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)

Page Range		50185-50186
FR Document		2017-23488
Federal Register, Volume 82 Issue 208 (Monday, 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
Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Notices 50185

For the Commission, by the Division of A. Self-Regulatory Organization’s changes, the Exchange represents that it
Trading and Markets, pursuant to delegated Statement of the Purpose of, and will make the necessary non-substantive
authority.18 Statutory Basis for, the Proposed Rule revisions to the Amended Certificate of
Eduardo A. Aleman, Change Formation, Second Amended Limited
Assistant Secretary. Liability Company Agreement, By-Laws,
1. Purpose
[FR Doc. 2017–23480 Filed 10–27–17; 8:45 am] Rulebook, and Pricing Schedule and
BILLING CODE 8011–01–P The purpose of this filing is to reflect post updated versions of each on the
in the Exchange’s governing documents Exchange’s Web site pursuant to Rule
(and the governing documents of its 19b–4(m)(2).
SECURITIES AND EXCHANGE parent company) 3 and the Exchange’s The Exchange notes that the following
COMMISSION Rulebook a non-substantive corporate references are not being amended in the
branding change to the Exchange’s Exchange’s governing documents and
[Release No. 34–81938; File No. SR–Phlx–
name.4 Specifically, current references the Exchange’s Rulebook:
2017–83]
will be changed as follows: • Any name with a trademark (TM) or
Self-Regulatory Organizations; • References to ‘‘NASDAQ’’ will be service mark (SM) attached to the name.
NASDAQ PHLX LLC; Notice of Filing changed to ‘‘Nasdaq’’ • Any references in the Amended
and Immediate Effectiveness of • References to ‘‘NASDAQ PHLX LLC’’ Certificate of Formation or Second
Proposed Rule Change Relating to the or ‘‘NASDAQ PHLX’’ will be changed Amended Limited Liability Company
Exchange’s Name Change to ‘‘Nasdaq PHLX LLC’’ or ‘‘Nasdaq Agreement which references [sic] a prior
PHLX’’ name of the Exchange and reflects a
October 24, 2017. • References to ‘‘NASDAQ OMX PSX’’ historical date wherein that name was
Pursuant to section 19(b)(1) of the or ‘‘NASDAQ PSX’’ will be changed in effect.
Securities Exchange Act of 1934 to ‘‘Nasdaq PSX’’
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 • References to ‘‘The NASDAQ OMX 2. Statutory Basis
notice is hereby given that on October Group, Inc.’’ or ‘‘NASDAQ OMX The Exchange believes that its
19, 2017, NASDAQ PHLX LLC (‘‘Phlx’’ Group, Inc.’’ will be changed to proposal is consistent with section 6(b)
or ‘‘Exchange’’) filed with the Securities ‘‘Nasdaq, Inc.’’ 5 of the Act,7 in general, and furthers the
and Exchange Commission • In addition to the preceding changes, objectives of section 6(b)(5) of the Act,8
(‘‘Commission’’) the proposed rule all references to ‘‘OMX’’ will be in particular, in that it is designed to
change as described in Items I and II removed from the Rulebook.6 promote just and equitable principles of
below, which Items have been prepared • References to ‘‘The NASDAQ Stock trade, to remove impediments to and
by the Exchange. The Commission is Market LLC’’ or ‘‘NASDAQ Stock perfect the mechanism of a free and
publishing this notice to solicit Market LLC’’ will be changed to ‘‘The open market and a national market
comments on the proposed rule change Nasdaq Stock Market LLC’’ system, and, in general to protect
from interested persons. • References to ‘‘NASDAQ BX, Inc.’’ or investors and the public interest by
‘‘NASDAQ BX’’ will be changed to avoiding confusion with the name. The
I. Self-Regulatory Organization’s ‘‘Nasdaq BX, Inc.’’ or ‘‘Nasdaq BX’’ Exchange proposes to conform its name
Statement of the Terms of Substance of • In all instances where the word ‘‘the’’ to that of its parent, Nasdaq Inc., by
the Proposed Rule Change should have been capitalized, (e.g., changing the capitalization in the word
The Exchange proposes to amend its Rule 1080(n)(ii)(J)(1)), the Exchange ‘‘NASDAQ’’ to ‘‘Nasdaq.’’ The Exchange
rules as well as certain corporate will make the appropriate correction. also proposes to amend the names of
documents of the Exchange to reflect This name change proposal is a non- affiliated markets in a similar manner,
legal name changes. substantive change. No changes to the by changing the name ‘‘NASDAQ’’ to
The text of the proposed rule change ownership or structure of the Exchange ‘‘Nasdaq.’’ The name change of the
is available on the Exchange’s Web site have taken place. No other changes are Exchange as well as other name changes
at http://nasdaqphlx.cchwallstreet. being proposed in this filing. The to related entities are non-substantive
com/, at the principal office of the Exchange represents that these changes changes. No changes to the ownership
Exchange, and at the Commission’s are concerned solely with the or structure of the Exchange have taken
Public Reference Room. administration of the Exchange and do place.
not affect the meaning, administration,
II. Self-Regulatory Organization’s or enforcement of any rules of the B. Self-Regulatory Organization’s
Statement of the Purpose of, and Exchange or the rights, obligations, or Statement on Burden on Competition
Statutory Basis for, the Proposed Rule privileges of Exchange members or their The Exchange does not believe that
Change associated persons in any way. the proposed rule change will impose
In its filing with the Commission, the Accordingly, this filing is being any burden on competition not
Exchange included statements submitted under Rule 19b–4(f)(3). In necessary or appropriate in furtherance
concerning the purpose of and basis for lieu of providing a copy of the marked of the purposes of the Act. The name
the proposed rule change and discussed change will align with the parent
any comments it received on the 3 The Exchange proposes to amend: (i) The
company, Nasdaq, Inc.
proposed rule change. The text of these Amended Certificate of Formation; (ii) Second
statements may be examined at the
Amended Limited Liability Company Agreement; C. Self-Regulatory Organization’s
(iii) By-Laws; (iv) Rulebook; and (v) Pricing Statement on Comments on the
sradovich on DSK3GMQ082PROD with NOTICES

