83_FR_14749 83 FR 14683 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Disclosure Services Offered To Certain New Listings

83 FR 14683 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Disclosure Services Offered To Certain New Listings

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 66 (April 5, 2018)

Page Range14683-14684
FR Document2018-06917

Federal Register, Volume 83 Issue 66 (Thursday, April 5, 2018)
[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Notices]
[Pages 14683-14684]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06917]



[[Page 14683]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82976; File No. SR-NASDAQ-2018-023]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Modify the Disclosure Services Offered To Certain New Listings

March 30, 2018.
    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 March 20, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' 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 Substance 
of the Proposed Rule Change

    The Exchange proposes to modify the disclosure services provided 
under IM-5900-7 to certain new listings. While these amendments are 
effective upon filing, the Exchange has designated the proposed 
amendments to be operative for new listings on or after April 23, 2018.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaq.cchwallstreet.com, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    Nasdaq offers complimentary services under IM-5900-7 to companies 
listing on the Nasdaq Global and Global Select Markets in connection 
with an initial public offering (other than a company listed under IM-
5101-2), upon emerging from bankruptcy, in connection with a spin-off 
or carve-out from another company, or in conjunction with a business 
combination that satisfies the conditions in Nasdaq IM-5101-2(b) 
(``Eligible New Listings'') and to companies (other than a company 
listed under IM-5101-2) switching their listing from the New York Stock 
Exchange (``NYSE'') to the Global or Global Select Markets (``Eligible 
Switches'').\3\ Nasdaq believes that the complimentary service program 
offers valuable services to newly listing companies, designed to help 
ease the transition of becoming a public company or switching markets, 
and makes listing on Nasdaq more attractive to these companies. The 
services offered include a whistleblower hotline, investor relations 
website, disclosure services for earnings or other press releases, 
webcasting, market analytic tools, and may include market advisory 
tools such as stock surveillance (collectively the ``Service 
Package'').\4\
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    \3\ See Exchange Act Release No. 65963 (December 15, 2011), 76 
FR 79262 (December 21, 2011) (SR-NASDAQ-2011-122) (adopting IM-5900-
7); Exchange Act Release No. 72669 (July 24, 2014), 79 FR 44234 
(July 30, 2014) (SR-NASDAQ-2014-058) (adopting changes to IM-5900-
7); Exchange Act Release No. 78806 (September 9, 2016), 81 FR 63523 
(September 15, 2016) (SR-NASDAQ-2016-098); Exchange Act Release No. 
79366 (November 21, 2016), 81 FR 85663 (November 28, 2016) (SR-
NASDAQ-2016-106).
    \4\ In addition, all companies listed on Nasdaq receive services 
from Nasdaq, including Nasdaq Online and the Market Intelligence 
Desk.
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    As part of the Service Package, Eligible New Listings and Eligible 
Switches with a market capitalization less than $750 million currently 
receive a $15,000 annual stipend for disclosure services; Eligible New 
Listings and Eligible Switches with a market capitalization of $750 
million or more currently receive a $20,000 annual stipend for 
disclosure services. These stipends can be used ``for disclosure 
services for earnings or other press releases, including photographs, 
and filing of EDGAR and XBRL reports.'' Customers have indicated that 
the annual stipend makes it difficult for them to know what 
specifically they will receive and also to compare the Nasdaq Service 
Package with similar offerings from competitors. Based on this 
feedback, Nasdaq proposes to modify the disclosure services offered so 
that instead of an annual stipend to spend on any disclosure services, 
companies instead will receive a pre-determined package of disclosure 
services for earnings or other press releases and the filing of related 
regulatory reports.\5\ The revised package of services will maintain 
the same approximate retail value as the amount of the stipend 
currently provided. All companies in the same market capitalization 
tier will be eligible for the same package of services.
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    \5\ Regulatory reports include XBRL and EDGAR filings and could 
also include filings with non-U.S. regulators or banking regulators.
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    The proposed rule change will be operative for new listings on or 
after April 23, 2018. Companies that list before that date will 
continue to receive services as described in the current rule.
    Nasdaq also proposes to make non-substantive changes to the rule 
text to specify that the 2016 package is no longer the current package 
of for companies listing on or after April 23, 2018, and to clarify 
which package is provided to a company with exactly $750 million market 
capitalization.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with 
the provisions of Section 6 of the Act,\6\ in general, and Sections 
6(b)(4),\7\ 6(b)(5),\8\ and 6(b)(8),\9\ in particular, in that the 
proposal is designed, among other things, to provide for the equitable 
allocation of reasonable dues, fees, and other charges among Exchange 
members and issuers and other persons using its facilities and to 
promote just and equitable principles of trade, and is not designed to 
permit unfair discrimination between issuers, and that the rules of the 
Exchange do not impose any burden on competition not necessary or 
appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(4).
    \8\ 15 U.S.C. 78f(5).
    \9\ 15 U.S.C. 78f(8).
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    Nasdaq faces competition in the market for listing services,\10\ 
and competes, in part, by offering valuable services to companies. 
Nasdaq believes that it is reasonable to offer

