10154 Federal Register / Vol. 84, No. 53 / Tuesday, March 19, 2019 / Notices

amendments, all written statements Commission is publishing this notice to On February 15, 2019, CHX changed with respect to the proposed rule solicit comments on the proposed rule its name to NYSE Chicago.5 In a non- change that are filed with the change from interested persons. substantive administrative change, the Commission, and all written Exchange proposes to update General I. Self-Regulatory Organization’s communications relating to the Note 4 related to co-location services 6 Statement of the Terms of Substance of proposed rule change between the as follows: the Proposed Rule Change Commission and any person, other than • Delete references to ‘‘Chicago those that may be withheld from the The Exchange proposes to amend its Exchange, Inc.’’ and ‘‘CHX’’ from the public in accordance with the Schedule of Fees and Rebates (the first paragraph of General Note 4, provisions of 5 U.S.C. 552, will be ‘‘Price List’’) related to co-location replacing them with references to available for website viewing and services to make a ministerial change to ‘‘NYSE Chicago, Inc.’’ and ‘‘NYSE printing in the Commission’s Public reflect the name change of its affiliate Chicago’’; and Reference Room, 100 F Street NE, Chicago , Inc. and to • In the table under Included Data Washington, DC 20549 on official correct a typographical error. The Products, delete ‘‘Chicago Stock business days between the hours of proposed change is available on the Exchange (CHX)’’ from the first line and 10:00 a.m. and 3:00 p.m. Copies of such Exchange’s website at www.nyse.com, at add a line for ‘‘NYSE Chicago’’ in filing also will be available for the principal office of the Exchange, and alphabetical order after NYSE Bonds. inspection and copying at the principal at the Commission’s Public Reference In addition, in the third sentence of office of the Exchange. All comments Room. the first paragraph under ‘‘Connectivity received will be posted without change. to Third Party Data Feeds,’’ the II. Self-Regulatory Organization’s Persons submitting comments are Exchange proposes to correct a Statement of the Purpose of, and cautioned that we do not redact or edit typographical error by replacing ‘‘Fees’’ Statutory Basis for, the Proposed Rule personal identifying information from with ‘‘Feeds.’’ comment submissions. You should Change submit only information that you wish In its filing with the Commission, the General to make available publicly. All self-regulatory organization included As is the case with all Exchange co- submissions should refer to File statements concerning the purpose of, location arrangements, (i) neither a User Number SR–NYSE–2019–11, and and basis for, the proposed rule change nor any of the User’s customers would should be submitted on or before April and discussed any comments it received be permitted to submit orders directly to 9, 2019. on the proposed rule change. The text the Exchange unless such User or For the Commission, by the Division of of those statements may be examined at customer is a member organization, a Trading and Markets, pursuant to delegated the places specified in Item IV below. Sponsored Participant or an agent authority.16 The Exchange has prepared summaries, thereof (e.g., a service bureau providing Eduardo A. Aleman, set forth in sections A, B, and C below, order entry services); (ii) use of the co- Deputy Secretary. of the most significant parts of such location services proposed herein would [FR Doc. 2019–05084 Filed 3–18–19; 8:45 am] statements. be completely voluntary and available to all Users on a non-discriminatory BILLING CODE 8011–01–P A. Self-Regulatory Organization’s basis; 7 and (iii) a User would only incur Statement of the Purpose of, and one charge for the particular co-location Statutory Basis for, the Proposed Rule service described herein, regardless of SECURITIES AND EXCHANGE Change COMMISSION whether the User connects only to the 1. Purpose Exchange or to the Exchange and one or [Release No. 34–85305; File No. SR– more of the Affiliate SROs.8 NYSENAT–2019–05] The Exchange proposes to amend the Price List related to co-location 4 Self-Regulatory Organizations; NYSE 5 See Securities Exchange Release No. 84494 services offered by the Exchange to (October 26, 2018), 83 FR 54953 (November 1, 2018) National, Inc.; Notice of Filing and make a ministerial change to reflect the (SR–CHX–2018–05). Immediate Effectiveness of Proposed name change of its affiliate Chicago 6 General Note 4 describes the access to trading Rule Change To Amend Its Schedule of Stock Exchange, Inc. (‘‘CHX’’) to NYSE and execution systems and the connectivity to Fees and Rebates Related to Co- Chicago, Inc. (‘‘NYSE Chicago’’) and