83_FR_18445 83 FR 18364 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Incorporate by Reference The Nasdaq Stock Market LLC's Consolidated Audit Trail Rules Into the Rules of Nasdaq MRX

83 FR 18364 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Incorporate by Reference The Nasdaq Stock Market LLC's Consolidated Audit Trail Rules Into the Rules of Nasdaq MRX

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 81 (April 26, 2018)

Page Range18364-18366
FR Document2018-08733

Federal Register, Volume 83 Issue 81 (Thursday, April 26, 2018)
[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Notices]
[Pages 18364-18366]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08733]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83085; File No. SR-MRX-2018-12]


Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Incorporate by 
Reference The Nasdaq Stock Market LLC's Consolidated Audit Trail Rules 
Into the Rules of Nasdaq MRX

April 20, 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 April 10, 2018, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to incorporate by reference The Nasdaq Stock 
Market LLC's (``Nasdaq'') rule at General 7, entitled ``Consolidated 
Audit Trail Compliance'' into MRX's General 7.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqmrx.cchwallstreet.com/, at the principal office 
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to incorporate by reference Nasdaq's rule at 
General 7, entitled ``Consolidated Audit Trail Compliance'' into MRX's 
General 7. The rule sets are identical.\3\ MRX proposes to remove the 
current rule text from General 7 and replace that rule text with the 
following text: \4\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release Nos. 82601 (January 30, 
2018), 83 FR 4949 (February 2, 2018) (SR-Phlx-2018-11); 82604 
(January 30, 2018), 83 FR 5154 (February 5, 2018) (SR-NASDAQ-2018-
007); 82597 (January 30, 2018), 83 FR 4942 (February 2, 2018) (SR-
BX-2018-007); 82599 (January 30, 2017), 83 FR 4947 (February 2, 
2018) (SR-ISE-2018-09); 82598 (January 30, 2018), 83 FR 4936 
(February 2, 2018) (SR-GEMX-2018-02); and 82600 (January 30, 2018), 
83 FR 4934 (February 2, 2018) (SR-MRX-2018-03).
    \4\ MRX shall include a hyperlink to Nasdaq's General 7 for ease 
of reference.

    The rules contained in The Nasdaq Stock Market LLC General 7, as 
such rules may be in effect from time to time (the ``General 7 
Rules''), are hereby incorporated by reference into this Nasdaq MRX 
General 7, and are thus Nasdaq MRX Rules and thereby applicable to 
Nasdaq MRX Members. Nasdaq MRX Members shall comply with the General 
7 Rules as though such rules were fully set forth herein. All 
defined terms, including any variations thereof, contained in the 
General 7 Rules shall be read to refer to the Nasdaq MRX related 
meaning of such term. Solely by way of example, and not in 
limitation or in exhaustion: the defined term ``Exchange'' in the 
General 7 Rules shall be read to refer to the Nasdaq MRX Exchange; 
the defined term ``Rule'' in the General 7 Rules shall be read to 
---------------------------------------------------------------------------
refer to the Nasdaq MRX Rule.

    Should any rules which impact trading behavior be added to the 
Consolidated Audit Trail Compliance Rules in Nasdaq General 7 in the 
future, those rules shall not become subject to the incorporation by 
reference and shall be placed elsewhere within MRX's Rulebook. The 
incorporations by reference of Nasdaq General 7 into MRX's General 7 
Rule are regulatory in nature.\5\ The Exchange notes that as a 
condition of an exemption, which the Exchange will request and will 
need to be approved by the Commission,\6\ MRX

[[Page 18365]]

agrees to provide written notice to its members whenever Nasdaq 
proposes a change to its General 7 Rule.\7\ Such notice will alert MRX 
members to the proposed Nasdaq rule change and give them an opportunity 
to comment on the proposal. MRX will similarly inform its members in 
writing when the SEC approves any such proposed change.
---------------------------------------------------------------------------