[[Page 14684]]

complimentary services to attract and retain listings as part of this 
competition. All similarly situated companies are eligible for the same 
package of services and the eligibility of companies for services is 
not changing under this proposed rule change. In addition, while under 
the proposed change a package of disclosure services will be offered 
instead of a stipend, the types of services and the approximate retail 
value of the services offered will not change. Accordingly, Nasdaq does 
not believe this update has an effect on the allocation of fees nor 
does it permit unfair discrimination and the proposed rule change is 
consistent with the requirements of Section 6(b)(4) and (5) of the Act.
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    \10\ The Justice Department has noted the intense competitive 
environment for exchange listings. See ``NASDAQ OMX Group Inc. and 
IntercontinentalExchange Inc. Abandon Their Proposed Acquisition Of 
NYSE Euronext After Justice Department Threatens Lawsuit'' (May 16, 
2011), available at http://www.justice.gov/atr/public/press_releases/2011/271214.htm.
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    Nasdaq represents, and this proposed rule change will help ensure, 
that individual listed companies are not given specially negotiated 
packages of products or services to list, or remain listed, which the 
Commission has previously stated would raise unfair discrimination 
issues under the Act.\11\
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    \11\ See Exchange Act Release No. 79366, 81 FR 85663 at 85665 
(citing Securities Exchange Act Release No. 65127 (August 12, 2011), 
76 FR 51449, 51452 (August 18, 2011) (approving NYSE-2011-20)).
---------------------------------------------------------------------------

    Further, the disclosure services offered in the Services Package 
reflect the current competitive environment for exchange listings among 
national securities exchanges, and is appropriate and consistent with 
Section 6(b)(8) in furtherance of the purposes of the Act. 
Specifically, based on customer feedback, Nasdaq believes that the 
revised rule will be more transparent to customers and better enable 
customers to compare offerings from various exchanges. Nasdaq also 
believes that this enhanced transparency will promote just and 
equitable principles of trade as required by Section 6(b)(5) of the 
Act.
    Finally, Nasdaq notes that the proposed non-substantive changes to 
the rule text to specify that the 2016 package is no longer the current 
package for companies listing on or after April 23, 2018, and to 
clarify which package is provided to a company with exactly $750 
million market capitalization are consistent with Section 6(b)(5) of 
the Act because they will clarify the rule without making any 
substantive change.

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. As noted above, Nasdaq faces 
competition in the market for listing services, and competes, in part, 
by offering valuable services to companies. Nasdaq believes that the 
proposed rule change will make the rule text more transparent to 
customers and better enable customers to compare offerings from various 
exchanges, which reflects that competition, but does not impose any 
burden on the competition with other exchanges.

