[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Notices]
[Pages 5500-5504]
[FR Doc No: 2018-02399]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82617; File No. SR-NYSEARCA-2018-06]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Provide Users
With Access to Two Additional Third Party Systems and Connectivity to
One Additional Third Party Data Feed

February 1, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on January 19, 2018, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II 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 Substance
of the Proposed Rule Change

    The Exchange proposes to provide Users with access to two
additional third party systems and connectivity to one additional third
party data feed. In addition, the Exchange proposes to change its NYSE
Arca Options Fees and Charges (the ``Options Fee Schedule'') and the
NYSE Arca Equities Fees and Charges (the ``Equities Fee Schedule'' and,
together with the Options Fee Schedule, the ``Fee Schedules'') related
to these co-location services, and to update its Fee Schedules to
eliminate obsolete text. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the co-location \4\ services offered
by the Exchange to provide Users \5\ with access to two additional
third party systems and connectivity to one additional third party data
feed. In addition the Exchange proposes to make the corresponding
changes to the Exchange's Fee Schedules related to these co-location
services, and to update its Fee Schedules to eliminate obsolete text.
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    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Commission in 2010. See Securities
Exchange Act Release No. 63275 (November 8, 2010), 75 FR 70048
(November 16, 2010) (SR-NYSEArca-2010-100) (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. 76010 (September 29, 2015), 80 FR 60197
(October 5, 2015) (SR-NYSEArca-2015-82). As specified in the Fee
Schedules, a User that incurs co-location fees for a particular co-
location service pursuant thereto would not be subject to co-
location fees for the same co-location service charged by the
Exchange's affiliates New York Stock Exchange LLC (``NYSE LLC'') and
NYSE American LLC (``NYSE American and, together with NYSE LLC, the
``Affiliate SROs''). See Securities Exchange Act Release No. 70173
(August 13, 2013), 78 FR 50459 (August 19, 2013) (SR-NYSEArca-2013-
80).
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    As set forth in the Fee Schedules, the Exchange charges fees for
connectivity to the execution systems of third party markets and other
content service providers (``Third Party Systems''), and data feeds
from third party markets and other content service providers (``Third
Party Data Feeds'').\6\ The lists of Third Party Systems and Third
Party Data Feeds are set forth in the Fee Schedules.
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    \6\ See Securities Exchange Act Release No. 80310 (March 24,
2017), 82 FR 15763 (March 30, 2017) (SR-NYSEArca-2016-89).
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    The Exchange now proposes to make the following changes:
     Add two content service providers to the list of Third
Party Systems: Miami International Securities Exchange and MIAX PEARL
(together, the ``Additional Third Party Systems'' or ``ATPS''); and
     add one feed to the list of Third Party Data Feeds: Miami
International Securities Exchange/MIAX PEARL (the ``Additional Third
Party Data Feed'' or ``ATPD'').
    The Exchange would provide access to the Additional Third Party
Systems (``Access'') and connectivity to the Additional Third Party
Data Feed (``Connectivity'') as conveniences to Users. Use of Access or
Connectivity would be completely voluntary. The Exchange is not aware
of any impediment to third parties offering Access or Connectivity.
    The Exchange does not have visibility into whether third parties
currently offer, or intend to offer, Users access to the Additional
Third Party Systems and connectivity to the Additional Third Party Data
Feed, as such third parties are not required to make that information
public. However, if one or more third parties presently offer, or in
the future opt to offer, such Access and Connectivity to Users, a User
may utilize the Secure Financial Transaction Infrastructure (``SFTI'')
network, a third party telecommunication network, third party wireless
network, a cross connect, or a combination thereof to access such
services and products through a connection to an access center outside
the data center (which could be a SFTI access center, a third-party
access center, or both), another User, or a third party vendor.
    The proposed rule change would become operative when the Additional
Third Party Systems and the Additional Third Party Data Feed become
available, which is expected to be no later than March 31, 2018. The
Exchange will announce the dates that each Product is available through
customer notices disseminated to all Users simultaneously.
Connectivity to Additional Third Party Systems
    The Exchange proposes to revise the Fee Schedules to provide that
Users may obtain connectivity to the two Additional Third Party Systems
for a fee. As with the current Third Party Systems, Users would connect
to the Additional Third Party Systems over the internet protocol
(``IP'') network, a local area network available in the data center.\7\
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    \7\ See Securities Exchange Act Release No. 74219 (February 6,
2015), 80 FR 7899 (February 12, 2015) (SR-NYSEArca-2015-03) (notice
of filing and immediate effectiveness of proposed rule change to
include IP network connections).
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    As with the current Third Party Systems, in order to obtain access
to an Additional Third Party System, the User would enter into an
agreement with the relevant third party content service provider,
pursuant to which the third party content service provider would charge
the User for access to the Additional Third Party System. The Exchange
would then establish a unicast connection between the User and the

