Notice2021-21109
Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE American LLC; NYSE Arca, Inc.; NYSE National, Inc.; NYSE Chicago, Inc.; Notice of Designation of a Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To Amend Each of the Exchange's Fee Schedules Related to Co-Location
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 29, 2021
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 86 Issue 186 (Wednesday, September 29, 2021)</title>
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[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Notices]
[Pages 53995-53996]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21109]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-93107; File Nos. SR-NYSE-2021-15, SR-NYSEAMER-2021-13,
SR-NYSEArca-2021-15, SR-NYSENAT-2021-05, SR-NYSECHX-2021-04]
Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
American LLC; NYSE Arca, Inc.; NYSE National, Inc.; NYSE Chicago, Inc.;
Notice of Designation of a Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change To Amend Each of the Exchange's Fee Schedules Related to
Co-Location
September 23, 2021.
On March 10, 2021, New York Stock Exchange LLC, NYSE American LLC,
NYSE Arca, Inc., NYSE National, Inc., and NYSE Chicago, Inc. each 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 to provide
Users with access to the systems and connectivity to the data feeds of
several third parties and establish associated fees.\3\ Each proposed
rule change was immediately effective upon filing with the Commission
pursuant to Section 19(b)(3)(A) of the Act.\4\ The proposed rule
changes were published for comment in the Federal Register on March 29,
2021.\5\ On May 7, 2021, the Commission, pursuant to Section
19(b)(3)(C) of the Act \6\ temporarily suspended File Nos. SR-NYSE-
2021-15, SR-NYSEAMER-2021-13, SR-NYSEArca-2021-15, SR-NYSENAT-2021-05,
and SR-NYSECHX-2021-04; and (2) instituted proceedings to determine
whether to approve or disapprove File Nos. SR-NYSE-2021-15, SR-
NYSEAMER-2021-13, SR-NYSEArca-2021-15, SR-NYSENAT-2021-05, and SR-
NYSECHX-2021-04.\7\
[[Page 53996]]
The Commission received two comment letters on the proposal from the
Exchanges.\8\
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ The New York Stock Exchange LLC, NYSE American LLC, NYSE
Arca, Inc., NYSE National, Inc, and NYSE Chicago, Inc. are
collectively referred to herein as ``NYSE'' or the ``Exchanges.''
\4\ 15 U.S.C. 78s(b)(3)(A).
\5\ See Securities Exchange Act Release Nos. 91386 (March 23,
2021), 86 FR 16410 (March 29, 2021); 91387 (March 23, 2021), 86 FR
16417 (March 29, 2021); 91388 (March 23, 2021), 86 FR 16433 (March
29, 2021); 91389 (March 23, 2021), 86 FR 16403 (March 29, 2021);
91390 (March 23, 2021), 86 FR 16424 (March 29, 2021) (collectively,
the ``Notices'').
\6\ 15 U.S.C. 78s(b)(3)(C).
\7\ See Securities Exchange Act Release No. 91790 (May 7, 2021),
86 FR 26242 (May 13, 2021) (SR-NYSE-2021-15, NYSEAMER-2021-13, SR-
NYSEArca-2021-15, SR-NYSENAT-2021-05, SR-NYSECHX-2021-04).
\8\ See, respectively, letter dated June 21, 2021 from Elizabeth
K. King, Chief Regulatory Officer, ICE, General Counsel and
Corporate Secretary, NYSE to Vanessa Countryman, Secretary,
Commission; and letter dated September 7, 2021 from Elizabeth K.
King, Chief Regulatory Office, ICE, General Counsel and Corporate
Secretary, NYSE to Vanessa Countryman, Secretary, Commission. All
comments received by the Commission on the proposed rule change are
available on the Commission's website at: <a href="https://www.sec.gov/comments/sr-nyse-2021-15/srnyse202115.htm">https://www.sec.gov/comments/sr-nyse-2021-15/srnyse202115.htm</a>. NYSE filed comment
letters on behalf of all of the Exchanges.
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Section 19(b)(2) of the Act \9\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of the filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule changes were published for comment in the Federal
Register on March 29, 2021.\10\ The 180th day after publication of the
Notices is September 25, 2021. The Commission is extending the time
period for approving or disapproving the proposal for an additional 60
days.
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\9\ 15 U.S.C. 78s(b)(2).
\10\ See supra note 5.
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The Commission finds that it is appropriate to designate a longer
period within which to issue an order approving or disapproving the
proposed rule change so that it has sufficient time to consider the
proposed rule changes along with the comments received. Accordingly,
the Commission, pursuant to Section 19(b)(2) of the Act,\11\ designates
November 24, 2021 as the date by which the Commission should either
approve or disapprove the proposed rule changes (File Nos. SR-NYSE-
2021-15, SR-NYSEAMER-2021-13, SR-NYSEArca-2021-15, SR-NYSENAT-2021-05,
NYSECHX-2021-04).
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\11\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-21109 Filed 9-28-21; 8:45 am]
BILLING CODE 8011-01-P
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