82 FR 55459 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Introduce the Intellicator Analytic Tool

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 223 (November 21, 2017)

Page Range		55459-55460
FR Document		2017-25142

Federal Register, Volume 82 Issue 223 (Tuesday, November 21, 2017)

[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Pages 55459-55460]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25142]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82085; File No. SR-Phlx-2017-74]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of 
Designation of a Longer Period for Commission Action on Proposed Rule 
Change To Introduce the Intellicator Analytic Tool

November 15, 2017.
    On September 20, 2017, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission''), 
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to 
introduce the Intellicator Analytic Tool. The proposed rule change was 
published for comment in the Federal Register on October 4, 2017.\3\ 
The Commission has received one comment on the proposed rule change.\4\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81754 (Sept. 28, 
2017), 82 FR 46319 (Oct. 4, 2017).
    \4\ See Letter from Ellen Greene, Managing Director, Financial 
Services Operations, Securities Industry and Financial Markets 
Association, to Brent J. Fields, Secretary, Commission, dated 
November 8, 2017, available at https://www.sec.gov/comments/sr-phlx-2017-74/phlx201774-2676231-161460.pdf.

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[[Page 55460]]

    Section 19(b)(2) of the Act \5\ provides that, within 45 days of 
the publication of notice of the filing of a proposed rule change, or 
within such longer period up to 90 days as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or as to which the self-regulatory organization 
consents, the Commission shall either approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether the proposed rule change should be disapproved. The 
45th day after publication of the notice for this proposed rule change 
is November 18, 2017. The Commission is extending this 45-day time 
period.
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    \5\ 15 U.S.C. 78s(b)(2).
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    The Commission finds that it is appropriate to designate a longer 
period within which to take action on the proposed rule change so that 
it has sufficient time to consider the proposed rule change and comment 
received. Accordingly, the Commission, pursuant to Section 19(b)(2) of 
the Act,\6\ designates January 2, 2018 as the date by which the 
Commission shall either approve or disapprove or institute proceedings 
to determine whether to disapprove the proposed rule change (File 
Number SR-Phlx-2017-74).
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    \6\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25142 Filed 11-20-17; 8:45 am]
 BILLING CODE 8011-01-P

Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices 55459

investors and the public interest effective pursuant to Section 19(b)(3)(A) those that may be withheld from the
because it would ensure that the ICE of the Act and Rule 19b–4(f)(6) public in accordance with the
Certificate filed with the Commission thereunder.42 provisions of 5 U.S.C. 552, will be
conforms to the text approved by the At any time within 60 days of the available for Web site viewing and
ICE shareholders at the ICE annual filing of such proposed rule change, the printing in the Commission’s Public
meeting. Commission summarily may Reference Room, 100 F Street NE.,
temporarily suspend such rule change if Washington, DC 20549, on official
B. Self-Regulatory Organization’s
it appears to the Commission that such business days between the hours of
Statement on Burden on Competition
action is necessary or appropriate in the 10:00 a.m. and 3:00 p.m. Copies of the
The Exchange does not believe that public interest, for the protection of filing also will be available for
the proposed rule change will impose investors, or otherwise in furtherance of inspection and copying at the principal
any burden on competition that is not the purposes of the Act. If the office of the Exchange. All comments
necessary or appropriate in furtherance Commission takes such action, the received will be posted without change.
of the purposes of the Exchange Act. Commission shall institute proceedings Persons submitting comments are
The proposed rule change is not under Section 19(b)(2)(B) 43 of the Act to cautioned that we do not redact or edit
designed to address any competitive determine whether the proposed rule personal identifying information from
issue but rather update and streamline change should be approved or comment submissions. You should
the Intermediate Holding Company disapproved. submit only information that you wish
governing documents to make them to make available publicly. All
more consistent with the governing IV. Solicitation of Comments
submissions should refer to File
documents of ICE, their ultimate parent, Interested persons are invited to Number SR–NYSEARCA–2017–125 and
including by (a) streamlining references submit written data, views, and should be submitted on or before
to ICE subsidiaries that either are or arguments concerning the foregoing, December 12, 2017.
control national securities exchanges including whether the proposed rule For the Commission, by the Division of
and deleting references to other ICE change is consistent with the Act. Trading and Markets, pursuant to delegated
subsidiaries; and (b) amending the Comments may be submitted by any of authority.44
provisions regarding limitations on the following methods: Eduardo A. Aleman,
claims, voting and ownership Assistant Secretary.
Electronic Comments
concentration limitations, and
[FR Doc. 2017–25140 Filed 11–20–17; 8:45 am]
confidential information. • Use the Commission’s Internet
BILLING CODE 8011–01–P
The Exchange believes that the comment form (http://www.sec.gov/
proposed rule change will serve to rules/sro.shtml); or
promote clarity and consistency, • Send an email to rule-comments@
SECURITIES AND EXCHANGE
thereby reducing burdens on the sec.gov. Please include File Number SR–
COMMISSION
marketplace and facilitating investor NYSEARCA–2017–125 on the subject
protection. The proposed rule change line. [Release No. 34–82085; File No. SR–Phlx–
would result in no concentration or 2017–74]
Paper Comments
other changes of ownership of
exchanges. • Send paper comments in triplicate Self-Regulatory Organizations; Nasdaq
to Secretary, Securities and Exchange PHLX LLC; Notice of Designation of a
C. Self-Regulatory Organization’s Commission, 100 F Street NE., Longer Period for Commission Action
Statement on Comments on the Washington, DC 20549–1090. on Proposed Rule Change To
Proposed Rule Change Received From Introduce the Intellicator Analytic Tool
All submissions should refer to File
Members, Participants, or Others
Number SR–NYSEARCA–2017–125. November 15, 2017.
No written comments were solicited This file number should be included on On September 20, 2017, Nasdaq PHLX
or received with respect to the proposed the subject line if email is used. To help LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed with
rule change. the Commission process and review the Securities and Exchange
III. Date of Effectiveness of the your comments more efficiently, please Commission (‘‘Commission’’), pursuant
Proposed Rule Change and Timing for use only one method. The Commission to Section 19(b)(1) of the Securities
Commission Action will post all comments on the Exchange Act of 1934 (‘‘Act’’) 1 and Rule
Commission’s Internet Web site (http:// 19b–4 thereunder,2 a proposed rule
The Exchange has filed the proposed www.sec.gov/rules/sro.shtml). Copies of
rule change pursuant to Section change to introduce the Intellicator
the submission, all subsequent Analytic Tool. The proposed rule
19(b)(3)(A)(iii) of the Act 40 and Rule amendments, all written statements change was published for comment in
19b4(f)–(6) thereunder.41 Because the with respect to the proposed rule the Federal Register on October 4,
proposed rule change does not: (i) change that are filed with the 2017.3 The Commission has received
Significantly affect the protection of Commission, and all written
investors or the public interest; (ii) one comment on the proposed rule
communications relating to the change.4
impose any significant burden on proposed rule change between the
competition; and (iii) become operative Commission and any person, other than 44 17 CFR 200.30–3(a)(12).
asabaliauskas on DSKBBXCHB2PROD with NOTICES