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 become 
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2018-023 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-NASDAQ-2018-023. 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 website (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 website 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 such 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-NASDAQ-2018-023, and should be submitted 
on or before April 26, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo Aleman,
Assistant Secretary.
[FR Doc. 2018-06917 Filed 4-4-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices                                                    14683

                                             SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                     Nasdaq Service Package with similar
                                             COMMISSION                                                 Statement of the Purpose of, and                      offerings from competitors. Based on
                                                                                                        Statutory Basis for, the Proposed Rule                this feedback, Nasdaq proposes to
                                             [Release No. 34–82976; File No. SR–                        Change                                                modify the disclosure services offered
                                             NASDAQ–2018–023]                                                                                                 so that instead of an annual stipend to
                                                                                                        1. Purpose
                                                                                                                                                              spend on any disclosure services,
                                             Self-Regulatory Organizations; The                            Nasdaq offers complimentary services               companies instead will receive a pre-
                                             Nasdaq Stock Market LLC; Notice of                         under IM–5900–7 to companies listing                  determined package of disclosure
                                                                                                        on the Nasdaq Global and Global Select                services for earnings or other press
                                             Filing and Immediate Effectiveness of
                                                                                                        Markets in connection with an initial                 releases and the filing of related
                                             Proposed Rule Change To Modify the
                                                                                                        public offering (other than a company                 regulatory reports.5 The revised package
                                             Disclosure Services Offered To Certain
                                                                                                        listed under IM–5101–2), upon                         of services will maintain the same
                                             New Listings
                                                                                                        emerging from bankruptcy, in                          approximate retail value as the amount
                                             March 30, 2018.                                            connection with a spin-off or carve-out               of the stipend currently provided. All
                                                                                                        from another company, or in                           companies in the same market
                                                Pursuant to Section 19(b)(1) of the                     conjunction with a business                           capitalization tier will be eligible for the
                                             Securities Exchange Act of 1934                            combination that satisfies the conditions             same package of services.
                                             (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    in Nasdaq IM–5101–2(b) (‘‘Eligible New                  The proposed rule change will be
                                             notice is hereby given that, on March                      Listings’’) and to companies (other than              operative for new listings on or after
                                             20, 2018, The Nasdaq Stock Market LLC                      a company listed under IM–5101–2)                     April 23, 2018. Companies that list
                                             (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the                switching their listing from the New                  before that date will continue to receive
                                             Securities and Exchange Commission                         York Stock Exchange (‘‘NYSE’’) to the                 services as described in the current rule.
                                             (‘‘SEC’’ or ‘‘Commission’’) the proposed                   Global or Global Select Markets                         Nasdaq also proposes to make non-
                                             rule change as described in Items I and                    (‘‘Eligible Switches’’).3 Nasdaq believes             substantive changes to the rule text to
                                             II below, which Items have been                            that the complimentary service program                specify that the 2016 package is no
                                             prepared by the Exchange. The                              offers valuable services to newly listing             longer the current package of for
                                             Commission is publishing this notice to                    companies, designed to help ease the                  companies listing on or after April 23,
                                             solicit comments on the proposed rule                      transition of becoming a public                       2018, and to clarify which package is
                                             change from interested persons.                            company or switching markets, and                     provided to a company with exactly
                                                                                                        makes listing on Nasdaq more attractive               $750 million market capitalization.
                                             I. Self-Regulatory Organization’s
                                                                                                        to these companies. The services offered
                                             Statement of the Terms of Substance of                                                                           2. Statutory Basis
                                                                                                        include a whistleblower hotline,
                                             the Proposed Rule Change                                                                                            Nasdaq believes that the proposed
