82 FR 50468 - Self-Regulatory Organizations; NASDAQ BX, Inc.; 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 209 (October 31, 2017)

Page Range		50468-50469
FR Document		2017-23584

Federal Register, Volume 82 Issue 209 (Tuesday, October 31, 2017)

[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50468-50469]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-23584]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81948; File No. SR-BX-2017-046]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Exchange's Name Change

October 25, 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 18, 2017, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, 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://nasdaqbx.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.

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 Certificate of
Incorporation; (ii) Second Amended Limited Liability Company
Agreement; (iii) By-Laws; and (iv) Rule Book.
\4\ NASDAQ PHLX LLC and The NASDAQ Stock Market LLC will also be
filing similar rule changes.
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References to ``NASDAQ'' will be changed to ``Nasdaq''.
References to ``NASDAQ BX, Inc.'' or ``NASDAQ BX'' will be
changed to ``Nasdaq BX, Inc.'' or ``Nasdaq BX''.
References to ``The NASDAQ Stock Market LLC'' or ``NASDAQ
Stock Market LLC'' will be changed to ``The Nasdaq Stock Market LLC''.
References to ``NASDAQ PHLX LLC'' or ``NASDAQ PHLX'' will
be changed to ``Nasdaq PHLX LLC'' or ``Nasdaq PHLX''.
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 ``NASDAQ Execution Services, LLC'' will be
changed to as ``Nasdaq Execution Services, LLC''.
In all instances where the word ``the'' should have been
capitalized, (e.g., By-Law, Section 4.13(c)), the Exchange will make
the appropriate correction.
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 Certificate of Incorporation, Second
Amended Limited Liability Company Agreement, By-Laws and Rulebook 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 Certificate of Incorporation which
references 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

[[Page 50469]]

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.

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. 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-BX-2017-046 on the subject line.

Paper Comments

Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2017-046. 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-BX-2017-046 and should be
submitted on or before November 21, 2017.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Eduardo A. Aleman,
Assistant Secretary.
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\11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2017-23584 Filed 10-30-17; 8:45 am]
BILLING CODE 8011-01-P

