Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Exchange's Name Change, 50185-50186 [2017-23488]
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Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–23480 Filed 10–27–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81938; File No. SR–Phlx–
2017–83]
Self-Regulatory Organizations;
NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to the
Exchange’s Name Change
October 24, 2017.
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
19, 2017, NASDAQ PHLX LLC (‘‘Phlx’’
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 Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
sradovich on DSK3GMQ082PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
rules as well as certain corporate
documents of the Exchange to reflect
legal name changes.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaqphlx.cchwallstreet.
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
Exchange 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 these
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 aspects of such
statements.
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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18:56 Oct 27, 2017
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A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to reflect
in the Exchange’s governing documents
(and the governing documents of its
parent company) 3 and the Exchange’s
Rulebook a non-substantive corporate
branding change to the Exchange’s
name.4 Specifically, current references
will be changed as follows:
• References to ‘‘NASDAQ’’ will be
changed to ‘‘Nasdaq’’
• References to ‘‘NASDAQ PHLX LLC’’
or ‘‘NASDAQ PHLX’’ will be changed
to ‘‘Nasdaq PHLX LLC’’ or ‘‘Nasdaq
PHLX’’
• References to ‘‘NASDAQ OMX PSX’’
or ‘‘NASDAQ PSX’’ will be changed
to ‘‘Nasdaq PSX’’
• References to ‘‘The NASDAQ OMX
Group, Inc.’’ or ‘‘NASDAQ OMX
Group, Inc.’’ will be changed to
‘‘Nasdaq, Inc.’’ 5
• In addition to the preceding changes,
all references to ‘‘OMX’’ will be
removed from the Rulebook.6
• References to ‘‘The NASDAQ Stock
Market LLC’’ or ‘‘NASDAQ Stock
Market LLC’’ will be changed to ‘‘The
Nasdaq Stock Market LLC’’
• References to ‘‘NASDAQ BX, Inc.’’ or
‘‘NASDAQ BX’’ will be changed to
‘‘Nasdaq BX, Inc.’’ or ‘‘Nasdaq BX’’
• In all instances where the word ‘‘the’’
should have been capitalized, (e.g.,
Rule 1080(n)(ii)(J)(1)), the Exchange
will make the appropriate correction.
This name change proposal is a nonsubstantive change. No changes to the
ownership or structure of the Exchange
have taken place. No other changes are
being proposed in this filing. The
Exchange represents that these changes
are concerned solely with the
administration of the Exchange and do
not affect the meaning, administration,
or enforcement of any rules of the
Exchange or the rights, obligations, or
privileges of Exchange members or their
associated persons in any way.
Accordingly, this filing is being
submitted under Rule 19b–4(f)(3). In
lieu of providing a copy of the marked
3 The Exchange proposes to amend: (i) The
Amended Certificate of Formation; (ii) Second
Amended Limited Liability Company Agreement;
(iii) By-Laws; (iv) Rulebook; and (v) Pricing
Schedule.
4 The NASDAQ Stock Market LLC and NASDAQ
BX, Inc. will also be filing similar rule changes.
5 See Securities Exchange Act Release No. 75421
(July 10, 2015), 80 FR 42136 (July 16, 2015)
(SR–BSECC–2015–001, SR–BX–2015–030,
SR–NASDAQ–2015–058, SR–Phlx–2015–46,
SR–SCCP–2015–01).
6 Id.
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50185
changes, the Exchange represents that it
will make the necessary non-substantive
revisions to the Amended Certificate of
Formation, Second Amended Limited
Liability Company Agreement, By-Laws,
Rulebook, and Pricing Schedule and
post updated versions of each on the
Exchange’s Web site pursuant to Rule
19b–4(m)(2).
The Exchange notes that the following
references are not being amended in the
Exchange’s governing documents and
the Exchange’s Rulebook:
• Any name with a trademark (TM) or
service mark (SM) attached to the name.
• Any references in the Amended
Certificate of Formation or Second
Amended Limited Liability Company
Agreement which references [sic] a prior
name of the Exchange and reflects a
historical date wherein that name was
in effect.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with section 6(b)
of the Act,7 in general, and furthers the
objectives of section 6(b)(5) of the Act,8
in particular, in that it is designed to
promote just and equitable principles of
trade, 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 by
avoiding confusion with the name. The
Exchange proposes to conform its name
to that of its parent, Nasdaq Inc., by
changing the capitalization in the word
‘‘NASDAQ’’ to ‘‘Nasdaq.’’ The Exchange
also proposes to amend the names of
affiliated markets in a similar manner,
by changing the name ‘‘NASDAQ’’ to
‘‘Nasdaq.’’ The name change of the
Exchange as well as other name changes
to related entities are non-substantive
changes. No changes to the ownership
or structure of the Exchange have taken
place.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. The name
change will align with the parent
company, Nasdaq, Inc.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
7 15
8 15
E:\FR\FM\30OCN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
30OCN1
50186
Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Pursuant to section 19(b)(3)(A) of the
Act 9 and Rule 19b–4(f)(3) thereunder,10
the Exchange has designated this
proposal as one that is concerned solely
with the administration of the selfregulatory organization, and therefore
has become effective.
At any time within 60 days of the
filing of the 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.
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:
sradovich on DSK3GMQ082PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
Phlx–2017–83 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–Phlx–2017–83. 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 Web site (https://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 Web site 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–Phlx–2017–83 and should
be submitted on or before November 20,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017–23488 Filed 10–27–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81926; File No. SR–NYSE–
2017–52]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Provide
Users With Access to Five Additional
Third Party Systems and Connectivity
to Two Additional Third Party Data
Feeds
October 24, 2017.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on October
11, 2017, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘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.
