabinet Waitlist. See
id.
    \64\ See id. at 21375. Specifically, the Exchanges propose to
create a power and cabinet waitlist (``Combined Waitlist'') if the
unallocated power capacity is zero, or if a Telecom requests, in
writing, an amount of power (whether power allocated to a Standard
Cabinet or additional power) that, if provided, would cause the
unallocated power capacity to be below zero. The Exchanges will
place Telecoms seeking cabinets or power on the Combined Waitlist,
as follows: If a Cabinet Waitlist exists when the requirements to
create a Combined Waitlist are met, the Cabinet Waitlist will
automatically convert to the Combined Waitlist. If a Combined
Waitlist exists when the requirements to create a Cabinet Waitlist
are met, no new waitlist will be created, and the Combined Waitlist
will continue in effect. A Telecom will be placed on the Combined
Waitlist based on the date its signed order for a cabinet and/or
additional power is received. A Telecom may only have one order for
a new cabinet and/or additional power on the Combined Waitlist at a
time, and the order would be subject to the Combined Limits. If a
Telecom changes the size of its order while it is on the Combined
Waitlist, it will maintain its place on the Combined Waitlist,
provided that the Telecom may not increase the size of its order
such that it would exceed the Combined Limits. As additional power
and/or cabinets become available, the Exchanges will offer them to
the Telecom at the top of the Combined Waitlist. If the Telecom's
order is completed, the order will be removed from the Combined
Waitlist. If the Telecom's order is not completed, it will remain at
the top of the Combined Waitlist. A Telecom will be removed from the
Combined Waitlist (a) at the Telecom's request; or (b) if the
Telecom turns down an offer that is the same as its order (e.g., the
offer includes a cabinet of the same size and/or the amount of
additional power that the Telecom requested in its order). If the
Exchanges offer the Telecom an offer that is different than its
order, the Telecom may turn down the offer and remain at the top of
the Combined Waitlist until its order is completed. A Telecom that
is removed from the Combined Waitlist but subsequently submits a new
written order for a cabinet and/or additional power will be added
back to the bottom of the waitlist. If the Combined Waitlist is in
effect, when unallocated power capacity in co-location is at 8 kW or
more, the Exchanges will cease use of the Combined Waitlist. If at
that time the unallocated cabinet inventory is 3 or fewer cabinets,
the Cabinet Waitlist would enter into effect. See id. at 21376-77.
    \65\ See id. at 21375-36.
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III. Exchanges' Justification

    With respect to the MMR services and fees, the Exchanges generally
argue that the proposals are reasonable, equitable, not unfairly
discriminatory, and would not impose a burden on competition that it
not necessary or appropriate, as required by Sections 6(b)(4), (5) and
(8) of the Exchange Act, because use of the proposed services is
completely voluntary and their use enables Telecoms to compete with IDS
in providing connectivity services to Mahwah Customers.\66\ According
to the Exchanges, IDS operates in a highly competitive market in which
exchanges, third party telecommunications providers, Hosting Users,\67\
and other third-party vendors offer connectivity services as a means to
facilitate the trading and other market activities of market
participants.\68\ By making it possible for Telecoms to offer their
customers circuits into and out of the Mahwah Data Center, the
Exchanges state that the proposed MMR services allow Telecoms to
compete with IDS, and that the continued availability of choices for
Mahwah Customers is beneficial to both the Telecoms and the Mahwah
Customers.\69\ The Exchanges state that if these MMR services were not
available, all Mahwah Customers and third-party telecommunications
service providers would be required to use IDS circuits to access the
Mahwah Data Center, thereby reducing competition.\70\ The Exchanges
also state that the described services and fees are offered to and
subscribed to by existing Telecoms, and thus expect that the impact of
the proposals would be minimal.\71\
---------------------------------------------------------------------------

