82 FR 14392 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Address of the Exchange and Its Shareholder

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 52 (March 20, 2017)

Page Range		14392-14393
FR Document		2017-05408

Federal Register, Volume 82 Issue 52 (Monday, March 20, 2017)

[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Pages 14392-14393]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-05408]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80243; File No. SR-Phlx-2017-23]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Address of the Exchange and Its Shareholder

March 14, 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 March 3, 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.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

The Exchange proposes to amend the addresses for Phlx and its
shareholder, Nasdaq, Inc.
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
Phlx is planning to relocate from its current location at 1900
Market Street in Philadelphia, Pennsylvania to a new location at FMC
Tower, 2929 Walnut Street in Philadelphia, Pennsylvania. The relocation
is currently scheduled to occur in April 2017.
The purpose of this rule change is to amend the Second Amended
Limited Liability Company Agreement of NASDAQ PHLX LLC as well as Rule
60, entitled ``Sanctions for Breach of Regulations'' to amend the
addresses referenced therein for Phlx. In addition, the Second Amended
Limited Liability Company Agreement lists the address of Phlx's
shareholder, Nasdaq, Inc. The Exchange proposes to amend that address
as well. The description for each change is below.
Change to 1900 Market Street Address
As noted above, Phlx will relocate in April 2017 to a new address
at FMC Tower, 2929 Walnut Street in Philadelphia, Pennsylvania. The
Second Amended Limited Liability Company Agreement and Rule 60
currently contain references to Phlx's current address at 1900 Market
Street. The Exchange proposes to amend the Phlx address as of April 1,
2017 to the new address at FMC Tower, 2929 Walnut Street in
Philadelphia, Pennsylvania.
Change to Nasdaq, Inc. Address
Nasdaq, Inc., the sole shareholder of Phlx, is currently listed in
the Second Amended Limited Liability Company Agreement with an address
of 1900 Market Street, Philadelphia, Pennsylvania. At this time the
Exchange proposes to list the address of its shareholder at One Liberty
Plaza, New York, NY 10006. This address is the headquarters of Nasdaq,
Inc.
The Exchange proposes that the Phlx address rule change will become
operative on April 1, 2017.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\3\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\4\

[[Page 14393]]

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 amending its Second
Amended Limited Liability Company Agreement and Rule 60 to properly
reflect the addresses of Phlx and its shareholder. It is consistent
with the Act to maintain accurate information in its Rulebook as to the
address of the Exchange. The shareholder information in the Second
Amended Limited Liability Company Agreement is being amended to more
accurately reflect the address of the shareholder.
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\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(5).
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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 proposed rule changes will
accurately reflect the addresses of Phlx and its shareholder and will
not impose an undue burden on competition.

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.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \5\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\6\
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\5\ 15 U.S.C. 78s(b)(3)(A)(iii).
\6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \7\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \8\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest as
it will allow the Exchange to update the address for Phlx and its sole
shareholder, Nasdaq, Inc., as of April 1, 2017 to coincide with the
relocation plans. Accordingly, the Commission hereby waives the
operative delay and designates the proposal operative upon filing.\9\
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\7\ 17 CFR 240.19b-4(f)(6).
\8\ 17 CFR 240.19b-4(f)(6)(iii).
\9\ For purposes only of waiving the 30-day operative delay, the
Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

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 rule-comments@sec.gov. Please include
File Number SR-Phlx-2017-23 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-2017-23. 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2017-23 and should be
submitted on or before April 10, 2017.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-05408 Filed 3-17-17; 8:45 am]
BILLING CODE 8011-01-P