                                                                                                        investor relations website, disclosure
                                                The Exchange proposes to modify the                     services for earnings or other press                  rule change is consistent with the
                                             disclosure services provided under IM–                     releases, webcasting, market analytic                 provisions of Section 6 of the Act,6 in
                                                                                                        tools, and may include market advisory                general, and Sections 6(b)(4),7 6(b)(5),8
                                             5900–7 to certain new listings. While
                                                                                                        tools such as stock surveillance                      and 6(b)(8),9 in particular, in that the
                                             these amendments are effective upon
                                                                                                        (collectively the ‘‘Service Package’’).4              proposal is designed, among other
                                             filing, the Exchange has designated the
                                                                                                           As part of the Service Package,                    things, to provide for the equitable
                                             proposed amendments to be operative
                                                                                                        Eligible New Listings and Eligible                    allocation of reasonable dues, fees, and
                                             for new listings on or after April 23,
                                                                                                        Switches with a market capitalization                 other charges among Exchange members
                                             2018.                                                                                                            and issuers and other persons using its
                                                                                                        less than $750 million currently receive
                                                The text of the proposed rule change                    a $15,000 annual stipend for disclosure               facilities and to promote just and
                                             is available on the Exchange’s website at                  services; Eligible New Listings and                   equitable principles of trade, and is not
                                             http://nasdaq.cchwallstreet.com, at the                    Eligible Switches with a market                       designed to permit unfair
                                             principal office of the Exchange, and at                   capitalization of $750 million or more                discrimination between issuers, and that
                                             the Commission’s Public Reference                          currently receive a $20,000 annual                    the rules of the Exchange do not impose
                                             Room.                                                      stipend for disclosure services. These                any burden on competition not
                                                                                                        stipends can be used ‘‘for disclosure                 necessary or appropriate in furtherance
                                             II. Self-Regulatory Organization’s                                                                               of the purposes of the Act.
                                                                                                        services for earnings or other press
                                             Statement of the Purpose of, and                                                                                    Nasdaq faces competition in the
                                                                                                        releases, including photographs, and
                                             Statutory Basis for, the Proposed Rule                                                                           market for listing services,10 and
                                                                                                        filing of EDGAR and XBRL reports.’’
                                             Change                                                                                                           competes, in part, by offering valuable
                                                                                                        Customers have indicated that the
                                               In its filing with the Commission, the                   annual stipend makes it difficult for                 services to companies. Nasdaq believes
                                             Exchange included statements                               them to know what specifically they                   that it is reasonable to offer
                                             concerning the purpose of and basis for                    will receive and also to compare the
                                                                                                                                                                 5 Regulatory reports include XBRL and EDGAR
                                             the proposed rule change and discussed                                                                           filings and could also include filings with non-U.S.
                                                                                                          3 See Exchange Act Release No. 65963 (December
                                             any comments it received on the                            15, 2011), 76 FR 79262 (December 21, 2011) (SR–
                                                                                                                                                              regulators or banking regulators.
                                             proposed rule change. The text of these                    NASDAQ–2011–122) (adopting IM–5900–7);
                                                                                                                                                                 6 15 U.S.C. 78f.
                                                                                                                                                                 7 15 U.S.C. 78f(4).
                                             statements may be examined at the                          Exchange Act Release No. 72669 (July 24, 2014), 79
                                                                                                                                                                 8 15 U.S.C. 78f(5).
                                             places specified in Item IV below. The                     FR 44234 (July 30, 2014) (SR–NASDAQ–2014–058)
                                                                                                        (adopting changes to IM–5900–7); Exchange Act            9 15 U.S.C. 78f(8).
amozie on DSK30RV082PROD with NOTICES