    \66\ See id. at 21377-79.
    \67\ ``Hosting'' is a service offered by a User to another
entity in the User's space within the Mahwah Data Center. The
Exchanges allow Users to act as Hosting Users for a monthly fee. See
id. at 21377 n.21 (citing Securities Exchange Act Release No. 76008
(September 29, 2015), 80 FR 60190 (October 5, 2015) (SR-NYSE-2015-
40)).
    \68\ In this regard, the Exchanges maintain that most of the
Telecoms that provide circuits do so at fees lower than those of
IDS, and that most Mahwah Customers use Telecom circuits into and
out of the Mahwah Data Center. See id. at 21377.
    \69\ See id.
    \70\ See id.
    \71\ The Exchanges further state that they do not expect that
IDS would attract any new customers as a result of the proposals.
See id.
---------------------------------------------------------------------------

    In addition, the Exchanges argue that the proposals are reasonable
because use of any MMR service is completely voluntary and available to
purchasers on an equal basis, with each Telecom able to determine
whether to use MMR services based on the requirements of its business
operations, and each Telecom being charged only for the services that
it selects and for the same amount as all other Telecoms purchasing
such services.\72\ The Exchanges also argue that the fees proposed for
the MMR fees are reasonable because, to the extent the services IDS
offers to Telecoms are substantially the same as the services offered
by the Exchange to Users, the fees are the same.\73\ With respect to
the two services not offered to Users (the Conduit Sleeve Fee and
Carrier Connection Fee), the Exchanges state that the fees IDS charges
Telecoms are reasonable because the services correspond to the
Telecoms' usage of the IDS conduits and the Telecoms' ability to offer
their circuits to their customers.\74\ In addition, the Exchanges
provide some cost-based justifications for why the proposals are
reasonable, claiming that IDS must provide, maintain, and operate the
Mahwah Data Center technology infrastructure, expand the network
infrastructure to keep pace with the services available to Telecoms,
and handle the installation, administration, monitoring, support, and
maintenance of the MMR services.\75\
---------------------------------------------------------------------------

    \72\ See id.
    \73\ See id.
    \74\ See id.
    \75\ See id.
---------------------------------------------------------------------------

    The Exchanges contend that the proposals provide for an equitable
allocation of fees and are not unfairly discriminatory, again arguing
generally that the proposed services would allow Telecoms to continue
to compete with IDS, in addition to being voluntary and available to
all market participants on an equal basis.\76\ The Exchanges claim that
the proposed rule changes would apply to all market participants and
would not apply differently to distinct types or sizes of licensed
telecommunications service providers, but rather would apply to all
equally.\77\
---------------------------------------------------------------------------

    \76\ See id. at 21378-79.
    \77\ See id. at 21379.
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    The Exchanges argue that the proposed rule changes do not impose an
unnecessary or inappropriate burden on competition because the
proposals would preserve the ability of IDS to offer the services
described herein,

allowing the Telecoms to compete with IDS in providing connectivity
services into and out of the Mahwah Data Center.\78\ According to the
Exchanges, the proposals do not affect competition among national
securities exchanges or among members of the Exchanges, but rather the
Exchanges' filing of the proposals puts IDS at a competitive
disadvantage relative to its commercial competitors that are not
subject to filing requirements of Section 19(b) of the Act.\79\
---------------------------------------------------------------------------

    \78\ See id.
    \79\ See id. at 21379-80.
---------------------------------------------------------------------------

    Regarding the Proposed Allocation Procedures, the Exchanges argue
principally that it would be reasonable to put in place procedures to
establish the allocation of power and cabinets to Telecoms on an
equitable basis should the need arise, and that the Proposed Allocation
Procedures are consistent with those of another exchange and those
recently approved for allocating cabinets and power in the context of
the Exchanges' co-location service offerings.\80\
---------------------------------------------------------------------------

    \80\ See id. at 21378, 21378 n.26.
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IV. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Changes

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act to determine whether the Exchanges' proposed
rule changes should be approved or disapproved.\81\ Institution of
proceedings does not indicate that the Commission has reached any
conclusions with respect to any of the issues involved. Rather, the
Commission seeks and encourages interested persons to provide
additional comment on the proposed rule changes to inform the
Commission's analysis of whether to approve or disapprove the proposed
rule changes.
---------------------------------------------------------------------------

    \81\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\82\ the Commission is
providing notice of the grounds for possible disapproval under
consideration:
---------------------------------------------------------------------------