14392 Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices

Commission summarily may available publicly. All submissions places specified in Item IV below. The
temporarily suspend such rule change if should refer to File Number SR–Phlx– Exchange has prepared summaries, set
it appears to the Commission that such 2017–24, and should be submitted on or forth in sections A, B, and C below, of
action is: (i) Necessary or appropriate in before April 10, 2017. the most significant aspects of such
the public interest; (ii) for the protection For the Commission, by the Division of statements.
of investors; or (iii) otherwise in Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s
furtherance of the purposes of the Act. authority.38 Statement of the Purpose of, and
If the Commission takes such action, the Robert W. Errett, Statutory Basis for, the Proposed Rule
Commission shall institute proceedings Deputy Secretary. Change
to determine whether the proposed rule [FR Doc. 2017–05409 Filed 3–17–17; 8:45 am]
should be approved or disapproved. 1. Purpose
BILLING CODE 8011–01–P
IV. Solicitation of Comments Phlx is planning to relocate from its
current location at 1900 Market Street in
Interested persons are invited to
SECURITIES AND EXCHANGE Philadelphia, Pennsylvania to a new
submit written data, views, and
COMMISSION location at FMC Tower, 2929 Walnut
arguments concerning the foregoing,
Street in Philadelphia, Pennsylvania.
including whether the proposed rule [Release No. 34–80243; File No. SR–Phlx–
2017–23] The relocation is currently scheduled to
change is consistent with the Act.
occur in April 2017.
Comments may be submitted by any of The purpose of this rule change is to
the following methods: Self-Regulatory Organizations;
NASDAQ PHLX LLC; Notice of Filing amend the Second Amended Limited
Electronic Comments and Immediate Effectiveness of Liability Company Agreement of
• Use the Commission’s Internet Proposed Rule Change To Amend the NASDAQ PHLX LLC as well as Rule 60,
comment form (http://www.sec.gov/ Address of the Exchange and Its entitled ‘‘Sanctions for Breach of
rules/sro.shtml); or Shareholder Regulations’’ to amend the addresses
• Send an email to rule-comments@ referenced therein for Phlx. In addition,
March 14, 2017. the Second Amended Limited Liability
sec.gov. Please include File Number SR–
Phlx–2017–24 on the subject line. Pursuant to Section 19(b)(1) of the Company Agreement lists the address of
Securities Exchange Act of 1934 Phlx’s shareholder, Nasdaq, Inc. The
Paper Comments (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange proposes to amend that
• Send paper comments in triplicate notice is hereby given that on March 3, address as well. The description for
to Secretary, Securities and Exchange 2017, NASDAQ PHLX LLC (‘‘Phlx’’ or each change is below.
Commission, 100 F Street NE., ‘‘Exchange’’) filed with the Securities
and Exchange Commission Change to 1900 Market Street Address
Washington, DC 20549–1090.
All submissions should refer to File (‘‘Commission’’) the proposed rule As noted above, Phlx will relocate in
Number SR–Phlx–2017–24. This file change as described in Items I and II April 2017 to a new address at FMC
number should be included on the below, which Items have been prepared Tower, 2929 Walnut Street in
subject line if email is used. To help the by the Exchange. The Commission is Philadelphia, Pennsylvania. The Second
Commission process and review your publishing this notice to solicit Amended Limited Liability Company
comments more efficiently, please use comments on the proposed rule change Agreement and Rule 60 currently
only one method. The Commission will from interested persons. contain references to Phlx’s current
post all comments on the Commission’s address at 1900 Market Street. The
I. Self-Regulatory Organization’s Exchange proposes to amend the Phlx
Internet Web site (http://www.sec.gov/ Statement of the Terms of Substance of
rules/sro.shtml). Copies of the address as of April 1, 2017 to the new
the Proposed Rule Change address at FMC Tower, 2929 Walnut
submission, all subsequent
The Exchange proposes to amend the Street in Philadelphia, Pennsylvania.
amendments, all written statements
addresses for Phlx and its shareholder,
with respect to the proposed rule Change to Nasdaq, Inc. Address
Nasdaq, Inc.
change that are filed with the The text of the proposed rule change Nasdaq, Inc., the sole shareholder of
Commission, and all written is available on the Exchange’s Web site Phlx, is currently listed in the Second
communications relating to the at http://nasdaqphlx.cchwallstreet. Amended Limited Liability Company
proposed rule change between the com/, at the principal office of the Agreement with an address of 1900
Commission and any person, other than Exchange, and at the Commission’s Market Street, Philadelphia,
those that may be withheld from the Public Reference Room. Pennsylvania. At this time the Exchange
public in accordance with the proposes to list the address of its
provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s
shareholder at One Liberty Plaza, New
available for Web site viewing and Statement of the Purpose of, and
York, NY 10006. This address is the
printing in the Commission’s Public Statutory Basis for, the Proposed Rule
headquarters of Nasdaq, Inc.
Reference Room, 100 F Street NE., Change The Exchange proposes that the Phlx
Washington, DC 20549, on official In its filing with the Commission, the address rule change will become
business days between the hours of Exchange included statements operative on April 1, 2017.
10:00 a.m. and 3:00 p.m. Copies of the concerning the purpose of and basis for
filing also will be available for 2. Statutory Basis
sradovich on DSK3GMQ082PROD with NOTICES