to included data products which a User receives when Location Services it purchases access to the Liquidity Center Network correct a typographical error. (‘‘LCN’’) or internet protocol (‘‘IP’’) network, local March 13, 2019. area networks available in the data center. See 83 4 FR 26314, supra note 3, at 26316. Pursuant to Section 19(b)(1) 1 of the The Exchange initially filed rule changes relating to its co-location services with the 7 As is currently the case, Users that receive co- Securities Exchange Act of 1934 (the Securities and Exchange Commission location services from the Exchange will not receive ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 (‘‘Commission’’) on May 18, 2018. See Securities any means of access to the Exchange’s trading and notice is hereby given that, on March 1, Exchange Act Release No. 83351 (May 31, 2018), 83 execution systems that is separate from, or superior 2019, NYSE National, Inc. (‘‘NYSE FR 26314 (June 6, 2018) (SR–NYSENAT–2018–07). to, that of other Users. In this regard, all orders sent The Exchange operates a data center in Mahwah, to the Exchange enter the Exchange’s trading and National’’ or the ‘‘Exchange’’) filed with New Jersey (the ‘‘data center’’) from which it execution systems through the same order gateway, the Securities and Exchange provides co-location services to Users. For purposes regardless of whether the sender is co-located in the Commission (the ‘‘Commission’’) the of the Exchange’s co-location services, a ‘‘User’’ data center or not. In addition, co-located Users do proposed rule change as described in means any participant that requests to not receive any market data or data service product receive co-location services directly from the that is not available to all Users, although Users that Items I, II, and III below, which Items Exchange. See id. at note 9. As specified in the Price receive co-location services normally would expect have been prepared by the self- List, a User that incurs co-location fees for a reduced latencies, as compared to Users that are not regulatory organization. The particular co-location service pursuant thereto co-located, in sending orders to, and receiving would not be subject to co-location fees for the market data from, the Exchange. same co-location service charged by the Exchange’s 8 See id. at 26315. NYSE, NYSE American, and 16 17 CFR 200.30–3(a)(12). affiliates the (‘‘NYSE’’), NYSE Arca have submitted substantially the same 1 15 U.S.C.78s(b)(1). NYSE American LLC (‘‘NYSE American’’), and proposed rule change to propose the changes 2 15 U.S.C. 78a. NYSE Arca, Inc. (‘‘NYSE Arca’’ and together, the described herein. See SR–NYSE–2019–11, SR– 3 17 CFR 240.19b–4. ‘‘Affiliate SROs’’). See id. at note 11. NYSEAmer–2019–02, and SR–NYSEArca–2019–11.

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The proposed change is not otherwise and a national market system and, in III. Date of Effectiveness of the intended to address any other issues general, protect and the public Proposed Rule Change and Timing for relating to co-location services and/or interest by ensuring that market Commission Action related fees, and the Exchange is not participants can more easily navigate, The proposed rule change has become aware of any problems that Users would understand and comply with the Price effective pursuant to Section 19(b)(3)(A) have in complying with the proposed List. The Exchange believes that, by of the Act 13 and Rule 19b–4(f)(3) 14 change. ensuring that such document accurately thereunder in that the proposed rule 2. Statutory Basis reflects the name change of its affiliate change is concerned solely with the NYSE Chicago, the proposed change administration of the Exchange. The Exchange believes that the would reduce potential or At any time within 60 days of the proposed rule change is consistent with market participant confusion by filing of the proposed rule change, the Section 6(b) of the Act,9 in general, and providing market participants with 10 Commission summarily may suspend with Section 6(b)(1) in particular, in clarity as to what connectivity is such rule change if it appears to the that it enables the Exchange to be so included in the purchase of access to Commission that such action is organized as to have the capacity to be the LCN and IP network. necessary or appropriate in the public able to carry out the purposes of the Similarly, correcting the interest, for the protection of investors, Exchange Act and to comply, and to typographical error in the third sentence or otherwise in furtherance of the enforce compliance by its exchange of the first paragraph under purposes of the Act. If the Commission members and persons associated with ‘‘Connectivity to Third Party Data takes such