82_FR_51121 82 FR 50910 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to an Optional Kill Switch Protection

82 FR 50910 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to an Optional Kill Switch Protection

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 211 (November 2, 2017)

Page Range50910-50912
FR Document2017-23832

Federal Register, Volume 82 Issue 211 (Thursday, November 2, 2017)
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50910-50912]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23832]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81970; File No. SR-GEMX-2017-50]


Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Relating to an 
Optional Kill Switch Protection

October 27, 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 GEMX, LLC (``GEMX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to memorialize an optional Kill Switch 
protection.\3\ The Kill Switch allows Members to cancel open orders and 
prevent new order submission.
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    \3\ Today, this feature is offered to Members. GEMX transitioned 
from its legacy trading system to INET, the current technology, in 
2017. While GEMX offered this feature on its legacy system, the 
feature was not codified in the GEMX Rulebook. At this time, the 
Exchange is codifying the Kill Switch feature to reflect the 
functionality.
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    The text of the proposed rule change is available on the Exchange's 
Web site at www.ise.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.

[[Page 50911]]

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to memorialize its Kill Switch risk 
protection which is applicable to all Members at GEMX Rule 711(d). The 
Kill Switch allows Members to cancel open orders and prevent new order 
submission. This feature provides Members with a powerful risk 
management tool for immediate control of their order activity.
    The Kill Switch is an optional tool that enables Members to 
initiate a message(s) \4\ [sic] to the trading system (``System'') to 
promptly cancel orders and restrict entry of new orders until re-entry 
has been enabled. Members may submit a request to the System to cancel 
orders for that Member. Members may not remove orders by symbol using 
the Kill Switch. The System will send an automated message to the 
Member when a Kill Switch request has been processed by the Exchange's 
System.\5\
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    \4\ Members are able to send a message to the Exchange to 
initiate the Kill Switch or they may contact the Exchange directly. 
A message to remove orders may be sent through FIX, OTTO or Precise.
    \5\ Opening Sweep Orders will also be cancelled. Consistent with 
current auction functionality, PIM auction orders and responses will 
not be cancelled. See GEMX Rule 723. Other auctions orders and 
responses would cancel. Quotes are unaffected.
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    The Member must send a message to the Exchange to request the 
cancellation of all orders for the Member. The Member is unable to 
enter additional orders until re-entry has been enabled pursuant to 
subsection (d)(2) of Rule 711.
    Proposed subsection (d)(2) stipulates that after orders are 
cancelled by the Member utilizing the Kill Switch, the Member is unable 
to enter additional orders until the Member has made a request to the 
Exchange and Exchange staff has set a re-entry indicator to enable re-
entry.\6\ Once enabled for re-entry, the System will send a Re-entry 
Notification Message to the Member. The applicable Clearing Member for 
that Member also is notified of the re-entry into the System after 
orders are cancelled as a result of the Kill Switch, provided the 
Clearing Member has requested to receive such notification.
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    \6\ The Member must directly and verbally contact the Exchange 
to request the re-set.
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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 memorializing a risk protection available to Exchange Members. This 
risk feature promotes policy goals of the Commission which has 
encouraged execution venues, exchange and non-exchange alike, to offer 
risk protection tools and other mechanisms to decrease risk and 
increase stability. The Exchange believes that memorializing this 
feature will provide Members with specific information on cancelling 
orders.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The individual firm benefits of enhanced risk protections flow 
downstream to counter-parties both at the Exchange and at other options 
exchanges, thereby increasing systemic protections as well. This risk 
feature allows Members to enter orders without fear of inadvertent 
exposure to excessive risk, which in turn benefits investors through 
increased liquidity for the execution of their orders, thereby 
protecting investors and the public interest. By memorializing the 
features in this rule change, Members are aware of the impact of 
utilizing this risk tool.
    This optional risk tool as noted above is offered to all Members. 
The Exchange further represents that its proposal operates consistently 
with the firm quote obligations of a broker-dealer pursuant to Rule 602 
of Regulation NMS and that the functionality is not mandatory. 
Specifically, any interest that is executable against a Member's orders 
that are received \9\ by the Exchange, prior to the time the Kill 
Switch is processed by the System, will automatically execute at the 
price up to the Member's size prior to the removal of orders from the 
System as a result of the Kill Switch. The Kill Switch message is 
accepted by the System in the order of receipt in the queue and is 
processed in that order so that interest that is already accepted into 
the System is processed prior to the Kill Switch message.
---------------------------------------------------------------------------