the proposed rule change and discussed
inspection and copying at the principal any comments it received on the The Exchange believes that its
office of the Exchange. All comments proposed rule change. The text of these proposal is consistent with Section 6(b)
received will be posted without change; statements may be examined at the of the Act,3 in general, and furthers the
the Commission does not edit personal objectives of Section 6(b)(5) of the Act,4
identifying information from 38 17 CFR 200.30–3(a)(12).
submissions. You should submit only 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f(b).
information that you wish to make 2 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(5).

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Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices 14393

in particular, in that it is designed to permits the Commission to designate a rules/sro.shtml). Copies of the
promote just and equitable principles of shorter time if such action is consistent submission, all subsequent
trade, to remove impediments to and with the protection of investors and the amendments, all written statements
perfect the mechanism of a free and public interest. The Exchange has asked with respect to the proposed rule
open market and a national market the Commission to waive the 30-day change that are filed with the
system, and, in general to protect operative delay so that the proposal may Commission, and all written
investors and the public interest, by become operative immediately upon communications relating to the
amending its Second Amended Limited filing. The Commission believes that proposed rule change between the
Liability Company Agreement and Rule waiving the 30-day operative delay is Commission and any person, other than
60 to properly reflect the addresses of consistent with the protection of those that may be withheld from the
Phlx and its shareholder. It is consistent investors and the public interest as it public in accordance with the
with the Act to maintain accurate will allow the Exchange to update the provisions of 5 U.S.C. 552, will be
information in its Rulebook as to the address for Phlx and its sole available for Web site viewing and
address of the Exchange. The shareholder, Nasdaq, Inc., as of April 1, printing in the Commission’s Public
shareholder information in the Second 2017 to coincide with the relocation Reference Room, 100 F Street NE.,
Amended Limited Liability Company plans. Accordingly, the Commission Washington, DC 20549, on official
Agreement is being amended to more hereby waives the operative delay and business days between the hours of
accurately reflect the address of the designates the proposal operative upon 10:00 a.m. and 3:00 p.m. Copies of the
shareholder. filing.9 filing also will be available for
At any time within 60 days of the inspection and copying at the principal
B. Self-Regulatory Organization’s filing of the proposed rule change, the office of the Exchange. All comments
Statement on Burden on Competition Commission summarily may received will be posted without change;
The Exchange does not believe that temporarily suspend such rule change if the Commission does not edit personal
the proposed rule change will impose it appears to the Commission that such identifying information from
any burden on competition not action is: (i) Necessary or appropriate in submissions. You should submit only
necessary or appropriate in furtherance the public interest; (ii) for the protection information that you wish to make
of the purposes of the Act. The of investors; or (iii) otherwise in available publicly. All submissions
proposed rule changes will accurately furtherance of the purposes of the Act. should refer to File Number SR–Phlx–
reflect the addresses of Phlx and its If the Commission takes such action, the 2017–23 and should be submitted on or
shareholder and will not impose an Commission shall institute proceedings before April 10, 2017.
undue burden on competition. to determine whether the proposed rule For the Commission, by the Division of
C. Self-Regulatory Organization’s should be approved or disapproved. Trading and Markets, pursuant to delegated
Statement on Comments on the IV. Solicitation of Comments authority.10
Proposed Rule Change Received From Robert W. Errett,
Interested persons are invited to
Members, Participants, or Others submit written data, views, and
Deputy Secretary.
No written comments were either [FR Doc. 2017–05408 Filed 3–17–17; 8:45 am]
arguments concerning the foregoing,
solicited or received. including whether the proposed rule BILLING CODE 8011–01–P