    \5\ The General 7 Rules are categories of rules that are not 
trading rules. See 17 CFR 200.30-3(a)(76) (contemplating such 
requests). In addition, several other SROs incorporate by reference 
certain regulatory rules of another SRO and have received from the 
Commission similar exemptions from Section 19(b) of the Exchange 
Act. See e.g., Securities Exchange Act Release Nos. 57478 (March 12, 
2008), 73 FR 14521 (March 18, 2008), 53128 (January 13, 2006), 71 FR 
3550 (January 23, 2006); 49260 (February 17, 2004), 69 FR 8500 
(February 24, 2004).
    \6\ The Exchange will request an exemption pursuant to its 
authority under Section 36 of the Exchange Act of 1934 (``Act'') and 
Rule 0-12\6\ thereunder, from the Section 19(b) rule filing 
requirements to separately file a proposed rule change to amend MRX 
General 7.
    \7\ MRX will provide such notice via a posting on the same 
website location where MRX posts its own rule filings pursuant to 
Rule 19b-4 within the timeframe require by such Rule. The website 
posting will include a link to the location on the Nasdaq website 
where the applicable proposed rule change is posted.
---------------------------------------------------------------------------

Implementation
    The Exchange proposes that this rule change become operative at 
such time as it receives approval for an exemption from the Securities 
and Exchange Commission, pursuant to its authority under Section 36 of 
the Exchange Act of 1934 (``Act'') and Rule 0-12 \8\ thereunder, from 
the Section 19(b) rule filing requirements to separately file a 
proposed rule change to amend MRX General 7.
---------------------------------------------------------------------------

    \8\ See 17 CFR 240.0-12; Exchange Act Release No. 39624 
(February 5, 1998), 63 FR 8101 (February 18, 1998).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\10\ 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 consolidating its rules into a single rule set. The 
Exchange intends to also file similar proposed rule changes for the 
Nasdaq PHLX LLC; Nasdaq GEMX, LLC; Nasdaq ISE, LLC; and Nasdaq MRX, LLC 
markets so that the General 7 Rules which govern Consolidated Audit 
Trail Compliance are conformed.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Incorporating by reference the Nasdaq General 7 Rules into the MRX 
General 7 Rules will provide an easy reference for Members seeking to 
comply with Consolidated Audit Trail on multiple markets. As noted, the 
Exchange intends to file similar proposed rule changes for other 
affiliated markets so that Nasdaq General 7 is the source document for 
all Nasdaq Consolidated Audit Trail rules. The Exchange notes that the 
current rule is not changing and MRX members will be required to 
continue to comply with the General 7 Rules as though such rules are 
fully set forth in MRX's Rulebook. The Exchange desires to conform its 
rules and locate those rules within the same location in each Rulebook 
to provide Members the ability to quickly locate rules.

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 Exchange believes that this 
rule change does not impose an undue burden on competition because MRX 
is merely incorporating by reference the rules of Nasdaq's General 7 
into its own Rulebook. The current General 7 is not being amended and 
therefore no Member is impacted.

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)(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). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's 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.
---------------------------------------------------------------------------

    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 rule-comments@sec.gov. Please include 
File Number SR-MRX-2018-12 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-MRX-2018-12. 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 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-MRX-2018-12 and should be submitted on 
or before May 17, 2018.


[[Page 18366]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-08733 Filed 4-25-18; 8:45 am]
 BILLING CODE 8011-01-P



                                             18364                            Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Notices