relevant third party content service provider over the IP network.\8\
The Exchange would charge the User for the connectivity to the
Additional Third Party System. A User would only receive, and only be
charged for, access to Additional Third Party Systems for which it
enters into agreements with the third party content service provider.
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    \8\ Information flows over existing network connections in two
formats: ``unicast'' format, which is a format that allows one-to-
one communication, similar to a phone line, in which information is
sent to and from the Exchange; and ``multicast'' format, which is a
format in which information is sent one-way from the Exchange to
multiple recipients at once, like a radio broadcast.
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    The Exchange has no ownership interest in the Additional Third
Party Systems. Establishing a User's access to an Additional Third
Party System would not give the Exchange any right to use the
Additional Third Party Systems. Connectivity to an Additional Third
Party System would not provide access or order entry to the Exchange's
execution system, and a User's connection to an Additional Third Party
System would not be through the Exchange's execution system.
    As with the existing connections to Third Party Systems, the
Exchange proposes to charge a monthly recurring fee for connectivity to
an Additional Third Party System. Specifically, when a User requests
access to an Additional Third Party System, it would identify the
applicable content service provider and what bandwidth connection it
required.
    The Exchange proposes to modify its Fee Schedules to add the
Additional Third Party Systems to its existing list of Third Party
Systems. The additional items would be as follows:

                           Third Party Systems
------------------------------------------------------------------------

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Miami International Securities Exchange.
MIAX PEARL.
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    The Exchange does not propose to change the monthly recurring fee
the Exchange charges Users for unicast connectivity to each Third Party
System, including the Additional Third Party Systems.
Connectivity to Additional Third Party Data Feed
    The Exchange proposes to revise the Fee Schedules to provide that
Users may obtain connectivity to the Additional Third Party Data Feed
for a fee. The Exchange would receive the Additional Third Party Data
Feed from the content service provider, at its data center. It would
then provide connectivity to that data to Users for a fee. Users would
connect to the Additional Third Party Data Feed over the IP network.\9\
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    \9\ See supra note 7, at 7899 (``The IP network also provides
Users with access to away market data products'').
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    In order to connect to the Additional Third Party Data Feed, a User
would enter into a contract with the content service provider, pursuant
to which the content service provider would charge the User for the
Third Party Data Feed. The Exchange would receive the Third Party Data
Feed over its fiber optic network and, after the content service
provider and User entered into the contract and the Exchange received
authorization from the content service provider, the Exchange would re-
transmit the data to the User over the User's port. The Exchange would
charge the User for the connectivity to the Additional Third Party Data
Feed. A User would only receive, and would only be charged for,
connectivity to the Additional Third Party Data Feed for which it
entered into contracts.
    The Exchange has no affiliation with the seller of the Additional
Third Party Data Feed. It would have no right to use the Additional
Third Party Data Feed other than as a redistributor of the data. The
Additional Third Party Data Feed would not provide access or order
entry to the Exchange's execution system. The Additional Third Party
Data Feed would not provide access or order entry to the execution
systems of the third parties generating the feed. The Exchange would
receive the Additional Third Party Data Feed via arms-length agreements
and it would have no inherent advantage over any other distributor of
such data.
    As it does with the existing Third Party Data Feeds, the Exchange
proposes to charge a monthly recurring fee for connectivity to the
Additional Third Party Data Feed. Depending on its needs and bandwidth,
a User may opt to receive all or some of the feeds or services included
in the Additional Third Party Data Feed.
    The Exchange proposes to add the connectivity fees for the
Additional Third Party Data to its existing list in the Fee Schedules.
The additional item would be as follows:

------------------------------------------------------------------------
                                                             Monthly
                                                            recurring
                 Third party data feed                     connectivity
                                                          fee per third
                                                         party data feed
------------------------------------------------------------------------
Miami International Securities Exchange/MIAX PEARL.....          $2,000
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Elimination of Obsolete Rule Language
    The Exchange proposes to delete obsolete text from both the lists
of Third Party Data Feeds and Third Party Systems in the Fee Schedules.
More specifically, the Exchange proposes to make the following changes:
\10\
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    \10\ See Securities Exchange Act Release No. 81013 (June 23,
2017), 82 FR 29604 (June 29, 2017) (SR-NYSEArca-2017-62).
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     From both lists, remove the asterisk and note stating that
the asterisked service is expected to be available no later than
September 30, 2017, as the relevant services are currently available;
and
     from the list of Third Party Data Feeds, remove the
asterisks and note stating that the Euronext Optiq Compressed
Derivatives is expected to be offered in place of Euronext no later
than September 30, 2017, as such change has occurred, and remove
Euronext as a Third Party Data Feed.
    This proposed change would have no impact on pricing.
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; \11\ and
(iii) a User would only incur one charge for the particular co-location
service described herein, regardless of whether the User connects only
to the Exchange or to the Exchange and one or both the Affiliate
SROs.\12\
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    \11\ 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 in sending orders
to, and receiving market data from, the Exchange.
    \12\ See SR-NYSEArca-2013-80, supra note 5 at 50459. The
Affiliate SROs have also submitted substantially the same proposed
rule change to propose the changes described herein. See SR-NYSE-
2018-05 and SR-NYSEAMER-2018-02.
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    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 fee change is consistent
with Section 6(b) of the Act,\13\ in general, and furthers the
objectives of Sections 6(b)(5) of the Act,\14\ 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.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed changes 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, by offering additional services, the Exchange
would give each User additional options for addressing its access and
connectivity needs, responding to User demand for access and
connectivity options. Providing additional services would help 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 would provide Access and Connectivity as conveniences
to Users. Use of Access or Connectivity would be completely voluntary.
The Exchange is not aware of any impediment to third parties offering
Access or Connectivity. The Exchange does not have visibility into
whether third parties currently offer, or intend to offer, Users access
to the Additional Third Party Systems and connectivity to the
Additional Third Party Data Feed. However, if one or more third parties
presently offer, or in the future opt to offer, such Access and
Connectivity to Users, a User may utilize the SFTI network, a third
party telecommunication network, third party wireless network, a cross
connect, or a combination thereof to access such services and products
through a connection to an access center outside the data center (which
could be a SFTI access center, a third-party access center, or both),
another User, or a third party vendor.
    The Exchange believes that the proposed changes 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, by offering access to the Additional Third
Party Systems and connectivity to the Additional Third Party Data Feed
to Users when available, the Exchange would give Users additional
options for connectivity and access to new services as soon as they are
available, responding to User demand for access and connectivity
options.
    The Exchange also believes that the proposed fee change is
consistent with Section 6(b)(4) of the Act,\15\ 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.
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    \15\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed fee changes are consistent
with Section 6(b)(4) of the Act 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.
    The Exchange believes that the additional services and fees
proposed herein would be equitably allocated and not unfairly
discriminatory because, in addition to the services being completely
voluntary, they would be available to all Users on an equal basis
(i.e., the same products and services would be available to all Users).
All Users that voluntarily selected to receive Access or Connectivity
would be charged the same amount for the same services. Users that
opted to use Access or Connectivity would not receive access or
connectivity that is not available to all Users, as all market
participants that contracted with the relevant market or content
provider would receive access or connectivity.
    The Exchange believes that the proposed charges would be
reasonable, equitably allocated and not unfairly discriminatory because
the Exchange would offer the Access and Connectivity 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 such services, including by responding to
any production issues. Since the inception of co-location, the Exchange
has made numerous improvements to the network hardware and technology
infrastructure and has established additional administrative controls.
The Exchange has expanded the network infrastructure to keep pace with
the increased number of services available to Users, including
resilient and redundant feeds. In addition, in order to provide Access
and Connectivity, the Exchange would maintain multiple connections to
each ATPD and ATPS, allowing the Exchange to provide resilient and
redundant connections; adapt to any changes made by the relevant third
party; and cover any applicable fees charged by the relevant third
party, such as port fees. In addition, Users would not be required to
use any of their bandwidth for Access and Connectivity unless they wish
to do so.
    The Exchange believes the proposed fees for Access and Connectivity
would be reasonable because they would allow the Exchange to defray or
cover the costs associated with offering Users access to Additional
Third Party Systems and connectivity to Additional Third Party Data
Feed while providing Users the convenience of receiving such Access and
Connectivity within co-location, helping them tailor their data center
operations to the requirements of their business operations.
    The Exchange also believes that the proposal to delete obsolete
text from the list of Third Party Data Feeds and the list of Third
Party Systems 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 fee changes would remove obsolete text from the Fee Schedules,
reducing the complexity and any potential ambiguity and providing
clarification concerning the availability and the costs of products and
services available to Users. Further, the Exchange believes that that
the proposed modifications and updates to its Fee Schedules would be
consistent with the public interest and the protection of investors
because the public and investors would not be harmed and, in fact,
would benefit from this updating and clarification.
    For the reasons above, the proposed changes would not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms and conditions established from time to time by the Exchange.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\16\ 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 all of the proposed services are completely
voluntary.
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    \16\ 15 U.S.C. 78f(b)(8).
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    The Exchange believes that providing Users with additional options
for connectivity and access to new services would not impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act because such proposed Access and Connectivity
would satisfy User demand for access and connectivity options. The
Exchange would provide Access and Connectivity as conveniences equally
to all Users. The Exchange does not have visibility into whether third
parties currently offer, or intend to offer, Users access to the
Additional Third Party Systems and connectivity to the Additional Third
Party Data Feed, as such third parties are not required to make that
information public. However, if one or more third parties presently
offer, or in the future opt to offer, such Access and Connectivity to
Users, a User may utilize the SFTI network, a third party
telecommunication network, third party wireless network, a cross
connect, or a combination thereof to access such services and products
through a connection to an access center outside the data center (which
could be a SFTI access center, a third-party access center, or both),
another User, or a third party vendor. Users that opt to use the
proposed Access or Connectivity would not receive access or
connectivity that is not available to all Users, as all market
participants that contract with the 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 proposed deletion of obsolete text from the list of Third Party
Data Feeds and the list of Third Party Systems would update the
information and increase the clarity of the Fee Schedules concerning
the availability and cost of products and services available to Users.
Accordingly, the proposed change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act, as the public and investors would benefit from
this updating and clarification.
    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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\19\
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    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\21\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay so that the
proposal may become operative immediately upon filing. The Exchange
represents that the proposed rule changes present no new or novel
issues. According to the Exchange, waiver of the operative delay would
allow Users to access the Additional Third Party Systems and the
Additional Third Party Data Feeds without delay, which would assist
Users in tailoring their data center operations to the requirements of
their business operations. The Exchange also represents that the
proposed changes to the Price List would provide Users with more
complete information regarding their Access and Connectivity options.
The Commission believes that waiving

