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]

Download as PDF 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 http://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. VerDate Sep<11>2014 18:56 Oct 27, 2017 Jkt 244001 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. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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 (http://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 (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 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 VerDate Sep<11>2014 17:59 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 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 http://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 (http://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 (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 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