action, the Commission shall its exchange members, with the Feeds’’ would remove impediments to, institute proceedings under Section provisions of the Exchange Act, the and perfect the mechanisms of, a free 19(b)(2)(B) 15 of the Act to determine rules and regulations thereunder, and and open market and a national market whether the proposed rule change the rules of the Exchange. should be approved or disapproved. The proposed rule change is a non- system and, in general, protect investors substantive change and does not impact and the public interest because the IV. Solicitation of Comments change would clarify Exchange rules the governance or ownership of the Interested persons are invited to Exchange. The Exchange believes that and alleviate any possible market participant confusion. submit written data, views, and the proposed rule change would enable arguments concerning the foregoing, the Exchange to continue to be so For the reasons above, the proposed including whether the proposed rule organized as to have the capacity to changes do not unfairly discriminate change is consistent with the Act. carry out the purposes of the Exchange between or among market participants Comments may be submitted by any of Act and comply and enforce compliance that are otherwise capable of satisfying the following methods: with the provisions of the Exchange Act any applicable co-location fees, by its members and persons associated requirements, terms and conditions Electronic Comments with its members, because ensuring that established from time to time by the • Use the Commission’s internet the Price List accurately reflects the Exchange. comment form (http://www.sec.gov/ name change of its affiliate NYSE For these reasons, the Exchange rules/sro.shtml); or Chicago and correcting a typographical believes that the proposal is consistent • Send an email to rule-comments@ error would contribute to the orderly with the Act. sec.gov. Please include File Number SR– operation of the Exchange by adding NYSENAT–2019–05 on the subject line. B. Self-Regulatory Organization’s clarity and transparency to such Statement on Burden on Competition Paper Comments document. • The Exchange also believes that the In accordance with Section 6(b)(8) of Send paper comments in triplicate to Secretary, Securities and Exchange proposed change furthers the objectives the Act,12 the Exchange believes that the 11 Commission, 100 F Street NE, of Section 6(b)(5) of the Act because proposed rule change will not impose Washington, DC 20549–1090. it is designed to prevent fraudulent and any burden on competition that is not manipulative acts and practices, to necessary or appropriate in furtherance All submissions should refer to File promote just and equitable principles of of the purposes of the Act because it is Number SR–NYSENAT–2019–05. This trade, to foster cooperation and ministerial in nature and is not designed file number should be included on the coordination with persons engaged in to have any competitive impact, but subject line if email is used. To help the regulating, clearing, settling, processing rather to update references and correct Commission process and review your information with respect to, and a typographical error, thereby clarifying comments more efficiently, please use facilitating transactions in securities, to the Price List and alleviating any only one method. The Commission will remove impediments to, and perfect the possible market participant confusion. post all comments on the Commission’s mechanisms of, a free and open market internet website (http://www.sec.gov/ For the reasons described above, the and a national market system and, in rules/sro.shtml). Copies of the Exchange believes that the proposed general, to protect investors and the submission, all subsequent rule change reflects this competitive public interest and because it is not amendments, all written statements environment. designed to permit unfair with respect to the proposed rule discrimination between customers, C. Self-Regulatory Organization’s change that are filed with the issuers, brokers, or dealers. Statement on Comments on the Commission, and all written The Exchange believes that the Proposed Rule Change Received From communications relating to the proposed change would remove Members, Participants, or Others proposed rule change between the impediments to, and perfect the Commission and any person, other than mechanisms of, a free and open market No written comments were solicited those that may be withheld from the or received with respect to the proposed 9 15 U.S.C. 78f(b). rule change. 13 15 U.S.C. 78s(b)(3)(A). 10 15 U.S.C. 78f(b)(1). 14 17 CFR 240.19b–4(f)(3). 11 15 U.S.C. 78f(b)(5). 12 15 U.S.C. 78f(b)(8). 15 15 U.S.C. 78s(b)(2)(B).