                                             Paper Comments                                            SECURITIES AND EXCHANGE                                A. Self-Regulatory Organization’s
                                                                                                       COMMISSION                                             Statement of the Purpose of, and
                                               • Send paper comments in triplicate                                                                            Statutory Basis for, the Proposed Rule
                                             to Secretary, Securities and Exchange                                                                            Change
                                                                                                       [Release No. 34–83085; File No. SR–MRX–
                                             Commission, 100 F Street NE,
                                                                                                       2018–12]                                               1. Purpose
                                             Washington, DC 20549–1090.
                                                                                                                                                                 The Exchange proposes to incorporate
                                             All submissions should refer to File                      Self-Regulatory Organizations; Nasdaq
                                                                                                                                                              by reference Nasdaq’s rule at General 7,
                                             Number SR–ISE–2018–35. This file                          MRX, LLC; Notice of Filing and
                                                                                                                                                              entitled ‘‘Consolidated Audit Trail
                                             number should be included on the                          Immediate Effectiveness of Proposed
                                                                                                                                                              Compliance’’ into MRX’s General 7. The
                                             subject line if email is used. To help the                Rule Change To Incorporate by                          rule sets are identical.3 MRX proposes
                                             Commission process and review your                        Reference The Nasdaq Stock Market                      to remove the current rule text from
                                             comments more efficiently, please use                     LLC’s Consolidated Audit Trail Rules                   General 7 and replace that rule text with
                                             only one method. The Commission will                      Into the Rules of Nasdaq MRX                           the following text: 4
                                             post all comments on the Commission’s                                                                               The rules contained in The Nasdaq Stock
                                                                                                       April 20, 2018.
                                             internet website (http://www.sec.gov/                                                                            Market LLC General 7, as such rules may be
                                             rules/sro.shtml). Copies of the                              Pursuant to Section 19(b)(1) of the                 in effect from time to time (the ‘‘General 7
                                             submission, all subsequent                                Securities Exchange Act of 1934                        Rules’’), are hereby incorporated by reference
                                             amendments, all written statements                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2                into this Nasdaq MRX General 7, and are thus
                                                                                                       notice is hereby given that on April 10,               Nasdaq MRX Rules and thereby applicable to
                                             with respect to the proposed rule
                                                                                                                                                              Nasdaq MRX Members. Nasdaq MRX
                                             change that are filed with the                            2018, Nasdaq MRX, LLC (‘‘MRX’’ or
                                                                                                                                                              Members shall comply with the General 7
                                             Commission, and all written                               ‘‘Exchange’’) filed with the Securities                Rules as though such rules were fully set
                                             communications relating to the                            and Exchange Commission                                forth herein. All defined terms, including any
                                             proposed rule change between the                          (‘‘Commission’’) the proposed rule                     variations thereof, contained in the General
                                             Commission and any person, other than                     change as described in Items I and II                  7 Rules shall be read to refer to the Nasdaq
                                                                                                       below, which Items have been prepared                  MRX related meaning of such term. Solely by
                                             those that may be withheld from the                                                                              way of example, and not in limitation or in
                                             public in accordance with the                             by the Exchange. The Commission is                     exhaustion: the defined term ‘‘Exchange’’ in
                                             provisions of 5 U.S.C. 552, will be                       publishing this notice to solicit                      the General 7 Rules shall be read to refer to
                                             available for website viewing and                         comments on the proposed rule change                   the Nasdaq MRX Exchange; the defined term
                                             printing in the Commission’s Public                       from interested persons.                               ‘‘Rule’’ in the General 7 Rules shall be read
                                                                                                                                                              to refer to the Nasdaq MRX Rule.
                                             Reference Room, 100 F Street NE,                          I. Self-Regulatory Organization’s
                                             Washington, DC 20549, on official                                                                                   Should any rules which impact
                                                                                                       Statement of the Terms of Substance of
                                             business days between the hours of                                                                               trading behavior be added to the
                                                                                                       the Proposed Rule Change                               Consolidated Audit Trail Compliance
                                             10:00 a.m. and 3:00 p.m. Copies of the
                                             filing also will be available for                            The Exchange proposes to incorporate                Rules in Nasdaq General 7 in the future,
                                             inspection and copying at the principal                   by reference The Nasdaq Stock Market                   those rules shall not become subject to
                                             office of the Exchange. All comments                      LLC’s (‘‘Nasdaq’’) rule at General 7,                  the incorporation by reference and shall
                                             received will be posted without change.                   entitled ‘‘Consolidated Audit Trail                    be placed elsewhere within MRX’s
                                             Persons submitting comments are                           Compliance’’ into MRX’s General 7.                     Rulebook. The incorporations by
                                                                                                                                                              reference of Nasdaq General 7 into
                                             cautioned that we do not redact or edit                      The text of the proposed rule change                MRX’s General 7 Rule are regulatory in
                                             personal identifying information from                     is available on the Exchange’s website at              nature.5 The Exchange notes that as a
                                             comment submissions. You should                           http://nasdaqmrx.cchwallstreet.com/, at                condition of an exemption, which the
                                             submit only information that you wish                     the principal office of the Exchange, and              Exchange will request and will need to
                                             to make available publicly. All                           at the Commission’s Public Reference                   be approved by the Commission,6 MRX
                                             submissions should refer to File                          Room.
                                             Number SR–ISE–2018–35 and should be                                                                                 3 See Securities Exchange Act Release Nos. 82601