    \9\ The time of receipt for an order is the time such message is 
processed by the Exchange Order Book.
---------------------------------------------------------------------------

    With respect to providing information regarding the cancellation of 
orders as a result of the Kill Switch to the Clearing Member, each 
Member that transacts through a Clearing Member on the Exchange accepts 
financial responsibility for all Exchange transactions made by the 
Member on whose behalf the Clearing Member agrees to clear.\10\ The 
Exchange believes that because Clearing Members guarantee all 
transactions on behalf of a Member, and therefore bear the risk 
associated with those transactions, it is appropriate for Clearing 
Members to have knowledge of the utilization by the Member of the Kill 
Switch, should the Clearing Member request such notification.
---------------------------------------------------------------------------

    \10\ See GEMX Rule 808(b).
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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 proposal does not impose an 
undue burden on intra-market competition because all Members may avail 
themselves of the Kill Switch. The Kill Switch functionality is 
optional. The proposed rule change protects Members in the event the 
Member is suffering from a systems issue or from the occurrence of 
unusual or unexpected market activity that would require them to 
withdraw from the market in order to protect investors. Utilizing this 
Kill Switch will permit the Member to protect itself from inadvertent 
exposure to excessive risk. Reducing such risk will enable Members to 
enter orders without fear of inadvertent exposure to excessive risk, 
which in turn will benefit investors through increased liquidity for 
the execution of their orders. Such increased liquidity benefits 
investors because they receive better prices and because it lowers 
volatility in the options market. For these reasons, the Exchange does 
not believe this proposal imposes an undue burden on inter-market 
competition because other exchanges offer the same functionality, which 
is being memorialized herein.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has

[[Page 50912]]

become effective pursuant to Section 19(b)(3)(A)(iii) of the Act \11\ 
and subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative before 30 days from the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay. The Commission believes that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest 
because the proposal is similar to the rules of other options exchanges 
and the Exchange's proposal does not raise any new or novel issues. 
Therefore, the Commission hereby waives the 30-day operative delay and 
designates the proposed rule change to be operative upon filing with 
the Commission.\14\
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    \14\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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 [email protected]. Please include 
File Number SR-GEMX-2017-50 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-GEMX-2017-50. 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-GEMX-2017-50, and should be 
submitted on or before November 24, 2017.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23832 Filed 11-1-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    50910                      Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices

                                                    Legg Mason Tax Free Income Fund                         declaring that it has ceased to be an                 SECURITIES AND EXCHANGE
                                                    [File No. 811–06223]                                    investment company. On June 24, 2016,                 COMMISSION
                                                       Summary: Applicant, an open-end                      applicant made a liquidating
                                                    investment company, seeks an order                      distribution to its shareholders, based               [Release No. 34–81970; File No. SR–GEMX–
                                                    declaring that it has ceased to be an                   on net asset value. Expenses of $38,791               2017–50]
                                                    investment company. The applicant has                   incurred in connection with the
                                                    transferred its assets to 1919 Maryland                 liquidation were paid by applicant’s                  Self-Regulatory Organizations; Nasdaq
                                                    Tax-Free Income Fund, a series of Trust                 investment adviser.                                   GEMX, LLC; Notice of Filing and
                                                    for Advised Portfolios and, on                             Filing Date: The application was filed             Immediate Effectiveness of Proposed
                                                    November 7, 2014, made a final                          on October 13, 2017.                                  Rule Change Relating to an Optional
                                                    distribution to its shareholders based on                                                                     Kill Switch Protection
                                                                                                               Applicant’s Address: c/o UBS Asset
                                                    net asset value. Expenses of $114,628
                                                                                                            Management (Americas) Inc., Attn:                     October 27, 2017.
                                                    incurred in connection with the
                                                                                                            Keith A. Weller, 1285 Avenue of the                      Pursuant to Section 19(b)(1) of the
                                                    reorganization were paid by applicant’s
                                                    investment adviser, the acquiring fund’s                Americas, 12th Floor, New York, NY                    Securities Exchange Act of 1934
                                                    investment adviser, or their respective                 10019–6028.                                           (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    affiliates.                                             UBS RMA Money Fund Inc.                               notice is hereby given that on October
                                                       Filing Date: The application was filed                                                                     18, 2017, Nasdaq GEMX, LLC (‘‘GEMX’’
                                                    on October 6, 2017.                                     [File No. 811–03503]                                  or ‘‘Exchange’’) filed with the Securities
                                                       Applicant’s Address: 100                                Summary: Applicant, an open-end                    and Exchange Commission (‘‘SEC’’ or
                                                    International Drive, 7th Floor,                         investment company, seeks an order                    ‘‘Commission’’) the proposed rule
                                                    Baltimore, MD 21202.                                    declaring that it has ceased to be an                 change as described in Items I and II
                                                    BlackRock Defined Opportunity Credit                    investment company. On June 24, 2016,                 below, which Items have been prepared
                                                    Trust                                                   applicant made a liquidating                          by the Exchange. The Commission is
                                                                                                            distribution to its shareholders, based               publishing this notice to solicit
                                                    [File No. 811–22126]                                                                                          comments on the proposed rule change
                                                                                                            on net asset value. Expenses of $108,867
                                                       Summary: Applicant, a closed-end                                                                           from interested persons.
                                                    investment company, seeks an order                      incurred in connection with the
                                                    declaring that it has ceased to be an                   liquidation were paid by applicant’s                  I. Self-Regulatory Organization’s
                                                    investment company. On August 18,                       investment adviser.                                   Statement of the Terms of the Substance
                                                    2017, applicant made a final                               Filing Date: The application was filed             of the Proposed Rule Change
                                                    distribution to its shareholders, based                 on October 13, 2017.                                     The Exchange proposes to
                                                    on net asset value. Applicant’s                            Applicant’s Address: c/o UBS Asset                 memorialize an optional Kill Switch
                                                    remaining assets were transferred to a                  Management (Americas) Inc., Attn:                     protection.3 The Kill Switch allows
                                                    liquidating trust in which shareholders                 Keith A. Weller, 1285 Avenue of the                   Members to cancel open orders and
                                                    have a pro rata beneficial interests.                   Americas, 12th Floor, New York, NY                    prevent new order submission.
                                                    Expenses of $61,860 incurred in
                                                                                                            10019–6028.                                              The text of the proposed rule change
                                                    connection with the liquidation were
                                                    paid by applicant.                                      UBS RMA Tax Free Fund Inc.                            is available on the Exchange’s Web site
                                                       Filing Date: The application was filed                                                                     at www.ise.com, at the principal office
                                                    on August 22, 2017.                                     [File No. 811–03504]                                  of the Exchange, and at the
                                                       Applicant’s Address: 100 Bellevue                       Summary: Applicant, an open-end                    Commission’s Public Reference Room.
                                                    Parkway, Wilmington, DE 19809.                          investment company, seeks an order                    II. Self-Regulatory Organization’s
                                                    The Motley Fool Funds Trust                             declaring that it has ceased to be an                 Statement of the Purpose of, and
                                                                                                            investment company. On June 24, 2016,                 Statutory Basis for, the Proposed Rule
                                                    [File No. 811–22264]
                                                                                                            applicant made a liquidating                          Change
                                                       Summary: Applicant, an open-end                      distribution to its shareholders, based
                                                    investment company, seeks an order                      on net asset value. Expenses of $51,286                 In its filing with the Commission, the
                                                    declaring that it has ceased to be an                                                                         Exchange included statements
                                                                                                            incurred in connection with the
                                                    investment company. The applicant has                                                                         concerning the purpose of and basis for
                                                                                                            liquidation were paid by applicant’s
                                                    transferred its assets to corresponding                                                                       the proposed rule change and discussed
                                                                                                            investment adviser.
                                                    series of RBB Fund, Inc. and, on                                                                              any comments it received on the
                                                    December 21, 2016, made a final                            Filing Date: The application was filed             proposed rule change. The text of these
                                                    distribution to its shareholders based on               on October 13, 2017.                                  statements may be examined at the
                                                    net asset value. Expenses of $427,902                      Applicant’s Address: c/o UBS Asset                 places specified in Item IV below. The
                                                    incurred in connection with the                         Management (Americas) Inc., Attn:                     Exchange has prepared summaries, set
                                                    reorganization were paid by applicant’s                 Keith A. Weller, 1285 Avenue of the                   forth in sections A, B, and C below, of
                                                    investment adviser.                                     Americas, 12th Floor, New York, NY                    the most significant aspects of such
                                                       Filing Dates: The application was                    10019–6028.                                           statements.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    filed on August 24, 2017 and amended
                                                    on October 10, 2017.                                      For the Commission, by the Division of                1 15 U.S.C. 78s(b)(1).
                                                       Applicant’s Address: 2000 Duke                       Investment Management, pursuant to                      2 17 CFR 240.19b–4.
                                                    Street, Suite 175, Alexandria, VA 22314.                delegated authority.                                     3 Today, this feature is offered to Members. GEMX