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public in accordance with the personally or by mail. Hearing requests activities; pursue potential strategic provisions of 5 U.S.C. 552, will be should be received by the Commission acquisitions, including acquisition of available for website viewing and by 5:30 p.m. on April 5, 2019 and businesses, new technologies, services printing in the Commission’s Public should be accompanied by proof of and other assets and strategic Reference Room, 100 F Street NE, service on Applicant, in the form of an investments that complement its Washington, DC 20549 on official affidavit or, for lawyers, a certificate of business; and to retain sufficient business days between the hours of service. Hearing requests should state insurance reserves. 10:00 a.m. and 3:00 p.m. Copies of such the nature of the writer’s interest, the 3. Applicant states that it seeks to filing also will be available for reason for the request, and the issues preserve its capital and maintain inspection and copying at the principal contested. Persons who wish to be liquidity, pending the use of such office of the Exchange. All comments notified of a hearing may request capital to support its business received will be posted without change. notification by writing to the operations, by investing in -term Persons submitting comments are Commission’s Secretary. investment grade and liquid fixed cautioned that we do not redact or edit ADDRESSES: Secretary, Securities and income and money market instruments personal identifying information from Exchange Commission, 100 F Street NE, that earn competitive market returns comment submissions. You should Washington, DC 20549–1090. and provide a low level of credit risk submit only information that you wish Applicant, 185 Berry Street, Suite 5000, (‘‘Capital Preservation Investments’’). to make available publicly. All San Francisco, California 94107. Applicant states that it does not invest submissions should refer to File FOR FURTHER INFORMATION CONTACT: in securities for short-term speculative Number SR–NYSENAT–2019–05, and Rochelle Kauffman Plesset, Senior purposes. should be submitted on or before April Counsel, or David J. Marcinkus, Branch Applicant’s Legal Analysis 9, 2019. Chief, at (202) 551–6825, (Division of 1. Applicant seeks an order under Investment Management, Chief For the Commission, by the Division of Section 3(b)(2) of the Act declaring that Trading and Markets, pursuant to delegated Counsel’s Office). 16 it is primarily engaged in a business authority. SUPPLEMENTARY INFORMATION: The other than that of investing, reinvesting, Eduardo A. Aleman, following is a summary of the owning, holding, or trading in securities Deputy Secretary. application. The complete application and therefore is not an investment [FR Doc. 2019–05089 Filed 3–18–19; 8:45 am] may be obtained via the Commission’s company as defined in the Act. BILLING CODE 8011–01–P website by searching for the file 2. Section 3(a)(l)(A) of the Act defines number, or applicant using the the term ‘‘investment company’’ to Company name box, at http:// include an issuer that is or holds itself SECURITIES AND EXCHANGE www.sec.gov/search/search.htm or by out as being engaged primarily, or COMMISSION calling (202) 551–8090. proposes to engage primarily, in the [Investment Company Act Release No. Applicant’s Representations business of investing, reinvesting or 33399; File No. 812–15009] trading in securities. Section 3(a)(l)(C) of 1. Applicant is a Delaware the Act further defines an investment Lyft, Inc. corporation that, directly and through company as an issuer that is engaged or its wholly-owned subsidiaries, is in the proposes to engage in the business of March 14, 2019. business of operating a multimodal investing, reinvesting, owning, holding AGENCY: Securities and Exchange transportation network that offers access or trading in securities, and owns or Commission (‘‘Commission’’). to a variety of transportation options. proposes to acquire investment ACTION: Notice. Applicant states that its primary securities having a value in excess of business is facilitating peer-to-peer 40% of the value of the issuer’s total Notice of application for an order ridesharing by connecting drivers who assets (exclusive of Government under Section 3(b)(2) of the Investment have a car with passengers who need a securities and cash items) on an Company Act of 1940 (‘‘Act’’). ride as a transportation network unconsolidated basis. Section 3(a)(2) of 1 APPLICANT: Lyft, Inc. (‘‘Lyft’’). company (‘‘TNC’’). Applicant states the Act defines ‘‘investment securities’’ SUMMARY OF APPLICATION: Applicant that its operations also include to include all securities except seeks an order under Section 3(b)(2) of providing a network of shared bikes and Government securities, securities issued the Act declaring it to be primarily scooters, offering integrated third-party by employees’ securities companies, engaged in a business other than that of public transit data that provides a robust and securities issued by majority-owned investing, reinvesting, owning, holding view of transportation options, and subsidiaries of the owner which (a) are or trading in securities. Applicant states providing access to autonomous not investment companies and (b) are that it is primarily engaged in the vehicles. not relying on the exclusions from the business of operating a multimodal 2. Applicant states that its business definition of investment company in transportation network that offers access operations necessitate the Applicant to Section 3(c)(1) or Section 3(c)(7) of the to a variety of transportation options. maintain a substantial cash . Act. FILING DATES: The application was filed Applicant states that the TNC industry 3. Applicant states that it does not on March 13, 2019. is a cash intensive industry that requires hold itself out as being engaged HEARING OR NOTIFICATION OF HEARING: An it to have readily available capital for primarily in the business of investing, order granting the requested declaration ongoing operations and expenditures. reinvesting or trading in securities. will be issued unless the Commission Applicant also states that it needs to Applicant states, however, that it orders a hearing. Interested persons may maintain substantial liquid capital to maintains a significant amount of request a hearing by writing to the fund research and development intangible assets, such as internally- Commission’s Secretary and serving generated intellectual property and its 1 Applicant states that its wholly-owned applicant with a copy of the request, subsidiary, a captive insurance company that is established user base that may not registered in Hawaii, reinsures auto-related risk appear on its balance sheet. In addition, 16 17 CFR 200.30–3(a)(12). from third-party insurance providers. Applicant states that it is likely to invest

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