                                             submitted on or before May 17, 2018.                      II. Self-Regulatory Organization’s                     (January 30, 2018), 83 FR 4949 (February 2, 2018)
                                                                                                       Statement of the Purpose of, and                       (SR–Phlx–2018–11); 82604 (January 30, 2018), 83
                                               For the Commission, by the Division of                                                                         FR 5154 (February 5, 2018) (SR–NASDAQ–2018–
                                             Trading and Markets, pursuant to delegated
                                                                                                       Statutory Basis for, the Proposed Rule
                                                                                                                                                              007); 82597 (January 30, 2018), 83 FR 4942
                                             authority.13                                              Change                                                 (February 2, 2018) (SR–BX–2018–007); 82599
                                                                                                                                                              (January 30, 2017), 83 FR 4947 (February 2, 2018)
                                             Eduardo A. Aleman,                                          In its filing with the Commission, the               (SR–ISE–2018–09); 82598 (January 30, 2018), 83 FR
                                             Assistant Secretary.                                      Exchange included statements                           4936 (February 2, 2018) (SR–GEMX–2018–02); and
                                                                                                                                                              82600 (January 30, 2018), 83 FR 4934 (February 2,
                                             [FR Doc. 2018–08728 Filed 4–25–18; 8:45 am]               concerning the purpose of and basis for                2018) (SR–MRX–2018–03).
                                             BILLING CODE 8011–01–P                                    the proposed rule change and discussed                    4 MRX shall include a hyperlink to Nasdaq’s

                                                                                                       any comments it received on the                        General 7 for ease of reference.
                                                                                                       proposed rule change. The text of these                   5 The General 7 Rules are categories of rules that

                                                                                                       statements may be examined at the                      are not trading rules. See 17 CFR 200.30–3(a)(76)
                                                                                                                                                              (contemplating such requests). In addition, several
                                                                                                       places specified in Item IV below. The                 other SROs incorporate by reference certain
                                                                                                       Exchange has prepared summaries, set                   regulatory rules of another SRO and have received
                                                                                                       forth in sections A, B, and C below, of                from the Commission similar exemptions from
amozie on DSK30RV082PROD with NOTICES




                                                                                                                                                              Section 19(b) of the Exchange Act. See e.g.,
                                                                                                       the most significant aspects of such                   Securities Exchange Act Release Nos. 57478 (March
                                                                                                       statements.                                            12, 2008), 73 FR 14521 (March 18, 2008), 53128
                                                                                                                                                              (January 13, 2006), 71 FR 3550 (January 23, 2006);
                                                                                                                                                              49260 (February 17, 2004), 69 FR 8500 (February
                                                                                                                                                              24, 2004).
                                                                                                         1 15   U.S.C. 78s(b)(1).                                6 The Exchange will request an exemption
                                               13 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                pursuant to its authority under Section 36 of the



                                        VerDate Sep<11>2014     16:58 Apr 25, 2018   Jkt 244001   PO 00000   Frm 00103    Fmt 4703   Sfmt 4703   E:\FR\FM\26APN1.SGM   26APN1


                                                                           Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Notices                                               18365