prior to 30 days from the date on which 1 15 U.S.C. 78s(b)(1).
it was filed, or such shorter time as the 42 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 2 17 CFR 240.19b–4.

Commission may designate, if 4(f)(6) requires a self-regulatory organization to give 3 See Securities Exchange Act Release No. 81754

consistent with the protection of the Commission written notice of its intent to file (Sept. 28, 2017), 82 FR 46319 (Oct. 4, 2017).
investors and the public interest, the the proposed rule change at least five business days 4 See Letter from Ellen Greene, Managing
prior to the date of filing of the proposed rule Director, Financial Services Operations, Securities
proposed rule change has become change, or such shorter time as designated by the Industry and Financial Markets Association, to
Commission. The Exchange has satisfied this Brent J. Fields, Secretary, Commission, dated
40 15 U.S.C. 78s(b)(3)(A)(iii). requirement. November 8, 2017, available at https://
41 17 CFR 240.19b–4(f)(6). 43 15 U.S.C. 78s(b)(2)(B). Continued

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55460 Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices

Section 19(b)(2) of the Act 5 provides ‘‘Act’’ or ‘‘Exchange Act’’) 2 and Rule A. Self-Regulatory Organization’s
that, within 45 days of the publication 19b–4 thereunder,3 notice is hereby Statement of the Purpose of, and the
of notice of the filing of a proposed rule given that on November 3, 2017, NYSE Statutory Basis for, the Proposed Rule
change, or within such longer period up National, Inc. (the ‘‘Exchange’’ or Change
to 90 days as the Commission may ‘‘NYSE National’’) filed with the 1. Purpose
designate if it finds such longer period Securities and Exchange Commission
to be appropriate and publishes its (the ‘‘Commission’’) the proposed rule The Exchange proposes to amend the
reasons for so finding or as to which the change as described in Items I and II governing documents of its intermediate
self-regulatory organization consents, below, which Items have been prepared parent companies ICE Holdings, NYSE
the Commission shall either approve the by the self-regulatory organization. The Holdings, and NYSE Group (together,
proposed rule change, disapprove the the ‘‘Intermediate Holding Companies’’)
Commission is publishing this notice to
proposed rule change, or institute to make them more consistent with the
solicit comments on the proposed rule
proceedings to determine whether the ICE governing documents, including by
change from interested persons. (a) streamlining references to ICE
proposed rule change should be
disapproved. The 45th day after I. Self-Regulatory Organization’s subsidiaries that either are or control
publication of the notice for this Statement of the Terms of Substance of national securities exchanges and
proposed rule change is November 18, the Proposed Rule Change deleting references to other ICE
2017. The Commission is extending this subsidiaries; and (b) amending the
45-day time period. The Exchange proposes to to [sic] provisions regarding limitations on
The Commission finds that it is amend the governing documents of its claims, voting and ownership
appropriate to designate a longer period intermediate parent companies concentration limitations, and
within which to take action on the Intercontinental Exchange Holdings, confidential information. In addition,
proposed rule change so that it has Inc. (‘‘ICE Holdings’’), NYSE Holdings the Exchange proposes to make a non-
sufficient time to consider the proposed LLC (‘‘NYSE Holdings’’), and NYSE substantive change to the ICE certificate
rule change and comment received. Group, Inc. (‘‘NYSE Group’’) to make of incorporation.
Accordingly, the Commission, pursuant them more consistent with the More specifically, the Exchange
to Section 19(b)(2) of the Act,6 governing documents of their ultimate proposes to amend the following
designates January 2, 2018 as the date parent Intercontinental Exchange, Inc. documents (collectively, the ‘‘Governing