                                                                                                            Eduardo A. Aleman,                                    transitioned from its legacy trading system to INET,
                                                    UBS Managed Municipal Trust                                                                                   the current technology, in 2017. While GEMX
                                                                                                            Assistant Secretary.
                                                    [File No. 811–03946]                                                                                          offered this feature on its legacy system, the feature
                                                                                                            [FR Doc. 2017–23837 Filed 11–1–17; 8:45 am]           was not codified in the GEMX Rulebook. At this
                                                      Summary: Applicant, an open-end                                                                             time, the Exchange is codifying the Kill Switch
                                                                                                            BILLING CODE 8011–01–P
                                                    investment company, seeks an order                                                                            feature to reflect the functionality.



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                                                                               Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices                                            50911

                                                    A. Self-Regulatory Organization’s                       objectives of Section 6(b)(5) of the Act 8             whose behalf the Clearing Member
                                                    Statement of the Purpose of, and                        in particular, in that it is designed to               agrees to clear.10 The Exchange believes
                                                    Statutory Basis for, the Proposed Rule                  promote just and equitable principles of               that because Clearing Members
                                                    Change                                                  trade, to remove impediments to and                    guarantee all transactions on behalf of a
                                                                                                            perfect the mechanism of a free and                    Member, and therefore bear the risk
                                                    1. Purpose                                              open market and a national market                      associated with those transactions, it is
                                                       The Exchange proposes to                             system, and, in general to protect                     appropriate for Clearing Members to
                                                    memorialize its Kill Switch risk                        investors and the public interest, by                  have knowledge of the utilization by the
                                                    protection which is applicable to all                   memorializing a risk protection                        Member of the Kill Switch, should the
                                                    Members at GEMX Rule 711(d). The Kill                   available to Exchange Members. This                    Clearing Member request such
                                                    Switch allows Members to cancel open                    risk feature promotes policy goals of the              notification.
                                                    orders and prevent new order                            Commission which has encouraged
                                                                                                                                                                   B. Self-Regulatory Organization’s
                                                    submission. This feature provides                       execution venues, exchange and non-
                                                                                                                                                                   Statement on Burden on Competition
                                                    Members with a powerful risk                            exchange alike, to offer risk protection
                                                    management tool for immediate control                   tools and other mechanisms to decrease                    The Exchange does not believe that
                                                    of their order activity.                                risk and increase stability. The                       the proposed rule change will impose
                                                       The Kill Switch is an optional tool                  Exchange believes that memorializing                   any burden on competition not
                                                    that enables Members to initiate a                      this feature will provide Members with                 necessary or appropriate in furtherance
                                                    message(s) 4 [sic] to the trading system                specific information on cancelling                     of the purposes of the Act. The proposal
                                                    (‘‘System’’) to promptly cancel orders                  orders.                                                does not impose an undue burden on
                                                    and restrict entry of new orders until re-                 The individual firm benefits of                     intra-market competition because all
                                                    entry has been enabled. Members may                     enhanced risk protections flow                         Members may avail themselves of the
                                                    submit a request to the System to cancel                downstream to counter-parties both at                  Kill Switch. The Kill Switch
                                                    orders for that Member. Members may                     the Exchange and at other options                      functionality is optional. The proposed
                                                    not remove orders by symbol using the                   exchanges, thereby increasing systemic                 rule change protects Members in the
                                                    Kill Switch. The System will send an                    protections as well. This risk feature                 event the Member is suffering from a
                                                    automated message to the Member when                    allows Members to enter orders without                 systems issue or from the occurrence of
                                                    a Kill Switch request has been                          fear of inadvertent exposure to excessive              unusual or unexpected market activity
                                                    processed by the Exchange’s System.5                    risk, which in turn benefits investors                 that would require them to withdraw
                                                       The Member must send a message to                    through increased liquidity for the                    from the market in order to protect
                                                    the Exchange to request the cancellation                execution of their orders, thereby                     investors. Utilizing this Kill Switch will
                                                    of all orders for the Member. The                       protecting investors and the public                    permit the Member to protect itself from