                                             agrees to provide written notice to its                 is not changing and MRX members will                      to determine whether the proposed rule
                                             members whenever Nasdaq proposes a                      be required to continue to comply with                    should be approved or disapproved.
                                             change to its General 7 Rule.7 Such                     the General 7 Rules as though such rules
                                             notice will alert MRX members to the                    are fully set forth in MRX’s Rulebook.                    IV. Solicitation of Comments
                                             proposed Nasdaq rule change and give                    The Exchange desires to conform its                         Interested persons are invited to
                                             them an opportunity to comment on the                   rules and locate those rules within the                   submit written data, views, and
                                             proposal. MRX will similarly inform its                 same location in each Rulebook to
                                                                                                                                                               arguments concerning the foregoing,
                                             members in writing when the SEC                         provide Members the ability to quickly
                                                                                                                                                               including whether the proposed rule
                                             approves any such proposed change.                      locate rules.
                                                                                                                                                               change is consistent with the Act.
                                             Implementation                                          B. Self-Regulatory Organization’s                         Comments may be submitted by any of
                                                The Exchange proposes that this rule                 Statement on Burden on Competition                        the following methods:
                                             change become operative at such time as                   The Exchange does not believe that                      Electronic Comments
                                             it receives approval for an exemption                   the proposed rule change will impose
                                             from the Securities and Exchange                        any burden on competition not                               • Use the Commission’s internet
                                             Commission, pursuant to its authority                   necessary or appropriate in furtherance                   comment form (http://www.sec.gov/
                                             under Section 36 of the Exchange Act of                 of the purposes of the Act. The                           rules/sro.shtml); or
                                             1934 (‘‘Act’’) and Rule 0–12 8                          Exchange believes that this rule change
                                                                                                                                                                 • Send an email to rule-comments@
                                             thereunder, from the Section 19(b) rule                 does not impose an undue burden on
                                                                                                                                                               sec.gov. Please include File Number SR–
                                             filing requirements to separately file a                competition because MRX is merely
                                                                                                                                                               MRX–2018–12 on the subject line.
                                             proposed rule change to amend MRX                       incorporating by reference the rules of
                                             General 7.                                              Nasdaq’s General 7 into its own                           Paper Comments
                                                                                                     Rulebook. The current General 7 is not
                                             2. Statutory Basis                                                                                                  • Send paper comments in triplicate
                                                                                                     being amended and therefore no
                                                The Exchange believes that its                       Member is impacted.                                       to Secretary, Securities and Exchange
                                             proposal is consistent with Section 6(b)                                                                          Commission, 100 F Street NE,
                                             of the Act,9 in general, and furthers the               C. Self-Regulatory Organization’s
                                                                                                                                                               Washington, DC 20549–1090.
                                             objectives of Section 6(b)(5) of the Act,10             Statement on Comments on the
                                             in particular, in that it is designed to                Proposed Rule Change Received From                        All submissions should refer to File
                                             promote just and equitable principles of                Members, Participants, or Others                          Number SR–MRX–2018–12. This file
                                             trade, to remove impediments to and                       No written comments were either                         number should be included on the
                                             perfect the mechanism of a free and                     solicited or received.                                    subject line if email is used. To help the
                                             open market and a national market                                                                                 Commission process and review your
                                                                                                     III. Date of Effectiveness of the                         comments more efficiently, please use
                                             system, and, in general to protect
                                                                                                     Proposed Rule Change and Timing for                       only one method. The Commission will
                                             investors and the public interest, by
                                                                                                     Commission Action                                         post all comments on the Commission’s
                                             consolidating its rules into a single rule
                                             set. The Exchange intends to also file                     Because the foregoing proposed rule                    internet website (http://www.sec.gov/
                                             similar proposed rule changes for the                   change does not: (i) Significantly affect                 rules/sro.shtml). Copies of the
                                             Nasdaq PHLX LLC; Nasdaq GEMX, LLC;                      the protection of investors or the public                 submission, all subsequent
                                             Nasdaq ISE, LLC; and Nasdaq MRX, LLC                    interest; (ii) impose any significant                     amendments, all written statements
                                             markets so that the General 7 Rules                     burden on competition; and (iii) become                   with respect to the proposed rule
                                             which govern Consolidated Audit Trail                   operative for 30 days from the date on                    change that are filed with the
                                             Compliance are conformed.                               which it was filed, or such shorter time                  Commission, and all written
                                                Incorporating by reference the Nasdaq                as the Commission may designate, it has                   communications relating to the
                                             General 7 Rules into the MRX General                    become effective pursuant to Section                      proposed rule change between the
                                             7 Rules will provide an easy reference                  19(b)(3)(A)(iii) of the Act 11 and                        Commission and any person, other than
                                             for Members seeking to comply with                      subparagraph (f)(6) of Rule 19b–4                         those that may be withheld from the
                                             Consolidated Audit Trail on multiple                    thereunder.12                                             public in accordance with the
                                             markets. As noted, the Exchange intends                    At any time within 60 days of the                      provisions of 5 U.S.C. 552, will be
                                             to file similar proposed rule changes for               filing of the proposed rule change, the                   available for website viewing and
                                             other affiliated markets so that Nasdaq                 Commission summarily may                                  printing in the Commission’s Public
                                             General 7 is the source document for all                temporarily suspend such rule change if                   Reference Room, 100 F Street NE,
                                             Nasdaq Consolidated Audit Trail rules.                  it appears to the Commission that such                    Washington, DC 20549, on official
                                             The Exchange notes that the current rule                action is: (i) Necessary or appropriate in                business days between the hours of
                                                                                                     the public interest; (ii) for the protection              10:00 a.m. and 3:00 p.m. Copies of the
                                             Exchange Act of 1934 (‘‘Act’’) and Rule 0–126           of investors; or (iii) otherwise in                       filing also will be available for
                                             thereunder, from the Section 19(b) rule filing          furtherance of the purposes of the Act.
                                             requirements to separately file a proposed rule                                                                   inspection and copying at the principal
                                             change to amend MRX General 7.
                                                                                                     If the Commission takes such action, the                  office of the Exchange. All comments
                                               7 MRX will provide such notice via a posting on       Commission shall institute proceedings                    received will be posted without change.
                                             the same website location where MRX posts its own                                                                 Persons submitting comments are
                                             rule filings pursuant to Rule 19b–4 within the            11 15  U.S.C. 78s(b)(3)(A)(iii).
                                             timeframe require by such Rule. The website               12 17
                                                                                                                                                               cautioned that we do not redact or edit
                                                                                                              CFR 240.19b–4(f)(6). In addition, Rule 19b–
amozie on DSK30RV082PROD with NOTICES