by which the Commission shall either (‘‘ICE’’), including by (a) streamlining Documents’’):
approve or disapprove or institute references to ICE subsidiaries that either • Eighth Amended and Restated
proceedings to determine whether to are or control national securities Certificate of Incorporation of ICE
disapprove the proposed rule change Holdings (‘‘ICE Holdings Certificate’’)
exchanges and deleting references to
(File Number SR–Phlx–2017–74). and Fifth Amended and Restated
other ICE subsidiaries; and (b) amending
For the Commission, by the Division of Bylaws of ICE Holdings (‘‘ICE Holdings
the provisions regarding limitations on Bylaws’’);
Trading and Markets, pursuant to delegated
authority.7
claims, voting and ownership • Eighth Amended and Restated
concentration limitations, and Limited Liability Company Agreement
Eduardo A. Aleman,
confidential information. In addition, of NYSE Holdings (‘‘NYSE Holdings
Assistant Secretary.
the Exchange proposes to make a non- Operating Agreement’’); and
[FR Doc. 2017–25142 Filed 11–20–17; 8:45 am]
substantive change to the ICE certificate • Fifth Amended and Restated
BILLING CODE 8011–01–P
of incorporation. The proposed rule Certificate of Incorporation of NYSE
change is available on the Exchange’s Group (‘‘NYSE Group Certificate’’) and
SECURITIES AND EXCHANGE Web site at www.nyse.com, at the Third Amended and Restated Bylaws of
COMMISSION principal office of the Exchange, and at NYSE Group (‘‘NYSE Group Bylaws’’).
the Commission’s Public Reference As discussed below, the proposed
[Release No. 34–82084; File No. SR– Room. changes to the Governing Documents
NYSENAT–2017–05]
would make the relevant provisions
II. Self-Regulatory Organization’s more consistent with the Fourth
Self-Regulatory Organizations; NYSE Statement of the Purpose of, and
National, Inc.; Notice of Filing and Amended and Restated Certificate of
Statutory Basis for, the Proposed Rule Incorporation of ICE (‘‘ICE Certificate’’)
Immediate Effectiveness of Proposed Change
Rule Change To Amend the Governing and Eighth Amended and Restated
Documents of Its Intermediate Parent In its filing with the Commission, the Bylaws of ICE (‘‘ICE Bylaws’’).4
Companies Intercontinental Exchange ICE, the ultimate parent of the
self-regulatory organization included
Holdings, Inc., NYSE Holdings LLC and Exchange, owns 100% of the equity
statements concerning the purpose of,
NYSE Group, Inc. To Make Them More interest in ICE Holdings, which in turn
and basis for, the proposed rule change owns 100% of the equity interest in
Consistent With the Governing and discussed any comments it received
Documents of Their Ultimate Parent NYSE Holdings. NYSE Holdings owns
on the proposed rule change. The text 100% of the equity interest of NYSE
Intercontinental Exchange, Inc. of those statements may be examined at Group, which in turn directly owns
November 15, 2017. the places specified in Item IV below. 100% of the equity interest of the
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Pursuant to Section 19(b)(1) 1 of the The Exchange has prepared summaries, Exchange and its national securities
Securities Exchange Act of 1934 (the set forth in sections A, B, and C below, exchange affiliates, the New York Stock
of the most significant parts of such Exchange LLC (‘‘NYSE’’), NYSE Arca,
www.sec.gov/comments/sr-phlx-2017-74/ statements.
phlx201774-2676231-161460.pdf. 4 See Securities Exchange Act Release No. 80752
5 15 U.S.C. 78s(b)(2).
(May 24, 2017), 82 FR 25018 (May 31, 2017) (SR–
6 Id.
NYSE–2017–13; SR–NYSEArca–2017–29; SR–
7 17 CFR 200.30–3(a)(31). 2 15 U.S.C. 78a. NYSEMKT–2017–17; SR–NYSENAT–2017–01). ICE
1 15 U.S.C. 78s(b)(1). 3 17 CFR 240.19b–4. is a publicly traded company listed on the NYSE.

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Document Created: 2017-11-21 00:43:09
Document Modified: 2017-11-21 00:43:09

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 55459