    \82\ Id. Section 19(b)(2)(B) of the Act also provides that
proceedings to determine whether to disapprove a proposed rule
change must be concluded within 180 days of the date of publication
of notice of the filing of the proposed rule change. See id. The
time for conclusion of the proceedings may be extended for up to 60
days if the Commission finds good cause for such extension and
publishes its reasons for so finding, or if the exchange consents to
the longer period. See id.
---------------------------------------------------------------------------

     Whether the Exchanges have demonstrated how the proposals
are consistent with Section 6(b)(4) of the Act, which requires that the
rules of a national securities exchange ``provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities;'' \83\
---------------------------------------------------------------------------

    \83\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

     Whether the Exchanges have demonstrated how the proposals
are consistent with Section 6(b)(5) of the Act, which requires, among
other things, that the rules of a national securities exchange be
``designed to perfect the operation of a free and open market and a
national market system'' and ``protect investors and the public
interest,'' and not be ``designed to permit unfair discrimination
between customers, issuers, brokers, or dealers;'' \84\ and
---------------------------------------------------------------------------

    \84\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

     Whether the Exchanges have demonstrated how the proposals
are consistent with Section 6(b)(8) of the Act, which requires that the
rules of a national securities exchange ``not impose any burden on
competition not necessary or appropriate in furtherance of the purposes
of [the Act].'' \85\
---------------------------------------------------------------------------

    \85\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    As discussed in Section III above, the Exchanges make various
arguments in support of the proposals. The Commission believes that
there are questions as to whether the Exchanges have provided
sufficient information to demonstrate that the proposals, including the
proposed fees for MMR services, are consistent with the Act.
    Under the Commission's Rules of Practice, the ``burden to
demonstrate that a proposed rule change is consistent with the Exchange
Act and the rules and regulations issued thereunder . . . is on the
self-regulatory organization [`SRO'] that proposed the rule change.''
\86\ The description of a proposed rule change, its purpose and
operation, its effect, and a legal analysis of its consistency with
applicable requirements must all be sufficiently detailed and specific
to support an affirmative Commission finding.\87\ Any failure of an SRO
to provide this information may result in the Commission not having a
sufficient basis to make an affirmative finding that a proposed rule
change is consistent with the Act and the applicable rules and
regulations.\88\
---------------------------------------------------------------------------

    \86\ 17 CFR 201.700(b)(3).
    \87\ See id.
    \88\ See id.
---------------------------------------------------------------------------

    The Commission is instituting proceedings to allow for additional
consideration and comment on the issues raised herein, including as to
whether the proposals are consistent with the Act, specifically, with
its requirements that the rules of a national securities exchange
provide for the equitable allocation of reasonable dues, fees, and
other charges among its members, issuers, and other persons using its
facilities; are designed to perfect the operation of a free and open
market and a national market system, and to protect investors and the
public interest; are not designed to permit unfair discrimination
between customers, issuers, brokers, or dealers; and do not impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act; \89\ as well as any other
provision of the Act, or the rules and regulations thereunder.
---------------------------------------------------------------------------

    \89\ See 15 U.S.C. 78f(b)(4), (5), and (8).
---------------------------------------------------------------------------

V. Commission's Solicitation of Comments

    The Commission requests written views, data, and arguments with
respect to the concerns identified above as well as any other relevant
concerns. Such comments should be submitted by August 5, 2021. Rebuttal
comments should be submitted by August 19, 2021. Although there do not
appear to be any issues relevant to approval or disapproval that would
be facilitated by an oral presentation of views, data, and arguments,
the Commission will consider, pursuant to Rule 19b-4, any request for
an opportunity to make an oral presentation.\90\
---------------------------------------------------------------------------

    \90\ 15 U.S.C. 78s(b)(2). Section 19(b)(2) of the Act grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by an SRO. See Securities
Acts Amendments of 1975, Report of the Senate Committee on Banking,
Housing and Urban Affairs to Accompany S. 249, S. Rep. No. 75, 94th
Cong., 1st Sess. 30 (1975).
---------------------------------------------------------------------------