                                             posting will include a link to the location on the      4(f)(6)(iii) requires the Exchange to give the            personal identifying information from
                                             Nasdaq website where the applicable proposed rule       Commission written notice of the Exchange’s intent        comment submissions. You should
                                             change is posted.                                       to file the proposed rule change, along with a brief      submit only information that you wish
                                               8 See 17 CFR 240.0–12; Exchange Act Release No.
                                                                                                     description and text of the proposed rule change,         to make available publicly. All
                                             39624 (February 5, 1998), 63 FR 8101 (February 18,      at least five business days prior to the date of filing
                                             1998).                                                  of the proposed rule change, or such shorter time
                                                                                                                                                               submissions should refer to File
                                               9 15 U.S.C. 78f(b).
                                                                                                     as designated by the Commission. The Exchange             Number SR–MRX–2018–12 and should
                                               10 15 U.S.C. 78f(b)(5).                               has satisfied this requirement.                           be submitted on or before May 17, 2018.


                                        VerDate Sep<11>2014   16:58 Apr 25, 2018   Jkt 244001   PO 00000   Frm 00104   Fmt 4703   Sfmt 4703   E:\FR\FM\26APN1.SGM    26APN1


                                             18366                           Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Notices

                                               For the Commission, by the Division of                 changes to certain definitions governing              definitions governing IPO and Opening
                                             Trading and Markets, pursuant to delegated               IPO and Opening Auctions. The                         Auctions.
                                             authority.13                                             Exchange has designated this rule                        Pursuant to Rule 11.350(e), the
                                             Eduardo A. Aleman,                                       change as ‘‘non-controversial’’ under                 Exchange will conduct an IPO Auction
                                             Assistant Secretary.                                     Section 19(b)(3)(A) of the Act 11 and                 for securities that are the subject of an
                                             [FR Doc. 2018–08733 Filed 4–25–18; 8:45 am]              provided the Commission with the                      initial public offering on the first day of
                                             BILLING CODE 8011–01–P                                   notice required by Rule 19b–4(f)(6)                   listing.14 In addition, as proposed, the
                                                                                                      thereunder.12                                         Exchange will also conduct an IPO
                                                                                                         The text of the proposed rule change               Auction on the first day of listing for a
                                             SECURITIES AND EXCHANGE                                  is available at the Exchange’s website at             new issue that is not an initial public
                                             COMMISSION                                               www.iextrading.com, at the principal                  offering, provided that a broker-dealer
                                             [Release No. 34–83075; File No. SR–IEX–                  office of the Exchange, and at the                    serving in the role of financial advisor
                                             2018–08]                                                 Commission’s Public Reference Room.                   to the issuer of the securities being
                                                                                                      II. Self-Regulatory Organization’s                    listed is willing to perform the functions
                                             Self-Regulatory Organizations;
                                                                                                      Statement of the Purpose of, and                      that are performed by an underwriter
                                             Investors Exchange LLC; Notice of
                                                                                                      Statutory Basis for, the Proposed Rule                with respect to an initial public offering
                                             Filing and Immediate Effectiveness of
                                                                                                      Change                                                as specified in Rule 11.280(h)(9)
                                             Proposed Rule Change To Amend Rule
                                             11.350 To Clarify When a New IEX-                                                                              (‘‘specified underwriter functions’’).15
                                                                                                        In its filing with the Commission, the              For securities that are not the subject of
                                             Listed Security Will Be Eligible To
                                                                                                      self-regulatory organization included                 an initial public offering or other new
                                             Begin Trading With an IPO Auction
                                                                                                      statements concerning the purpose of,                 issues where a broker-dealer is
                                             April 20, 2018.                                          and basis for, the proposed rule change               unwilling to perform the specified
                                                Pursuant to Section 19(b)(1) 1 of the                 and discussed any comments it received                underwriter functions, the security will
                                             Securities Exchange Act of 1934 (the                     on the proposed rule change. The text                 be eligible to begin trading in the Pre-
                                             ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   of these statement [sic] may be                       Market Session and have an Opening
                                             notice is hereby given that, on April 17,                examined at the places specified in Item              Auction on IEX at the start of Regular
                                             2018, the Investors Exchange LLC                         IV below. The self-regulatory                         Market Hours, instead of conducting an