                                             Exchange has prepared summaries, set                       Release No. 78806 (September 9, 2016), 81 FR             10 The Justice Department has noted the intense
                                             forth in sections A, B, and C below, of                    63523 (September 15, 2016) (SR–NASDAQ–2016–           competitive environment for exchange listings. See
                                             the most significant aspects of such                       098); Exchange Act Release No. 79366 (November        ‘‘NASDAQ OMX Group Inc. and
                                             statements.                                                21, 2016), 81 FR 85663 (November 28, 2016) (SR–       IntercontinentalExchange Inc. Abandon Their
                                                                                                        NASDAQ–2016–106).                                     Proposed Acquisition Of NYSE Euronext After
                                                                                                          4 In addition, all companies listed on Nasdaq       Justice Department Threatens Lawsuit’’ (May 16,
                                               1 15   U.S.C. 78s(b)(1).                                 receive services from Nasdaq, including Nasdaq        2011), available at http://www.justice.gov/atr/
                                               2 17   CFR 240.19b–4.                                    Online and the Market Intelligence Desk.              public/press_releases/2011/271214.htm.



                                        VerDate Sep<11>2014      18:33 Apr 04, 2018   Jkt 244001   PO 00000   Frm 00062   Fmt 4703   Sfmt 4703   E:\FR\FM\05APN1.SGM   05APN1


                                             14684                          Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices

                                             complimentary services to attract and                   any burden on competition not                             Electronic Comments
                                             retain listings as part of this                         necessary or appropriate in furtherance
                                             competition. All similarly situated                                                                                 • Use the Commission’s internet
                                                                                                     of the purposes of the Act. As noted
                                             companies are eligible for the same                                                                               comment form (http://www.sec.gov/
                                                                                                     above, Nasdaq faces competition in the
                                             package of services and the eligibility of                                                                        rules/sro.shtml); or
                                                                                                     market for listing services, and
                                             companies for services is not changing                  competes, in part, by offering valuable                     • Send an email to rule-comments@
                                             under this proposed rule change. In                     services to companies. Nasdaq believes                    sec.gov. Please include File Number SR–
                                             addition, while under the proposed                      that the proposed rule change will make                   NASDAQ–2018–023 on the subject line.
                                             change a package of disclosure services                 the rule text more transparent to                         Paper Comments
                                             will be offered instead of a stipend, the               customers and better enable customers
                                             types of services and the approximate                   to compare offerings from various                           • Send paper comments in triplicate
                                             retail value of the services offered will               exchanges, which reflects that                            to Secretary, Securities and Exchange
                                             not change. Accordingly, Nasdaq does                    competition, but does not impose any                      Commission, 100 F Street NE,
                                             not believe this update has an effect on                burden on the competition with other                      Washington, DC 20549–1090.
                                             the allocation of fees nor does it permit               exchanges.                                                All submissions should refer to File
                                             unfair discrimination and the proposed                                                                            Number SR–NASDAQ–2018–023. This
                                             rule change is consistent with the                      C. Self-Regulatory Organization’s
                                                                                                     Statement on Comments on the                              file number should be included on the
                                             requirements of Section 6(b)(4) and (5)                                                                           subject line if email is used. To help the
                                             of the Act.                                             Proposed Rule Change Received From
                                                                                                     Members, Participants, or Others                          Commission process and review your
                                                Nasdaq represents, and this proposed                                                                           comments more efficiently, please use
                                             rule change will help ensure, that                        No written comments were either                         only one method. The Commission will
                                             individual listed companies are not                     solicited or received.                                    post all comments on the Commission’s
                                             given specially negotiated packages of                                                                            internet website (http://www.sec.gov/
                                             products or services to list, or remain                 III. Date of Effectiveness of the
                                                                                                     Proposed Rule Change and Timing for                       rules/sro.shtml). Copies of the
                                             listed, which the Commission has                                                                                  submission, all subsequent
                                             previously stated would raise unfair                    Commission Action
                                                                                                                                                               amendments, all written statements
                                             discrimination issues under the Act.11                     Because the foregoing proposed rule                    with respect to the proposed rule
                                                Further, the disclosure services                     change does not: (i) Significantly affect                 change that are filed with the
                                             offered in the Services Package reflect                 the protection of investors or the public                 Commission, and all written
                                             the current competitive environment for                 interest; (ii) impose any significant                     communications relating to the
                                             exchange listings among national                        burden on competition; and (iii) become                   proposed rule change between the
                                             securities exchanges, and is appropriate                operative for 30 days from the date on                    Commission and any person, other than
                                             and consistent with Section 6(b)(8) in                  which it was filed, or such shorter time                  those that may be withheld from the
