Rule 12d1-3 30 Day Federal Register Notice

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Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Notices

3. The Exchange states that bitcoin is
resistant to price manipulation and that
other means to prevent fraudulent and
manipulative acts and practices exist to
justify dispensing with the requirement
to enter into a comprehensive
surveillance-sharing agreement with a
regulated market of significant size
related to spot bitcoin.21 Do commenters
believe the Exchange has shown that the
bitcoin market is resistant to price
manipulation or that other means to
prevent fraudulent and manipulative
acts and practices exist to justify
dispensing with the relevant
surveillance-sharing agreement?
III. Procedure: Request for Written
Comments
The Commission requests that
interested persons provide written
submissions of their views, data, and
arguments with respect to the issues
identified above, as well as any other
concerns they may have with the
proposal. In particular, the Commission
invites the written views of interested
persons concerning whether the
proposal is consistent with Section
6(b)(5) or any other provision of the Act,
and the rules and regulations
thereunder. Although there do not
appear to be any issues relevant to
approval or disapproval that would be
facilitated by an oral presentation of
views, data, and arguments, the
Commission will consider, pursuant to
Rule 19b–4, any request for an
opportunity to make an oral
presentation.22
Interested persons are invited to
submit written data, views, and
arguments regarding whether the
proposal should be approved or
disapproved by November 1, 2022. Any
person who wishes to file a rebuttal to
any other person’s submission must file
that rebuttal by November 15, 2022.
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 rule-comments@
sec.gov. Please include File Number SR–
CboeBZX–2022–035 on the subject line.

• 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–CboeBZX–2022–035. 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–CboeBZX–2022–035 and
should be submitted by November 1,
2022. Rebuttal comments should be
submitted by November 15, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.23
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–21982 Filed 10–7–22; 8:45 am]
BILLING CODE 8011–01–P

21 See

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id. at 41763 n.54.
22 Section 19(b)(2) of the Act, as amended by the
Securities Act Amendments of 1975, Public Law
94–29 (June 4, 1975), grants the Commission
flexibility to determine what type of proceeding—
either oral or notice and opportunity for written
comments—is appropriate for consideration of a
particular proposal by a self-regulatory
organization. See Securities Act Amendments of
1975, Senate Comm. on Banking, Housing & Urban
Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30
(1975).

Paper Comments

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SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–116, OMB Control No.
3235–0109]

Submission for OMB Review;
Comment Request; Extension: Rule
12d1–3
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget this
request for extension of the previously
approved collection of information
discussed below.
Exchange Act Rule 12d1–3 (17 CFR
240.12d1–3) requires a certification that
a security has been approved by an
exchange for listing and registration
pursuant to Section 12(d) of the
Securities Exchange Act of 1934 (15
U.S.C. 78l(d)) to be filed with the
Commission. The information required
under Rule 12d1–3 must be filed with
the Commission and is publicly
available. We estimate that it takes
approximately one-half hour to provide
the information required under Rule
12d1–3 and that the information is filed
by approximately 688 respondents
annually for a total annual reporting
burden of 344 burden hours (0.5 hours
per response × 688 responses). An
agency may conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid control
number.
The public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice by November 10, 2022 to (i)
www.reginfo.gov/public/do/PRAMain
and (ii) David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington,
DC 20549, or by sending an email to:
[email protected].

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Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Notices
Dated: October 4, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.

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

[FR Doc. 2022–21959 Filed 10–7–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–95968; File No. SR–NYSE–
2022–45]

Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend the
Connectivity Fee Schedule
October 4, 2022.

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
September 21, 2022, New York Stock
Exchange LLC (‘‘NYSE’’ 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 self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Connectivity Fee Schedule related to
colocation to remove 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.

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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.
1 15

U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15

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1. Purpose
The Exchange proposes to amend the
Connectivity Fee Schedule related to
colocation to remove Partial Cabinet
Solution bundles Options A and B as
obsolete.4
The Exchange recently deleted the
service ‘‘LCN Access—1 Gb Circuit’’
from the list of types of services
available in colocation, due to the lack
of User demand for 1 Gb LCN ports.5 In
making that change, the Exchange
explained that the number of 1 Gb LCN
ports purchased by Users had steadily
declined from 4 in 2017, to 2 in 2018,
to 1 in 2021, to zero in 2022. The
Exchange understands that this fall-off
in demand for the 1 Gb LCN port is due
to the fact that market data feeds
continue to increase in bandwidth, such
that Users prefer to purchase larger port
sizes. Based on this trend, the Exchange
explained that it believes that there is
no remaining User demand for the 1 Gb
LCN port, and discontinued the service
as obsolete.
The same rationale applies equally to
two of the Exchange’s Partial Cabinet
Solution (‘‘PCS’’) bundles: Options A
and B. Options A and B each include
various bundled services, including,
among other things, a 1 Gb LCN
connection. Although Options A and B
have been offered by the Exchange and
its Affiliate SROs since 2016,6 no Users
ever purchased an Option B bundle, and
only one User purchased an Option A
bundle, which it canceled in July 2021.
There are currently no Users purchasing
either an Option A or B bundle.
Accordingly, the Exchange believes that
there is no remaining User demand for
Options A or B, and proposes to
discontinue them as obsolete.
Application and Impact of the Proposed
Changes
The Exchange does not expect that the
proposed changes would have any
impact. As noted above, there was only
4 The Exchange is an indirect subsidiary of
Intercontinental Exchange, Inc. (‘‘ICE’’). Each of the
Exchange’s affiliates NYSE American LLC, NYSE
Arca, Inc., NYSE Chicago, Inc., and NYSE National,
Inc. (the ‘‘Affiliate SROs’’) has submitted
substantially the same proposed rule change to
propose the changes described herein. See SR–
NYSEAMER–2022–43, SR–NYSEARCA–2022–64,
SR–NYSECHX–2022–22, and SR–NYSENAT–2022–
22.
5 See Securities Exchange Act Release No. 95358
(July 25, 2022), 87 FR 45837 (July 29, 2022) (SR–
NYSE–2022–30).
6 See, e.g., Securities Exchange Act Release No.
77072 (February 5, 2016), 81 FR 7394 (Feb. 11,
2016) (SR–NYSE–2015–53).

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ever one User that purchased either an
Option A or B bundle, and that User
canceled its bundled service over a year
ago, in July 2021. There are currently no
purchasers of either Option A or B
bundles.
The proposed changes would not
have any effect on the two remaining
PCS bundles, Options C and D, which
include 10 Gb ports.
In addition, the proposed changes
would not apply differently to distinct
types or sizes of market participants.
Rather, they would apply to all Users 7
equally. As is currently the case, the
purchase of any colocation service is
completely voluntary and the
Connectivity Fee Schedule is applied
uniformly to all Users.
Competitive Environment
The proposed changes are not
otherwise intended to address any other
issues relating to colocation 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 rule change is consistent with
Section 6(b) of the Act,8 in general, and
furthers the objectives of Section 6(b)(5)
of the Act,9 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
mechanism 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.
The Exchange believes that
discontinuing offering the Option A and
B PCS bundles would perfect the
mechanisms of a free and open market
and a national market system and, in
general, protect investors and the public
7 For purposes of the Exchange’s colocation
services, a ‘‘User’’ means any market participant
that requests to receive colocation 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 Connectivity Fee Schedule, a User
that incurs colocation fees for a particular
colocation service pursuant thereto would not be
subject to colocation fees for the same colocation
service charged by the Affiliate SROs.
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).

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