[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Notices]
[Pages 5488-5493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02401]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82620; File No. SR-NYSE-2018-05]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
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, New York Stock Exchange LLC (``NYSE'' or 
``Exchange'') 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 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 Price 
List related to these co-location services, and to update its Price 
List 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.

[[Page 5489]]

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 Price List related to these co-location 
services, and to update its Price List to eliminate obsolete text.
---------------------------------------------------------------------------

    \4\ The Exchange initially filed rule changes relating to its 
co-location services with the Commission in 2010. See Securities 
Exchange Act Release No. 62960 (September 21, 2010), 75 FR 59310 
(September 27, 2010) (SR-NYSE-2010-56) (the ``Original Co-location 
Filing''). The Exchange operates a data center in Mahwah, New Jersey 
(the ``data center'') from which it provides co-location services to 
Users.
    \5\ For purposes of the Exchange's co-location services, a 
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See Securities 
Exchange Act Release No. 76008 (September 29, 2015), 80 FR 60190 
(October 5, 2015) (SR-NYSE-2015-40). As specified in the Price List, 
a User that incurs co-location fees for a particular co-location 
service pursuant thereto would not be subject to co-location fees 
for the same co-location service charged by the Exchange's 
affiliates NYSE American LLC (``NYSE American'') and NYSE Arca, Inc. 
(``NYSE Arca'' and, together with NYSE American, the ``Affiliate 
SROs''). See Securities Exchange Act Release No. 70206 (August 15, 
2013), 78 FR 51765 (August 21, 2013) (SR-NYSE-2013-59).
---------------------------------------------------------------------------

    As set forth in the Price List, 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 Price List.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 80311 (March 24, 
2017), 82 FR 15741 (March 30, 2017) (SR-NYSE-2016-45).
---------------------------------------------------------------------------

    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''); and
     add one feed to the list of Third Party Data Feeds: Miami 
International Securities Exchange/MIAX PEARL (the ``Additional Third 
Party Data Feed'').
    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 becomes 
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 Price List 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\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 74222 (February 6, 
2015), 80 FR 7888 (February 12, 2015) (SR-NYSE-2015-05) (notice of 
filing and immediate effectiveness of proposed rule change to 
include IP network connections).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 Price List 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
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Miami International Securities Exchange.
MIAX PEARL.
------------------------------------------------------------------------

    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 Price List 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\
---------------------------------------------------------------------------

    \9\ See supra note 7, at 7889 (``The IP network also provides 
Users with access to away market data products'').

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

[[Page 5490]]

    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 Price List. The 
additional item would be as follows:

------------------------------------------------------------------------
                                                              Monthly
                                                             recurring
                                                           connectivity
                  Third Party Data Feed                    fee per Third
                                                            Party Data
                                                               Feed
------------------------------------------------------------------------
Miami International Securities Exchange/MIAX PEARL......          $2,000
------------------------------------------------------------------------

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 Price List. 
More specifically, the Exchange proposes to make the following changes: 
\10\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 81014 (June 23, 
2017), 82 FR 29615 (June 29, 2017) (SR-NYSE-2017-25).
---------------------------------------------------------------------------

     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\
---------------------------------------------------------------------------

    \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-NYSE-2013-59, supra note 5 at 51766. The Affiliate 
SROs have also submitted substantially the same proposed rule change 
to propose the changes described herein. See SR-NYSEAMER-2018-02 and 
SR-NYSEArca-2018-06.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    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

[[Page 5491]]

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.
---------------------------------------------------------------------------

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

    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 Additional Third Party Data Feed and Additional Third Party 
System, 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 Price List, 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 Price List 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    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

[[Page 5492]]

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 Price List 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSE-2018-05 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-NYSE-2018-05. 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

[[Page 5493]]

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-
NYSE-2018-05 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\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-02401 Filed 2-6-18; 8:45 am]
 BILLING CODE 8011-01-P