places specified in Item IV below. The Schedule.
Exchange has prepared summaries, set 4 The NASDAQ Stock Market LLC and NASDAQ Proposed Rule Change Received From
forth in sections A, B, and C below, of BX, Inc. will also be filing similar rule changes. Members, Participants, or Others
5 See Securities Exchange Act Release No. 75421
the most significant aspects of such No written comments were either
(July 10, 2015), 80 FR 42136 (July 16, 2015)
statements. (SR–BSECC–2015–001, SR–BX–2015–030, solicited or received.
SR–NASDAQ–2015–058, SR–Phlx–2015–46,
1 15 U.S.C. 78s(b)(1). SR–SCCP–2015–01). 7 15 U.S.C. 78f(b).
2 17 CFR 240.19b–4. 6 Id. 8 15 U.S.C. 78f(b)(5).

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50186 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Notices

III. Date of Effectiveness of the Washington, DC 20549, on official addition, the Exchange proposes to
Proposed Rule Change and Timing for business days between the hours of change its Price List related to these co-
Commission Action 10:00 a.m. and 3:00 p.m. Copies of the location services. The proposed rule
Pursuant to section 19(b)(3)(A) of the filing also will be available for change is available on the Exchange’s
Act 9 and Rule 19b–4(f)(3) thereunder,10 inspection and copying at the principal Web site at www.nyse.com, at the
the Exchange has designated this office of the Exchange. All comments principal office of the Exchange, and at
proposal as one that is concerned solely received will be posted without change. the Commission’s Public Reference
with the administration of the self- Persons submitting comments are Room.
regulatory organization, and therefore cautioned that we do not redact or edit
II. Self-Regulatory Organization’s
has become effective. personal identifying information from
Statement of the Purpose of, and
At any time within 60 days of the comment submissions. You should
Statutory Basis for, the Proposed Rule
filing of the proposed rule change, the submit only information that you wish
Change
Commission summarily may to make available publicly. All
temporarily suspend such rule change if submissions should refer to File In its filing with the Commission, the
it appears to the Commission that such Number SR–Phlx–2017–83 and should self-regulatory organization included
action is necessary or appropriate in the be submitted on or before November 20, statements concerning the purpose of,
public interest, for the protection of 2017. and basis for, the proposed rule change
investors, or otherwise in furtherance of For the Commission, by the Division of and discussed any comments it received
the purposes of the Act. Trading and Markets, pursuant to delegated on the proposed rule change. The text
authority.11 of those statements may be examined at
IV. Solicitation of Comments Robert W. Errett, the places specified in Item IV below.
Interested persons are invited to Deputy Secretary. The Exchange has prepared summaries,
submit written data, views, and [FR Doc. 2017–23488 Filed 10–27–17; 8:45 am]
set forth in sections A, B, and C below,
arguments concerning the foregoing, of the most significant parts of such
BILLING CODE 8011–01–P
including whether the proposed rule statements.
change is consistent with the Act. A. Self-Regulatory Organization’s
Comments may be submitted by any of SECURITIES AND EXCHANGE Statement of the Purpose of, and the
the following methods: COMMISSION Statutory Basis for, the Proposed Rule
Electronic Comments [Release No. 34–81926; File No. SR–NYSE– Change
• Use the Commission’s Internet 2017–52] 1. Purpose
comment form (http://www.sec.gov/ The Exchange proposes to amend the
Self-Regulatory Organizations; New
rules/sro.shtml); or co-location 4 services offered by the
• Send an email to rule-comments@ York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of Exchange to provide Users 5 with access
sec.gov. Please include File Number SR–
Proposed Rule Change To Provide to five additional third party systems