                                                    Member is unable to enter additional                    interest. By memorializing the features                inadvertent exposure to excessive risk.
                                                    orders until re-entry has been enabled                  in this rule change, Members are aware                 Reducing such risk will enable Members
                                                    pursuant to subsection (d)(2) of Rule                   of the impact of utilizing this risk tool.             to enter orders without fear of
                                                    711.                                                       This optional risk tool as noted above              inadvertent exposure to excessive risk,
                                                       Proposed subsection (d)(2) stipulates                is offered to all Members. The Exchange                which in turn will benefit investors
                                                    that after orders are cancelled by the                  further represents that its proposal                   through increased liquidity for the
                                                    Member utilizing the Kill Switch, the                   operates consistently with the firm                    execution of their orders. Such
                                                    Member is unable to enter additional                    quote obligations of a broker-dealer                   increased liquidity benefits investors
                                                    orders until the Member has made a                      pursuant to Rule 602 of Regulation NMS                 because they receive better prices and
                                                    request to the Exchange and Exchange                    and that the functionality is not                      because it lowers volatility in the
                                                    staff has set a re-entry indicator to                   mandatory. Specifically, any interest                  options market. For these reasons, the
                                                    enable re-entry.6 Once enabled for re-                  that is executable against a Member’s                  Exchange does not believe this proposal
                                                    entry, the System will send a Re-entry                  orders that are received 9 by the                      imposes an undue burden on inter-
                                                    Notification Message to the Member.                     Exchange, prior to the time the Kill                   market competition because other
                                                    The applicable Clearing Member for that                 Switch is processed by the System, will                exchanges offer the same functionality,
                                                    Member also is notified of the re-entry                 automatically execute at the price up to               which is being memorialized herein.
                                                    into the System after orders are                        the Member’s size prior to the removal
                                                                                                                                                                   C. Self-Regulatory Organization’s
                                                    cancelled as a result of the Kill Switch,               of orders from the System as a result of
                                                                                                                                                                   Statement on Comments on the
                                                    provided the Clearing Member has                        the Kill Switch. The Kill Switch
                                                                                                                                                                   Proposed Rule Change Received From
                                                    requested to receive such notification.                 message is accepted by the System in
                                                                                                                                                                   Members, Participants, or Others
                                                                                                            the order of receipt in the queue and is
                                                    2. Statutory Basis                                      processed in that order so that interest                 No written comments were either
                                                                                                            that is already accepted into the System               solicited or received.
                                                      The Exchange believes that its
                                                    proposal is consistent with Section 6(b)                is processed prior to the Kill Switch                  III. Date of Effectiveness of the
                                                    of the Act 7 in general, and furthers the               message.                                               Proposed Rule Change and Timing for
                                                                                                               With respect to providing information               Commission Action
                                                      4 Members are able to send a message to the
                                                                                                            regarding the cancellation of orders as a
                                                                                                            result of the Kill Switch to the Clearing                 Because the foregoing proposed rule
                                                    Exchange to initiate the Kill Switch or they may
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    contact the Exchange directly. A message to remove      Member, each Member that transacts                     change does not: (i) Significantly affect
                                                    orders may be sent through FIX, OTTO or Precise.        through a Clearing Member on the                       the protection of investors or the public
                                                      5 Opening Sweep Orders will also be cancelled.
                                                                                                            Exchange accepts financial                             interest; (ii) impose any significant
                                                    Consistent with current auction functionality, PIM
                                                                                                            responsibility for all Exchange                        burden on competition; and (iii) become
                                                    auction orders and responses will not be cancelled.                                                            operative for 30 days from the date on
                                                    See GEMX Rule 723. Other auctions orders and            transactions made by the Member on
                                                    responses would cancel. Quotes are unaffected.                                                                 which it was filed, or such shorter time
                                                      6 The Member must directly and verbally contact         8 15
                                                                                                                 U.S.C. 78f(b)(5).                                 as the Commission may designate, it has
                                                    the Exchange to request the re-set.                       9 Thetime of receipt for an order is the time such
                                                      7 15 U.S.C. 78f(b).                                   message is processed by the Exchange Order Book.        10 See   GEMX Rule 808(b).