the 30-day operative delay is consistent with the protection of
investors and the public interest. Accordingly, the Commission waives
the 30-day operative delay and designates the proposed rule change
operative upon filing.\22\
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    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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) \23\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \23\ 15 U.S.C. 78s(b)(2)(B).
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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 protected]. Please include
File Number SR-NYSEARCA-2018-06 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEARCA-2018-06. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEARCA-2018-06 and should be submitted
on or before February 28, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-02399 Filed 2-6-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Notices]
[Page 734]
[FR Doc No: 2012-31676]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Medical Imaging Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Medical Imaging Drugs Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on February 14, 2013, from
8 a.m. to 3 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD
20993-0002. Information regarding special accommodations due to a
disability, visitor parking, and transportation may be accessed at
http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.
    Contact Person: Diane Goyette, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: 301-847-
8533, email<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: On February 14, 2013, the committee will discuss new drug
application (NDA) 204781, proposed trade name DOTAREM (gadoterate
meglumine injection), application submitted by Guerbet, LLC. The
proposed indication (use) for this product is for magnetic resonance
imaging in brain (intracranial), spine, and associated tissues in
adults and pediatric patients (from neonates to 17 years of age) to
detect and visualize areas with disruption of the blood brain barrier
(specialized tissues that help protect the brain) and/or abnormal
vascularity (abnormal blood circulation).
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
January 31, 2013. Oral presentations from the public will be scheduled
between approximately 12:30 p.m. and 1:30 p.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before January 23, 2013.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by January 24, 2013.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Diane Goyette at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: December 28, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-31676 Filed 1-3-13; 8:45 am]
BILLING CODE 4160-01-P