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 five additional
third party systems and connectivity to
two additional third party data feeds. In
11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(3).
10 17
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Jkt 244001
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Fmt 4703
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addition, the Exchange proposes to
change its Price List related to these colocation services. The proposed rule
change is available on the Exchange’s
Web site 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.
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 five additional third party systems
and connectivity to two additional third
party data feeds. In addition the
Exchange proposes to make the
corresponding changes to the
Exchange’s Price List related to these colocation services.
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
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 colocation 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).
E:\FR\FM\30OCN1.SGM
30OCN1
]]>Agencies
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Notices]
[Pages 50185-50186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23488]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81938; File No. SR-Phlx-2017-83]
Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Exchange's Name Change
October 24, 2017.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 19, 2017, NASDAQ PHLX LLC (``Phlx'' 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 Exchange. 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\ 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 amend its rules as well as certain
corporate documents of the Exchange to reflect legal name changes.
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaqphlx.cchwallstreet.com/ 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 Exchange 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 these 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 aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of this filing is to reflect in the Exchange's
governing documents (and the governing documents of its parent company)
\3\ and the Exchange's Rulebook a non-substantive corporate branding
change to the Exchange's name.\4\ Specifically, current references will
be changed as follows:
---------------------------------------------------------------------------
\3\ The Exchange proposes to amend: (i) The Amended Certificate
of Formation; (ii) Second Amended Limited Liability Company
Agreement; (iii) By-Laws; (iv) Rulebook; and (v) Pricing Schedule.
\4\ The NASDAQ Stock Market LLC and NASDAQ BX, Inc. will also be
filing similar rule changes.
References to ``NASDAQ'' will be changed to ``Nasdaq''
References to ``NASDAQ PHLX LLC'' or ``NASDAQ PHLX'' will be
changed to ``Nasdaq PHLX LLC'' or ``Nasdaq PHLX''
References to ``NASDAQ OMX PSX'' or ``NASDAQ PSX'' will be
changed to ``Nasdaq PSX''
References to ``The NASDAQ OMX Group, Inc.'' or ``NASDAQ OMX
Group, Inc.'' will be changed to ``Nasdaq, Inc.'' \5\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 75421 (July 10,
2015), 80 FR 42136 (July 16, 2015) (SR-BSECC-2015-001, SR-BX-2015-
030, SR-NASDAQ-2015-058, SR-Phlx-2015-46, SR-SCCP-2015-01).
---------------------------------------------------------------------------
In addition to the preceding changes, all references to
``OMX'' will be removed from the Rulebook.\6\
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
References to ``The NASDAQ Stock Market LLC'' or ``NASDAQ
Stock Market LLC'' will be changed to ``The Nasdaq Stock Market LLC''
References to ``NASDAQ BX, Inc.'' or ``NASDAQ BX'' will be
changed to ``Nasdaq BX, Inc.'' or ``Nasdaq BX''
In all instances where the word ``the'' should have been
capitalized, (e.g., Rule 1080(n)(ii)(J)(1)), the Exchange will make the
appropriate correction.
This name change proposal is a non-substantive change. No changes
to the ownership or structure of the Exchange have taken place. No
other changes are being proposed in this filing. The Exchange
represents that these changes are concerned solely with the
administration of the Exchange and do not affect the meaning,
administration, or enforcement of any rules of the Exchange or the
rights, obligations, or privileges of Exchange members or their
associated persons in any way. Accordingly, this filing is being
submitted under Rule 19b-4(f)(3). In lieu of providing a copy of the
marked changes, the Exchange represents that it will make the necessary
non-substantive revisions to the Amended Certificate of Formation,
Second Amended Limited Liability Company Agreement, By-Laws, Rulebook,
and Pricing Schedule and post updated versions of each on the
Exchange's Web site pursuant to Rule 19b-4(m)(2).
The Exchange notes that the following references are not being
amended in the Exchange's governing documents and the Exchange's
Rulebook:
Any name with a trademark (TM) or service mark (SM)
attached to the name.
Any references in the Amended Certificate of Formation or
Second Amended Limited Liability Company Agreement which references
[sic] a prior name of the Exchange and reflects a historical date
wherein that name was in effect.
2. Statutory Basis
The Exchange believes that its proposal is consistent with section
6(b) of the Act,\7\ in general, and furthers the objectives of section
6(b)(5) of the Act,\8\ in particular, in that it is designed to promote
just and equitable principles of trade, 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 by
avoiding confusion with the name. The Exchange proposes to conform its
name to that of its parent, Nasdaq Inc., by changing the capitalization
in the word ``NASDAQ'' to ``Nasdaq.'' The Exchange also proposes to
amend the names of affiliated markets in a similar manner, by changing
the name ``NASDAQ'' to ``Nasdaq.'' The name change of the Exchange as
well as other name changes to related entities are non-substantive
changes. No changes to the ownership or structure of the Exchange have
taken place.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The name change will align with
the parent company, Nasdaq, Inc.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
[[Page 50186]]
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Pursuant to section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(3)
thereunder,\10\ the Exchange has designated this proposal as one that
is concerned solely with the administration of the self-regulatory
organization, and therefore has become effective.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the 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.
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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-Phlx-2017-83 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-Phlx-2017-83. 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 Web site (https://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 Web site 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-Phlx-2017-83 and should be
submitted on or before November 20, 2017.
---------------------------------------------------------------------------
\11\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-23488 Filed 10-27-17; 8:45 am]
BILLING CODE 8011-01-P