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                                                    50912                      Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices

                                                    become effective pursuant to Section                    Paper Comments                                         SECURITIES AND EXCHANGE
                                                    19(b)(3)(A)(iii) of the Act 11 and                                                                             COMMISSION
                                                    subparagraph (f)(6) of Rule 19b–4                         • Send paper comments in triplicate
                                                                                                            to Secretary, Securities and Exchange                  [Release No. 34–81973; File No. SR–
                                                    thereunder.12                                                                                                  NASDAQ–2017–090]
                                                                                                            Commission, 100 F Street NE.,
                                                       A proposed rule change filed under
                                                                                                            Washington, DC 20549–1090.                             Self-Regulatory Organizations; The
                                                    Rule 19b–4(f)(6) normally does not
                                                    become operative before 30 days from                    All submissions should refer to File                   NASDAQ Stock Market LLC; Order
                                                    the date of the filing. However, pursuant               Number SR–GEMX–2017–50. This file                      Granting Approval of Proposed Rule
                                                    to Rule 19b–4(f)(6)(iii),13 the                         number should be included on the                       Change, as Modified by Amendment
                                                    Commission may designate a shorter                      subject line if email is used. To help the             No. 1, To List and Trade Shares of the
                                                    time if such action is consistent with the              Commission process and review your                     Eaton Vance Oaktree Diversified Credit
                                                    protection of investors and the public                  comments more efficiently, please use                  NextSharesTM Under Nasdaq Rule 5745
                                                    interest.                                               only one method. The Commission will                   October 27, 2017.
                                                       The Exchange has asked the                           post all comments on the Commission’s
                                                                                                                                                                   I. Introduction
                                                    Commission to waive the 30-day                          Internet Web site (http://www.sec.gov/
                                                    operative delay. The Commission                         rules/sro.shtml). Copies of the                           On August 30, 2017, The NASDAQ
                                                    believes that waiving the 30-day                        submission, all subsequent                             Stock Market LLC (‘‘Nasdaq’’ or
                                                    operative delay is consistent with the                  amendments, all written statements                     ‘‘Exchange’’) filed with the Securities
                                                    protection of investors and the public                  with respect to the proposed rule                      and Exchange Commission
                                                    interest because the proposal is similar                change that are filed with the                         (‘‘Commission’’), pursuant to Section
                                                    to the rules of other options exchanges                                                                        19(b)(1) of the Securities Exchange Act
                                                                                                            Commission, and all written
                                                    and the Exchange’s proposal does not                                                                           of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                                                                            communications relating to the
                                                    raise any new or novel issues.                                                                                 thereunder,2 a proposed rule change to
                                                                                                            proposed rule change between the                       list and trade common shares (‘‘Shares’’)
                                                    Therefore, the Commission hereby                        Commission and any person, other than
                                                    waives the 30-day operative delay and                                                                          of the Eaton Vance Oaktree Diversified
                                                                                                            those that may be withheld from the                    Credit NextSharesTM (‘‘Fund’’) under
                                                    designates the proposed rule change to                  public in accordance with the                          Nasdaq Rule 5745. The proposed rule
                                                    be operative upon filing with the                       provisions of 5 U.S.C. 552, will be                    change was published for comment in
                                                    Commission.14                                           available for Web site viewing and                     the Federal Register on September 15,
                                                       At any time within 60 days of the                    printing in the Commission’s Public                    2017.3 On September 27, 2017, the
                                                    filing of the proposed rule change, the                 Reference Room, 100 F Street NE.,                      Exchange filed Amendment No. 1 to the
                                                    Commission summarily may                                Washington, DC 20549 on official                       proposed rule change.4 The Commission
                                                    temporarily suspend such rule change if                 business days between the hours of
                                                    it appears to the Commission that such                  10:00 a.m. and 3:00 p.m. Copies of the                   1 15  U.S.C. 78s(b)(1).
                                                    action is: (i) Necessary or appropriate in              filing also will be available for                        2 17  CFR 240.19b–4.
                                                                                                                                                                      3 See Securities Exchange Act Release No. 81574
                                                    the public interest; (ii) for the protection            inspection and copying at the principal                (September 11, 2017), 82 FR 43423 (‘‘Notice’’).
                                                    of investors; or (iii) otherwise in                     office of the Exchange. All comments                      4 Amendment No. 1 to the proposed rule change
                                                    furtherance of the purposes of the Act.                 received will be posted without change.                replaces and supersedes the original filing in its