                                             (‘‘IEX’’ or the ‘‘Exchange’’) filed with the             organization has prepared summaries,                  IPO Auction on the first day of listing.16
                                             Securities and Exchange Commission                       set forth in Sections A, B, and C below,              As an example, if an issuer with a class
                                             (the ‘‘Commission’’) the proposed rule                   of the most significant aspects of such               of common stock listed on IEX offers
                                             change as described in Items I and II                    statements.                                           and lists a class of preferred stock on
                                             below, which Items have been prepared                    A. Self-Regulatory Organization’s                     IEX, the offering of the preferred stock
                                             by the self-regulatory organization. The                 Statement of the Purpose of, and the                  would not constitute an initial public
                                             Commission is publishing this notice to                  Statutory Basis for, the Proposed Rule                offering and if there is no broker-dealer
                                             solicit comments on the proposed rule                    Change                                                serving in the role of financial advisor
                                             change from interested persons.                                                                                to the issuer of the preferred stock that
                                                                                                      1. Purpose                                            is willing to perform the specified
                                             I. Self-Regulatory Organization’s
                                             Statement of the Terms of Substance of                   Overview                                              underwriter functions, the security will
                                             the Proposed Rule Change                                                                                       be eligible to begin trading in the Pre-
                                                                                                         On August 4, 2017, the Commission                  Market Session and have an Opening
                                                Pursuant to the provisions of Section                 approved a proposed rule change filed                 Auction on IEX at the start of Regular
                                             19(b)(1) under the Securities Exchange                   by the Exchange to adopt rules
                                             Act of 1934 (‘‘Act’’),4 and Rule 19b–4                   governing auctions in IEX-listed                         14 Pursuant to section 12(f)(1)(G)(i)–(ii) of the
                                             thereunder,5 IEX is filing with the                      securities (‘‘IEX Auctions’’), including              Securities and Exchange Act, a security is the
                                             Commission a proposed rule change to                     provisions governing the initial public               subject of an initial public offering if the offering
                                             amend Rules 11.350(e) and (a) to clarify                 offering (‘‘IPO’’) of IEX-listed                      of the subject security is registered under the
                                                                                                                                                            Securities Act of 1933, the issuer of the security,
                                             that a new IEX-listed security that is not               securities.13 The Exchange intends to                 immediately prior to filing the registration
                                             the subject of an initial public offering                launch a listings program for corporate               statement with respect to the offering, was not
                                             (‘‘IPO’’) 6 or otherwise being priced                    issuers in 2018. The purpose of this                  subject to the reporting requirements of the Act, and
                                             pursuant to Rule 11.280(h)(9) will be                    proposed rule change is to amend                      the initial public offering of such security
                                                                                                                                                            commences at the opening of trading on the day on
                                             eligible to begin trading in the Pre-                    paragraphs (e) and (a) of Rule 11.350,                which such security commences trading on the
                                             Market Session 7 and have an Opening                     and adopt new Supplemental Material                   national securities exchange with which such
                                             Auction 8 on IEX at the start of Regular                 .01 and .02 to Rule 11.350(e) to clarify              security is registered. See 15 U.S.C. 78l(f)(1)(G). See
                                             Market Hours,9 rather than an IPO                        that a new IEX-listed security that is not            also proposed Supplemental Material .01 to Rule
                                                                                                                                                            11.350(e).
                                             Auction,10 and to make corresponding                     the subject of an initial public offering                15 Pursuant to Rule 11.280(h)(9), the process for
                                                                                                      or otherwise being priced pursuant to                 halting and initial pricing of a security that is the
                                               13 17 CFR 200.30–3(a)(12).                             Rule 11.280(h)(9) will be eligible to                 subject of an IPO shall also be available for the
                                               1 15 U.S.C.78s(b)(1).                                                                                        initial pricing of any other security that has not
                                                                                                      begin trading in the Pre-Market Session
                                               2 15 U.S.C. 78a.                                                                                             been listed on a national securities exchange or
                                               3 17 CFR 240.19b–4.
                                                                                                      and have an Opening Auction on IEX at                 traded in the over-the-counter market pursuant to
                                               4 15 U.S.C. 78s(b)(1).
                                                                                                      the start of Regular Market Hours, rather             FINRA Form 211 immediately prior to the initial
                                                                                                      than an IPO Auction, and to make                      pricing, provided that a broker-dealer serving in the
amozie on DSK30RV082PROD with NOTICES




