82 FR 50185 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Exchange's Name Change

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 208 (October 30, 2017)

[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Notices]
[Pages 50185-50186]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23488]


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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.
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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 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:
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    \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\
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    \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).
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 In addition to the preceding changes, all references to 
``OMX'' will be removed from the Rulebook.\6\
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    \6\ Id.
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 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.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 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 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.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(3).
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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 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.
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    \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