                                             furtherance of the purposes of the Act.                 as the Commission may designate, it has                   public in accordance with the
                                             Specifically, based on customer                         become effective pursuant to Section                      provisions of 5 U.S.C. 552, will be
                                             feedback, Nasdaq believes that the                      19(b)(3)(A) of the Act 12 and Rule 19b–                   available for website viewing and
                                             revised rule will be more transparent to                4(f)(6) thereunder.13                                     printing in the Commission’s Public
                                             customers and better enable customers                                                                             Reference Room, 100 F Street NE,
                                                                                                        At any time within 60 days of the
                                             to compare offerings from various                                                                                 Washington, DC 20549 on official
                                                                                                     filing of the proposed rule change, the
                                             exchanges. Nasdaq also believes that                                                                              business days between the hours of
                                                                                                     Commission summarily may
                                             this enhanced transparency will                                                                                   10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                     temporarily suspend such rule change if
                                             promote just and equitable principles of                                                                          filing also will be available for
                                                                                                     it appears to the Commission that such
                                             trade as required by Section 6(b)(5) of                                                                           inspection and copying at the principal
                                                                                                     action is necessary or appropriate in the
                                             the Act.                                                                                                          office of the Exchange. All comments
                                                                                                     public interest, for the protection of
                                                Finally, Nasdaq notes that the                                                                                 received will be posted without change.
                                                                                                     investors, or otherwise in furtherance of
                                             proposed non-substantive changes to                                                                               Persons submitting comments are
                                                                                                     the purposes of the Act.
                                             the rule text to specify that the 2016                                                                            cautioned that we do not redact or edit
                                             package is no longer the current package                IV. Solicitation of Comments                              personal identifying information from
                                             for companies listing on or after April                                                                           comment submissions. You should
                                                                                                       Interested persons are invited to
                                             23, 2018, and to clarify which package                                                                            submit only information that you wish
                                                                                                     submit written data, views, and
                                             is provided to a company with exactly                                                                             to make available publicly. All
                                                                                                     arguments concerning the foregoing,
                                             $750 million market capitalization are                                                                            submissions should refer to File
                                                                                                     including whether the proposed rule
                                             consistent with Section 6(b)(5) of the                                                                            Number SR–NASDAQ–2018–023, and
                                                                                                     change is consistent with the Act.
                                             Act because they will clarify the rule                                                                            should be submitted on or before April
                                                                                                     Comments may be submitted by any of
                                             without making any substantive change.                                                                            26, 2018.
                                                                                                     the following methods:
                                             B. Self-Regulatory Organization’s                                                                                   For the Commission, by the Division of
                                             Statement on Burden on Competition                        12 15  U.S.C. 78s(b)(3)(A).                             Trading and Markets, pursuant to delegated
                                                                                                       13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               The Exchange does not believe that                                                                              authority.14
                                                                                                     4(f)(6)(iii) requires a self-regulatory organization to
                                             the proposed rule change will impose                                                                              Eduardo Aleman,
                                                                                                     give the Commission written notice of its intent to
                                                                                                     file the proposed rule change, along with a brief         Assistant Secretary.
amozie on DSK30RV082PROD with NOTICES




                                               11 See Exchange Act Release No. 79366, 81 FR          description and text of the proposed rule change,         [FR Doc. 2018–06917 Filed 4–4–18; 8:45 am]
                                             85663 at 85665 (citing Securities Exchange Act          at least five business days prior to the date of filing
                                                                                                                                                               BILLING CODE 8011–01–P
                                             Release No. 65127 (August 12, 2011), 76 FR 51449,       of the proposed rule change, or such shorter time
                                             51452 (August 18, 2011) (approving NYSE–2011–           as designated by the Commission. The Exchange
                                             20)).                                                   has satisfied this requirement.                             14 17   CFR 200.30–3(a)(12).




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Document Created: 2018-11-01 09:13:26
Document Modified: 2018-11-01 09:13:26
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 Citation83 FR 14683 

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