III. Date of Effectiveness of the change is consistent with the Act.
Proposed Rule Change and Timing for Comments may be submitted by any of
SECURITIES AND EXCHANGE
Commission Action the following methods:
COMMISSION
Because the foregoing proposed rule Electronic Comments [Release No. 34–80241; File No. SR–Phlx–
change does not: (i) Significantly affect • Use the Commission’s Internet 2017–04]
the protection of investors or the public comment form (http://www.sec.gov/
interest; (ii) impose any significant rules/sro.shtml); or Self-Regulatory Organizations;
burden on competition; and (iii) become • Send an email to rule-comments@ NASDAQ PHLX LLC; Notice of
operative for 30 days from the date on sec.gov. Please include File Number SR– Designation of Longer Period for
which it was filed, or such shorter time Phlx–2017–23 on the subject line. Commission Action on Proposed Rule
as the Commission may designate, it has Change To Permit the Listing and
become effective pursuant to Section Paper Comments Trading of P.M.-Settled NASDAQ–100
19(b)(3)(A)(iii) of the Act 5 and • Send paper comments in triplicate Index® Options on a Pilot Basis
subparagraph (f)(6) of Rule 19b–4 to Secretary, Securities and Exchange
March 14, 2017.
thereunder.6 Commission, 100 F Street NE.,
A proposed rule change filed Washington, DC 20549–1090. On January 18, 2017, NASDAQ PHLX
pursuant to Rule 19b–4(f)(6) under the LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed with
All submissions should refer to File
Act 7 normally does not become the Securities and Exchange
Number SR–Phlx–2017–23. This file
operative for 30 days after the date of its Commission (‘‘Commission’’), pursuant
number should be included on the to Section 19(b)(1) of the Securities
filing. However, Rule 19b–4(f)(6)(iii) 8 subject line if email is used. To help the Exchange Act of 1934 (‘‘Act’’) 1 and Rule
Commission process and review your 19b–4 thereunder,2 a proposed rule
5 15 U.S.C. 78s(b)(3)(A)(iii). comments more efficiently, please use change to permit the listing and trading
6 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– only one method. The Commission will
sradovich on DSK3GMQ082PROD with NOTICES

4(f)(6) requires a self-regulatory organization to give of P.M.-settled NASDAQ–100 Index®
the Commission written notice of its intent to file post all comments on the Commission’s options on a pilot basis. The proposed
the proposed rule change at least five business days Internet Web site (http://www.sec.gov/ rule change was published for comment
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the 9 For purposes only of waiving the 30-day
in the Federal Register on February 3,
Commission. The Exchange has satisfied this operative delay, the Commission has also
requirement. considered the proposed rule’s impact on
10 17 CFR 200.30–3(a)(12).
7 17 CFR 240.19b–4(f)(6). 1 15 U.S.C. 78s(b)(1).
efficiency, competition, and capital formation. See
8 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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Document Created: 2017-03-18 01:10:45
Document Modified: 2017-03-18 01:10:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 14392