50468 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices

provisions of 5 U.S.C. 552, will be The text of the proposed rule change • References to ‘‘NASDAQ Execution
available for Web site viewing and is available on the Exchange’s Web site Services, LLC’’ will be changed to as
printing in the Commission’s Public at http://nasdaqbx.cchwallstreet.com/, ‘‘Nasdaq Execution Services, LLC’’.
Reference Room, 100 F Street NE., at the principal office of the Exchange, • In all instances where the word
Washington, DC 20549 on official and at the Commission’s Public ‘‘the’’ should have been capitalized,
business days between the hours of Reference Room. (e.g., By-Law, Section 4.13(c)), the
10:00 a.m. and 3:00 p.m. Copies of the Exchange will make the appropriate
II. Self-Regulatory Organization’s
filing also will be available for correction.
Statement of the Purpose of, and
inspection and copying at the principal No other changes are being proposed
Statutory Basis for, the Proposed Rule
office of the Exchange. All comments in this filing. The Exchange represents
Change
received will be posted without change. that these changes are concerned solely
Persons submitting comments are In its filing with the Commission, the with the administration of the Exchange
cautioned that we do not redact or edit Exchange included statements and do not affect the meaning,
personal identifying information from concerning the purpose of and basis for administration, or enforcement of any
comment submissions. You should the proposed rule change and discussed rules of the Exchange or the rights,
submit only information that you wish any comments it received on the obligations, or privileges of Exchange
to make available publicly. All proposed rule change. The text of these members or their associated persons in
submissions should refer to File statements may be examined at the any way. Accordingly, this filing is
Number SR–NYSEArca–2017–99 and places specified in Item IV below. The being submitted under Rule 19b-4(f)(3).
should be submitted on or before Exchange has prepared summaries, set In lieu of providing a copy of the
November 21, 2017. forth in sections A, B, and C below, of marked changes, the Exchange
For the Commission, by the Division of the most significant aspects of such represents that it will make the
Trading and Markets, pursuant to delegated statements. necessary non-substantive revisions to
authority.27 A. Self-Regulatory Organization’s the Certificate of Incorporation, Second
Eduardo A. Aleman, Statement of the Purpose of, and Amended Limited Liability Company
Assistant Secretary. Statutory Basis for, the Proposed Rule Agreement, By-Laws and Rulebook and
[FR Doc. 2017–23582 Filed 10–30–17; 8:45 am] Change post updated versions of each on the
BILLING CODE 8011–01–P
Exchange’s Web site pursuant to Rule
1. Purpose 19b–4(m)(2).
The purpose of this filing is to reflect The Exchange notes that the following
SECURITIES AND EXCHANGE in the Exchange’s governing documents references are not being amended in the
COMMISSION (and the governing documents of its Exchange’s governing documents and
parent company) 3 and the Exchange’s the Exchange’s Rulebook:
[Release No. 34–81948; File No. SR–BX–
Rulebook a non-substantive corporate • Any name with a trademark (TM) or
2017–046] service mark (SM) attached to the name.
branding change to the Exchange’s
name.4 Specifically, current references • Any references in the Certificate of
Self-Regulatory Organizations;
will be changed as follows: Incorporation which references a prior
NASDAQ BX, Inc.; Notice of Filing and
• References to ‘‘NASDAQ’’ will be name of the Exchange and reflects a
Immediate Effectiveness of Proposed
changed to ‘‘Nasdaq’’. historical date wherein that name was
Rule Change Relating to the
• References to ‘‘NASDAQ BX, Inc.’’ in effect.
Exchange’s Name Change
or ‘‘NASDAQ BX’’ will be changed to 2. Statutory Basis
October 25, 2017. ‘‘Nasdaq BX, Inc.’’ or ‘‘Nasdaq BX’’.
Pursuant to Section 19(b)(1) of the The Exchange believes that its
• References to ‘‘The NASDAQ Stock proposal is consistent with Section 6(b)
Securities Exchange Act of 1934 Market LLC’’ or ‘‘NASDAQ Stock
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 of the Act,7 in general, and furthers the
Market LLC’’ will be changed to ‘‘The
notice is hereby given that on October objectives of Section 6(b)(5) of the Act,8
Nasdaq Stock Market LLC’’.
18, 2017, NASDAQ BX, Inc. (‘‘BX’’ or in particular, in that it is designed to
• References to ‘‘NASDAQ PHLX promote just and equitable principles of
‘‘Exchange’’) filed with the Securities LLC’’ or ‘‘NASDAQ PHLX’’ will be
and Exchange Commission (‘‘SEC’’ or trade, to remove impediments to and
changed to ‘‘Nasdaq PHLX LLC’’ or perfect the mechanism of a free and
‘‘Commission’’) the proposed rule ‘‘Nasdaq PHLX’’.
change as described in Items I, II, and open market and a national market
• References to ‘‘The NASDAQ OMX system, and, in general to protect
III, below, which Items have been
Group, Inc.’’ or ‘‘NASDAQ OMX Group, investors and the public interest by
prepared by the Exchange. The
Inc.’’ will be changed to ‘‘Nasdaq, Inc.’’ 5 avoiding confusion with the name. The
Commission is publishing this notice to
solicit comments on the proposed rule • In addition to the preceding Exchange proposes to conform its name
change from interested persons. changes, all references to ‘‘OMX’’ will to that of its parent, Nasdaq Inc., by
be removed from the Rulebook.6 changing the capitalization in the word
I. Self-Regulatory Organization’s ‘‘NASDAQ’’ to ‘‘Nasdaq.’’ The Exchange
Statement of the Terms of Substance of 3 The Exchange proposes to amend: (i) The
also proposes to amend the names of
the Proposed Rule Change Certificate of Incorporation; (ii) Second Amended
asabaliauskas on DSKBBXCHB2PROD with NOTICES

affiliated markets in a similar manner,
Limited Liability Company Agreement; (iii) By-
The Exchange proposes to amend its Laws; and (iv) Rule Book. by changing the name ‘‘NASDAQ’’ to
rules as well as certain corporate 4 NASDAQ PHLX LLC and The NASDAQ Stock ‘‘Nasdaq.’’ The name change of the
documents of the Exchange to reflect Market LLC will also be filing similar rule changes. Exchange as well as other name changes
legal name changes. 5 See Securities Exchange Act Release No. 75421
to related entities are non-substantive
(July 10, 2015), 80 FR 42136 (July 16, 2015) (SR– changes. No changes to the ownership
BSECC–2015–001, SR–BX–2015–030, SR–
27 17 CFR 200.30–3(a)(12). NASDAQ–2015–058, SR–Phlx–2015–46, SR–SCCP–
1 15 U.S.C. 78s(b)(1). 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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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50469

