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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices
PNU cabinets are reserved cabinet space that are not active, and that can be converted to a powered, dedicated cabinet when the User requests it.9
Although PNU cabinets do not use power, when the Exchange establishes a PNU cabinet, it allocates unused power capacity to it, depending on the Users requirements. The allocated power is kept in reserve for the PNU cabinet, and, upon the Users request, the PNU
cabinet may be powered and used promptly.
If additional power or cabinets are needed, the Exchange may use established measures to convert PNU
cabinets:
if reserved cabinet space becomes needed for use, the reserving User will have 30
business days to formally contract with the Exchange for full payment for the reserved cabinet space needed or the space will be reassigned.10

The Exchange proposes to provide additional detail regarding the conversion of PNU cabinets in the Proposed Procedures.
Proposed Procedures Like the Existing Procedures, the Proposed Procedures would be set forth in General Notes 7 and 8. General Note 7 would be amended to provide that, if the amount of power or cabinets available fell below specified thresholds, Users would be subject to purchasing limits. General Note 7 would also specify when the purchasing limits would cease to apply. Consistent with the Existing Procedures, the amended General Note 7 would provide that if a User requests a number of Standard Cabinets and/or amount of Additional Power that would cause the unallocated power capacity to be below the specified power and cabinet thresholds, the purchasing limits would apply only to the portion of the Users order below the relevant threshold.11
9 See
id.

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10 Securities
Exchange Act Release No. 62732
August 16, 2010, 75 FR 51512 August 20, 2010
SRNYSE201056, at note 5. See 83 FR 26314, supra note 4, at 26316. Reserved cabinet space is a PNU cabinet. See Securities Exchange Act Release No. 70913 November 21, 2013, 78 FR 70987
November 27, 2013 SRNYSE201374.
11 For example, if there was 365 kW unallocated power capacity in co-location and a User requested to purchase cabinets and Additional Power that would, together, total 55 kW, the purchasing limits in General Note 7 would not apply to the Users purchase of the first 15 kW, whether those kW were in the form of cabinets or Additional Power. Once the power threshold was reached, the combined limits would be activated, limiting the Users purchase of additional cabinets and Additional Power. In all, the User would be permitted to purchase a total of 47 kW out of its original order of 55 kW. The User could choose whether the 47
kW was in the form of cabinets, Additional Power, or both.

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The Exchange proposes that, if either the Cabinet Threshold or the Power Threshold, or if both the Cabinet Threshold and Power Threshold are reached, all Users with PNU cabinets would be required to either convert or relinquish them, consistent with the applicable provisions. Doing so would allow all cabinets and power to be available for active use. As a result, no User would be subject to limitations on its ability to purchase and use cabinets or power at the same time that PNU
cabinets were dormant.
General Note 8 would be amended to provide that, if the amount of power or cabinets available fell to zero, Users seeking to purchase power or cabinets would be put on a waitlist. The waitlist provisions for power would be substantially similar to those for cabinets in the Existing Procedures.12 In both General Notes 7 and 8, the Proposed Procedures would also state how the Existing Procedures regarding cabinets and the new procedures regarding power would relate to each other. In each case, the Proposed Procedures would state what the threshold amount of power and cabinets would be to discontinue the limits, which would allow the Exchange to return to offering PNU cabinets. Finally, in clarifying changes, the existing text of General Notes 7 and 8 would be amended to change Purchasing Limits to Cabinet Limits and waitlist to Cabinet Waitlist and to delete redundant text.
Proposed Amendments to General Note 7
The Exchange proposes to amend General Note 7 as follows additions italicized, deletions in brackets:
7. Cabinet and Power Purchasing Limits. If i unallocated cabinet inventory is at or below 40 cabinets, whether or not such cabinets are configured to be subdivided into partial cabinets Cabinet Threshold, or ii the unallocated power capacity in colocation is at or below 350 kW the Power Threshold, the following limits on the purchase of new cabinets Purchasing Limits will apply:
a. Cabinet Limits. If only the Cabinet Threshold is reached, the following measures the Cabinet Limits will apply:
All Users with PNU cabinets will be required to either convert itstheir PNU
12 Consistent with the Existing Procedures, the Proposed Procedures would provide that, as additional power and cabinets became available, the Exchange would offer it to the User at the top of the combined waitlist. Power may become available if, for example, a a User vacates a dedicated or partial cabinet or relinquishes Additional Power or b IDS builds additional capacity. Cabinets may become available if, for example, a User vacates a dedicated or partial cabinet.

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cabinets into dedicated cabinets or relinquish itstheir PNU cabinets before being permitted to purchase new cabinets. The Exchange will notify each User with a PNU
cabinet that the User has 30 business days to decide whether to contract to convert the PNU cabinet to a dedicated cabinet. If the User does not contract to use the PNU
cabinet as a dedicated cabinet within such time, the PNU cabinet will be relinquished.
Once the Cabinet Threshold is reached, tThe Exchange will limit each Users purchase of new cabinets dedicated and partial to a maximum of four dedicated cabinets. The maximum may be comprised of a mix of dedicated and partial cabinets, with two partial cabinets counting as one dedicated cabinet.
If a User requests, in writing, a number of cabinets that, if provided, would cause the available cabinet inventory to be below 40
cabinets, the PurchasingCabinet Limits will only apply to the portion of the Users order below the Cabinet Threshold.
A User will have to wait 30 days from the date of its signed order form before purchasing new cabinets again.
If the Cabinet Threshold is reached, the Exchange will cease offering or providing new PNU cabinets to all Users and Users will not be permitted to convert a currently used dedicated cabinet to a PNU cabinet.
When unallocated cabinet inventory is more than 40 cabinets, the Exchange will discontinue the PurchasingCabinet Limits.
b. Combined Limits. If only the Power Threshold is reached or both the Cabinet Threshold and the Power Threshold are reached, the following measures the Combined Limits will apply:
All Users with PNU cabinets will be required to either convert their PNU cabinets into dedicated cabinets or relinquish their PNU cabinets. The Exchange will notify each User with a PNU cabinet that the User has 30 business days to decide whether to contract to convert the PNU cabinet to a dedicated cabinet. If the User does not contract to use the PNU cabinet as a dedicated cabinet within such time, the PNU
cabinet will be relinquished.
A User may purchase either or both of the following, so long as the combined power usage of such purchases is no more than a maximum of 32 kW:
a. New cabinets dedicated and partial, subject to a maximum of four dedicated cabinets with standard power allocations of 4 kW or 8 kW Standard Cabinets. The purchase may be comprised of a mix of dedicated and partial cabinets, with two partial cabinets counting as one dedicated cabinet.
b. Additional power for new or existing cabinets.
If a User requests, in writing, a number of Standard Cabinets and/or an amount of additional power that, if provided, would cause the unallocated power capacity to be below the Power Threshold or Cabinet Threshold, the Combined Limits would apply only to the portion of the Users order below the relevant threshold.
A User will have to wait 30 days from the date of its signed order form before purchasing new Standard Cabinets or additional power again.

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