[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Pages 68475-68476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23906]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78966; File No. SR-NYSE-2016-45]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Designation of Longer Period for Commission Action on a 
Proposed Rule Change, as Modified by Amendment No. 1, Amending the Co-
Location Services Offered by the Exchange To Add Certain Access and 
Connectivity Fees

September 28, 2016.
    On July 29, 2016, the New York Stock Exchange LLC (``NYSE'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change (1) to provide additional information regarding 
access to various trading and execution services; connectivity to 
market data feeds and testing and certification feeds; connectivity to 
third party systems; and connectivity to DTCC provided to Users using 
data center local area networks; and (2) to establish fees relating to 
a User's access to various trading and execution services; connectivity 
to market data feeds and testing and certification feeds; connectivity 
to DTCC; and other services. The Exchange filed Amendment No. 1, which 
supersedes and replaces the proposed rule change in its entirety, on 
August 16, 2016.\3\ The proposed rule change was published for comment 
in the Federal Register on August 17, 2016 without Amendment No. 1.\4\ 
Amendment No. 1 was published for comment in the Federal

[[Page 68476]]

Register on September 26, 2016.\5\ The Commission received one comment 
in response to the proposed rule change, as modified by Amendment No. 
1.\6\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 more closely aligns the proposed rule change 
with companion proposals filed by the Exchange's affiliates NYSE 
Arca and NYSE MKT. See Securities Exchange Act Release No. 34-78628 
(August 22, 2016), 81 FR 59004 (August 26, 2016) (SR-NYSEArca-2016-
89); Securities Exchange Act Release No. 34-78629 (August 22, 2016), 
81 FR 58992 (August 26, 2016) (SR-NYSEMKT-2016-63). Amendment No. 1 
is also available at https://www.sec.gov/comments/sr-nyse-2016-45/nyse201645-1.pdf.
    \4\ See Securities Exchange Act Release No. 34-78556 (August 11, 
2016), 81 FR 54877 (``Notice'').
    \5\ See Securities Exchange Act Release No. 34-78887 (September 
20, 2016), 81 FR 66095.
    \6\ See letter to Brent J. Fields, Secretary, Commission, from 
John Ramsay, Chief Market Policy Officer, Investors Exchange LLC 
(IEX), dated September 9, 2016.
    In response to this Comment Letter, the NYSE submitted a 
response.
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    Section 19(b)(2) of the Act \7\ provides that, within 45 days of 
the publication of the notice of the filing of a proposed rule change, 
or within such longer period up to 90 days as the Commission may 
designate if it finds such longer period to be appropriate and 
publishes its reasons for so finding or as to which the self-regulatory 
organization consents, the Commission shall approve the proposed rule 
change, disapprove the proposed rule change, or institute proceedings 
to determine whether the proposed rule change should be disapproved. 
The Commission is extending this 45-day time period.
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    \7\ 15 U.S.C. 78s(b)(2).
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    The Commission finds that it is appropriate to designate a longer 
period within which to take action on the proposed rule change so that 
it has sufficient time to consider the proposed rule change, as 
modified by Amendment No. 1. Accordingly, the Commission, pursuant to 
Section 19(b)(2) of the Act,\8\ designates November 15, 2016, as the 
date by which the Commission should approve, disapprove, or institute 
proceedings to determine whether to disapprove the proposed rule change 
(File No. SR-NYSE-2016-45), as modified by Amendment No. 1.
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    \8\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(57).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-23906 Filed 10-3-16; 8:45 am]
 BILLING CODE 8011-01-P