or structure of the Exchange have taken All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2
place. Number SR–BX–2017–046. This file notice is hereby given that on October
number should be included on the 11, 2017, Nasdaq ISE, LLC (‘‘ISE’’ or
B. Self-Regulatory Organization’s
subject line if email is used. To help the ‘‘Exchange’’) filed with the Securities
Statement on Burden on Competition
Commission process and review your and Exchange Commission
The Exchange does not believe that comments more efficiently, please use (‘‘Commission’’) the proposed rule
the proposed rule change will impose only one method. The Commission will change as described in Items I and II
any burden on competition not post all comments on the Commission’s below, which Items have been prepared
necessary or appropriate in furtherance Internet Web site (http://www.sec.gov/ by the Exchange. The Commission is
of the purposes of the Act. The name rules/sro.shtml). Copies of the publishing this notice to solicit
change will align with the parent submission, all subsequent comments on the proposed rule change
company, Nasdaq, Inc. amendments, all written statements from interested persons.
C. Self-Regulatory Organization’s with respect to the proposed rule I. Self-Regulatory Organization’s
Statement on Comments on the change that are filed with the Statement of the Terms of Substance of
Proposed Rule Change Received From Commission, and all written the Proposed Rule Change
Members, Participants, or Others communications relating to the
proposed rule change between the The Exchange proposes to amend the
No written comments were either Commission and any person, other than Exchange’s provisions for excluding a
solicited or received. those that may be withheld from the day from its volume calculations for
public in accordance with the purposes of determining volume based
III. Date of Effectiveness of the pricing, and to adopt language that
Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be
available for Web site viewing and allows the Exchange to remove a day
Commission Action from Market Maker Plus tiers whenever
printing in the Commission’s Public
Pursuant to Section 19(b)(3)(A) of the Reference Room, 100 F Street NE., a day is removed from the Exchange’s
Act 9 and Rule 19b–4(f)(3) thereunder,10 Washington, DC 20549, on official volume calculations.
the Exchange has designated this The text of the proposed rule change
business days between the hours of
proposal as one that is concerned solely is available on the Exchange’s Web site
10:00 a.m. and 3:00 p.m. Copies of the
with the administration of the self- at www.ise.com, at the principal office
filing also will be available for
regulatory organization, and therefore of the Exchange, and at the
inspection and copying at the principal
has become effective. Commission’s Public Reference Room.
office of the Exchange. All comments
At any time within 60 days of the received will be posted without change. II. Self-Regulatory Organization’s
filing of the proposed rule change, the Persons submitting comments are Statement of the Purpose of, and
Commission summarily may cautioned that we do not redact or edit Statutory Basis for, the Proposed Rule
temporarily suspend such rule change if personal identifying information from Change
it appears to the Commission that such comment submissions. You should In its filing with the Commission, the
action is necessary or appropriate in the submit only information that you wish Exchange included statements
public interest, for the protection of to make available publicly. All concerning the purpose of and basis for
investors, or otherwise in furtherance of submissions should refer to File the proposed rule change and discussed
the purposes of the Act. If the Number SR–BX–2017–046 and should any comments it received on the
Commission takes such action, the be submitted on or before November 21, proposed rule change. The text of these
Commission shall institute proceedings 2017. statements may be examined at the
to determine whether the proposed rule
For the Commission, by the Division of places specified in Item IV below. The
should be approved or disapproved.
Trading and Markets, pursuant to delegated Exchange has prepared summaries, set
IV. Solicitation of Comments authority.11 forth in sections A, B, and C below, of
Interested persons are invited to Eduardo A. Aleman, the most significant aspects of such
submit written data, views, and Assistant Secretary. statements.
arguments concerning the foregoing, [FR Doc. 2017–23584 Filed 10–30–17; 8:45 am] A. Self-Regulatory Organization’s
including whether the proposed rule BILLING CODE 8011–01–P Statement of the Purpose of, and
change is consistent with the Act. Statutory Basis for, the Proposed Rule
Comments may be submitted by any of Change
the following methods: SECURITIES AND EXCHANGE
COMMISSION 1. Purpose
Electronic Comments The purpose of the proposed rule
[Release No. 34–81941; File No. SR–ISE–
• Use the Commission’s Internet 2017–93] change is to amend the Exchange’s
comment form (http://www.sec.gov/ provisions for excluding a day from its
rules/sro.shtml); or Self-Regulatory Organizations; Nasdaq volume calculations for purposes of
• Send an email to rule-comments@ ISE, LLC; Notice of Filing and determining volume based pricing, and
sec.gov. Please include File Number SR– Immediate Effectiveness of Proposed to adopt language that allows the
BX–2017–046 on the subject line. Rule Change To Amend Rules for Exchange to remove a day from Market
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Excluding Days From the Exchange’s Maker Plus tiers whenever a day is
Paper Comments removed from the Exchange’s volume
ADV and Market Maker Plus Tier
• Send paper comments in triplicate Calculations in the Schedule of Fees calculations.
to Brent J. Fields, Secretary, Securities To avoid penalizing members when
and Exchange Commission, 100 F Street October 25, 2017. aberrant low volume days result from
NE., Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the systems or other issues at the Exchange,
Securities Exchange Act of 1934
9 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1).
10 17 CFR 240.19b–4(f)(3). 11 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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Document Created: 2018-10-25 10:17:40
Document Modified: 2018-10-25 10:17:40

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 50468