                                                    If the Commission takes such action, the                Persons submitting comments are                        entirety. In Amendment No. 1, the Exchange,
                                                    Commission shall institute proceedings                  cautioned that we do not redact or edit
                                                                                                                                                                   among other things: (i) Clarified that each of the
                                                    to determine whether the proposed rule                                                                         Adviser (as defined below) and the Sub-Adviser (as
                                                                                                            personal identifying information from                  defined below) is affiliated with a broker-dealer and
                                                    should be approved or disapproved.
                                                                                                            comment submissions. You should                        each has implemented and will maintain a fire wall
                                                                                                                                                                   with respect to its affiliated broker-dealer regarding
                                                    IV. Solicitation of Comments                            submit only information that you wish                  access to information concerning the composition
                                                                                                            to make available publicly. All                        and/or changes to the Fund’s portfolio and that
                                                      Interested persons are invited to                     submissions should refer to File                       personnel who make decisions on the Fund’s
                                                    submit written data, views, and                         Number SR–GEMX–2017–50, and                            portfolio composition must be subject to procedures
                                                    arguments concerning the foregoing,                                                                            designed to prevent the use and dissemination of
                                                                                                            should be submitted on or before                       material, non-public information regarding the
                                                    including whether the proposed rule                     November 24, 2017.                                     open-end fund’s portfolio; (ii) stated that the credit-
                                                    change is consistent with the Act.                                                                             related investments that the Fund will invest in will
                                                    Comments may be submitted by any of                       For the Commission, by the Division of               include mortgage-backed securities and mortgage-
                                                    the following methods:                                  Trading and Markets, pursuant to delegated             related securities; (iii) clarified that the Financial
                                                                                                            authority.15                                           Industry Regulatory Authority, Inc. (‘‘FINRA’’), on
                                                    Electronic Comments                                                                                            behalf of the Exchange, will communicate as
                                                                                                            Eduardo A. Aleman,                                     needed with, and may obtain information from,
                                                      • Use the Commission’s Internet                       Assistant Secretary.                                   other markets and entities that are members of the
                                                                                                                                                                   Intermarket Surveillance Group (‘‘ISG’’) regarding
                                                    comment form (http://www.sec.gov/                       [FR Doc. 2017–23832 Filed 11–1–17; 8:45 am]
                                                                                                                                                                   trading in the Shares and in exchange-traded
                                                    rules/sro.shtml); or                                    BILLING CODE 8011–01–P                                 securities and instruments held by the Fund (to the
                                                                                                                                                                   extent those exchange-traded securities and
                                                      • Send an email to rule-comments@                                                                            instruments are known through the publication of
                                                    sec.gov. Please include File Number SR–                                                                        the Composition File (as referenced herein) and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    GEMX–2017–50 on the subject line.                                                                              periodic public disclosures of the Fund’s portfolio
                                                                                                                                                                   holdings), and the Exchange may obtain such
                                                      11 15
                                                                                                                                                                   trading information from markets and other entities
                                                             U.S.C. 78s(b)(3)(A)(iii).                                                                             that are members of ISG or with which the
                                                      12 17  CFR 240.19b–4(f)(6).                                                                                  Exchange has in place a comprehensive
                                                       13 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                   surveillance sharing agreement; (iv) clarified that
                                                       14 For purposes only of waiving the operative                                                               the Exchange will obtain a representation from the
                                                    delay for this proposal, the Commission has                                                                    issuer of the Shares that the net asset value
                                                    considered the proposed rule’s impact on                                                                       (‘‘NAV’’) per Share will be calculated daily (on each
                                                    efficiency, competition, and capital formation. See                                                            day the New York Stock Exchange is open for
                                                    15 U.S.C. 78c(f).                                         15 17   CFR 200.30–3(a)(12).                         trading) and provided to Nasdaq via the Mutual



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Document Created: 2017-11-02 02:41:31
Document Modified: 2017-11-02 02:41:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 50910 

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