    The Commission asks that commenters address the sufficiency and
merit of the Exchanges' statements in support of the proposals, in
addition to any other comments they may wish to submit about the
proposed rule changes.
    Interested persons are invited to submit written data, views, and
arguments concerning the proposed rule changes, including whether the
proposals are 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 Nos. SR-NYSE-2021-25, SR-NYSEAMER-2021-21, SR-NYSEArca-2021-24,
SR-NYSECHX-2021-07, SR-NYSENAT-2021-09 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 Nos. SR-NYSE-2021-25, SR-NYSEAMER-
2021-21, SR-NYSEArca-2021-24, SR-NYSECHX-2021-07, and SR-NYSENAT-2021-
09. The file numbers should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for website
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE, Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchanges. 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 publicly available. All
submissions should refer to File Nos. SR-NYSE-2021-25, SR-NYSEAMER-
2021-21, SR-NYSEArca-2021-24, SR-NYSECHX-2021-07, and SR-NYSENAT-2021-
09 and should be submitted on or before August 5, 2021. Rebuttal
comments should be submitted by August 19, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\91\
---------------------------------------------------------------------------

    \91\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15038 Filed 7-14-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Page 38506]
[FR Doc No: 2015-16402]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2015-0084]

Reports, Forms and Recordkeeping Requirements; Agency Information
Collection Activity Under OMB Review; Request for Comments on a New
Information Collection

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below is being forwarded to the
Office of Management and Budget (OMB) for review and comments. A
Federal Register Notice with a 60-day comment period soliciting
comments on the following information collection was published on March
26, 2015.

DATES: Comments must be submitted on or before August 5, 2015.

FOR FURTHER INFORMATION CONTACT: Wayne McKenzie, Office of Crash
Avoidance Standards (NVS-121), National Highway Traffic Safety
Administration, West Building W43-462, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Mr. McKenzie can be reached at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: 49 CFR Section 571.108, Compliance Labeling of
Retroreflective Materials Heavy Trailer Conspicuity.
    OMB Control Number: 2127-0569.
    Type of Request: Extension of a currently approved collection.
    Abstract: Federal Motor Vehicle Safety Standard No. 108, ``Lamps,
reflective devices, and associated equipment,'' specifies requirements
for vehicle lighting for the purposes of reducing traffic accidents and
their tragic results by providing adequate roadway illumination,
improved vehicle conspicuity, appropriate information transmission
through signal lamps, in both day, night, and other conditions of
reduced visibility. For certifications and identification purposes, the
Standard requires the permanent marking of the letters ``DOT-C2,'' DOT-
C3'', or DOT-C4'' at least 3mm high at regular intervals on
retroreflective sheeting material having adequate performance to
provide effective trailer conspicuity.
    The manufacturers of new tractors and trailers are required to
certify that their products are equipped with retroreflective material
complying with the requirements of the standard. The Federal Motor
Carriers Safety Administration (FMCSA) enforces this and other
standards through roadside inspections of trucks. There is no practical
field test for the performance requirements, and labeling is the only
objective way of distinguishing trailer conspicuity grade material from
lower performance material. Without labeling, FMCSA will not be able to
enforce the performance requirements of the standard and the compliance
testing of new tractors and trailers will be complicated. Labeling is
also important to small trailer manufacturers because it may help them
certify compliance. Because wider stripes or material of lower
brightness also can provide the minimum safety performance, the marking
system serves the additional role of identifying the minimum stripe
width required for retroreflective conspicuity of the particular
material.
    Affected Public: Businesses or other for profit organizations.
    Estimated Number of Respondents: 6.
    Estimated Number of Responses: 6.
    Annual Estimated Total Annual Burden Hours: 1 hour.
    Frequency of Collection:

ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget, Attention: Desk Officer for the Office of the Secretary of
Transportation, 725 17th Street NW., Washington, DC 20503.
    Comments are invited on: whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-16402 Filed 7-2-15; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: September 13, 2010 (Volume 75, Number 176)]
[Notices]
[Page 55595]
[DOCID:fr13se10-54]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1924-DR; Docket ID FEMA-2010-0002]

Nebraska; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-1924-DR), dated July 15, 2010, and
related determinations.

DATES: Effective Date: August 29, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective August 29, 2010.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-22769 Filed 9-10-10; 8:45 am]
BILLING CODE 9111-23-P