[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55437-55438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22778]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65236; File No. SR-NYSEArca-2011-65]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending Its 
Options Fee Schedule for Co-Location Services To Correct Several 
Typographical Errors

August 31, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on August 24, 2011, NYSE Arca, Inc. (``NYSE Arca'' or the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its options Fee Schedule for co-
location services to correct several typographical errors. The text of 
the proposed rule change is available at the Exchange, the Commission's 
Public Reference Room, on the Commission's Web site at http://www.sec.gov, and http://www.nyse.com.

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 its Fee Schedule for co-location 
services to correct several typographical errors.
    The Exchange currently offers space at its data center in cabinets 
with tiered fees for the use of this space corresponding to the 
aggregated number of kilowatts allocated. However, the Exchange's Fee 
Schedule provides an incomplete list of power tier levels. Accordingly, 
the Exchange proposes to amend its Fee Schedule to reflect that the 
tiered fees are based on the aggregated power allocation of (i) four to 
eight kilowatts; (ii) nine to 20 kilowatts; (iii) 21 to 40 kilowatts; 
or (iv) 41 kilowatts and greater. A co-location user whose power 
allocation has been at a level that is currently not reflected in the 
Fee Schedule has been charged according to the tiers set forth herein. 
For example, a user with twelve kilowatts allocated has been charged 
$1,200 per-kilowatt per-month for the first 8 kilowatts and $1,050 per-
kilowatt per-month for the next 4 kilowatts (between 9 and 12).
    In addition to the space that it offers at its data center, the 
Exchange provides co-location users with access to the Exchange's 
trading and execution systems and to the Exchange's proprietary market 
data products through either the Exchange's Liquidity Center Network 
(``LCN''), a local area network available in the data center, or the 
Exchange's Secure Financial Transaction Infrastructure (``SFTI'') 
network, to which all co-location users have access. Access is 
available in either one or ten gigabit capacities, for which co-
location users incur an initial charge per connection and an ongoing 
monthly charge per connection. The Exchange proposes to amend its Fee 
Schedule to reflect that the initial charge for a one gigabit circuit 
for Bundled Network Access, Option 3 is $27,000, not $27,500 as 
currently stated in the Fee Schedule. The change in price is due to a 
typographical error in the Exchange's previous filing.\3\ Co-location 
users have always been charged $27,000 for this fee and have never been 
charged the fee of $27,500 that is currently stated in the Fee 
Schedule.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 63275 (November 8, 
2010), 75 FR 70048 (November 16, 2010) (SR-NYSEArca-2010-100).
---------------------------------------------------------------------------

    Finally, the Exchange proposes to amend its Fee Schedule to include 
the ongoing monthly charge per connection for a ten gigabit circuit for 
LCN access, which is $12,000. The reference to the ongoing monthly 
charge was erroneously omitted from the Fee Schedule submitted with the 
Exchange's previous filing.\4\ Co-location users have always been 
charged the $12,000 monthly charge per connection for a ten gigabit 
circuit for LCN access.
---------------------------------------------------------------------------

    \4\ Id.
---------------------------------------------------------------------------

    The Exchange believes that the changes proposed herein would not 
alter co-location users' understanding of the fees charged for co-
location and related services. In addition, the changes proposed herein 
are intended to clarify the applicable fees for co-location and related 
services--not new or altered fees--and are designed to accurately 
reflect the fees for co-locating that the Exchange and co-location 
users already understand to be in effect.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\5\ in 
general, and furthers the

[[Page 55438]]

objectives of Section 6(b)(4) \6\ and 6(b)(5) of the Act,\7\ in 
particular, in that it provides for the equitable allocation of 
reasonable dues, fees, and other charges among its members and issuers 
and other persons using its facilities and is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. The Exchange 
believes that the proposed change to the Fee Schedule is equitable 
because it applies fees for comparable co-location services uniformly 
to users of those services and because access to the Exchange and the 
services and products it provides are offered on fair and non-
discriminatory terms. The proposed changes would result in 
clarification of the Exchange's fees for co-location and related 
services.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge 
imposed by the NYSE Arca.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

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 e-mail to [email protected]. Please include 
File Number SR-NYSEArca-2011-65 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2011-65. This 
file number should be included on the subject line if e-mail is used. 
To help the Commission process and review your comments more 
efficiently, please use only one method. The Commission will post all 
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml ). Copies of the submission, all subsequent amendments, 
all written statements with respect to the proposed rule change that 
are filed with the Commission, and all written communications relating 
to the proposed rule change between the Commission and any person, 
other than those that may be withheld from the public in accordance 
with the provisions of 5 U.S.C. 552, will be available for Web site 
viewing and printing in the Commission's Public Reference Room, 100 F 
Street, NE., Washington, DC 20549, on official business days between 
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be 
available for inspection and copying at the principal office of the 
Exchange. All comments received will be posted without change; the 
Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR- 
NYSEArca-2011-65 and should be submitted on or before September 28, 
2011.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22778 Filed 9-6-11; 8:45 am]
BILLING CODE 8011-01-P