Phlx–2017–83 on the subject line.
Users With Access to Five Additional and connectivity to two additional third
Paper Comments Third Party Systems and Connectivity party data feeds. In addition the
• Send paper comments in triplicate to Two Additional Third Party Data Exchange proposes to make the
to Secretary, Securities and Exchange Feeds corresponding changes to the
Commission, 100 F Street NE., Exchange’s Price List related to these co-
October 24, 2017. location services.
Washington, DC 20549–1090.
Pursuant to Section 19(b)(1) 1 of the As set forth in the Price List, the
All submissions should refer to File Securities Exchange Act of 1934 (the
Number SR–Phlx–2017–83. This file Exchange charges fees for connectivity
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 to the execution systems of third party
number should be included on the notice is hereby given that on October
subject line if email is used. To help the markets and other content service
11, 2017, New York Stock Exchange providers (‘‘Third Party Systems’’), and
Commission process and review your LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
comments more efficiently, please use data feeds from third party markets and
with the Securities and Exchange
only one method. The Commission will Commission (‘‘Commission’’) the 4 The Exchange initially filed rule changes
post all comments on the Commission’s proposed rule change as described in relating to its co-location services with the
Internet Web site (http://www.sec.gov/ Items I and II below, which Items have Commission in 2010. See Securities Exchange Act
rules/sro.shtml). Copies of the been prepared by the self-regulatory
Release No. 62960 (September 21, 2010), 75 FR
submission, all subsequent 59310 (September 27, 2010) (SR–NYSE–2010–56)
organization. The Commission is (the ‘‘Original Co-location Filing’’). The Exchange
amendments, all written statements publishing this notice to solicit operates a data center in Mahwah, New Jersey (the
with respect to the proposed rule comments on the proposed rule change ‘‘data center’’) from which it provides co-location
change that are filed with the from interested persons.
services to Users.
5 For purposes of the Exchange’s co-location
Commission, and all written
I. Self-Regulatory Organization’s services, a ‘‘User’’ means any market participant
communications relating to the that requests to receive co-location services directly
proposed rule change between the Statement of the Terms of Substance of from the Exchange. See Securities Exchange Act
Commission and any person, other than the Proposed Rule Change Release No. 76008 (September 29, 2015), 80 FR
those that may be withheld from the 60190 (October 5, 2015) (SR–NYSE–2015–40). As
The Exchange proposes to provide specified in the Price List, a User that incurs co-
sradovich on DSK3GMQ082PROD with NOTICES

public in accordance with the Users with access to five additional location fees for a particular co-location service
provisions of 5 U.S.C. 552, will be third party systems and connectivity to pursuant thereto would not be subject to co-location
available for Web site viewing and two additional third party data feeds. In fees for the same co-location service charged by the
printing in the Commission’s Public Exchange’s affiliates NYSE American LLC (‘‘NYSE
American’’) and NYSE Arca, Inc. (‘‘NYSE Arca’’
Reference Room, 100 F Street NE., 11 17 CFR 200.30–3(a)(12). and, together with NYSE American, the ‘‘Affiliate
1 15 U.S.C. 78s(b)(1). SROs’’). See Securities Exchange Act Release No.
9 15 U.S.C. 78s(b)(3)(A). 2 15 U.S.C. 78a.
70206 (August 15, 2013), 78 FR 51765 (August 21,
10 17 CFR 240.19b–4(f)(3). 3 17 CFR 240.19b–4. 2013) (SR–NYSE–2013–59).

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Document Created: 2017-10-28 00:29:01
Document Modified: 2017-10-28 00:29:01
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 50185