                                               5 17 CFR 240.19b–4.
                                               6 The term IPO refers to the initial public offering   corresponding changes to certain                      role of financial advisor to the issuer of the
                                                                                                                                                            securities being listed is willing to perform the
                                             of securities registered under Section 6 of the                                                                functions under IEX Rule 11.280(h)(8) that are
                                             Securities Act of 1933.                                    11 15 U.S.C. 78s(b)(3)(A).                          performed by an underwriter with respect to an
                                               7 See Rule 1.160(z).                                     12 17 CFR 240.19b–4.                                initial public offering. See also proposed
                                               8 See Rule 11.350(c).                                    13 See Securities Exchange Act Release No. 81316    Supplemental Material .01 to Rule 11.350(e).
                                               9 See Rule 1.160(gg).
                                                                                                      (August 4, 2017), 82 FR 37474 (August 10, 2017).         16 See proposed Supplemental Material .02 to
                                               10 See Rule 11.350(e).                                 See also Rule 11.350(e).                              Rule 11.350(e) and Rule 11.350(c).



                                        VerDate Sep<11>2014    16:58 Apr 25, 2018   Jkt 244001   PO 00000   Frm 00105   Fmt 4703   Sfmt 4703   E:\FR\FM\26APN1.SGM   26APN1



Document Created: 2018-11-02 08:20:15
Document Modified: 2018-11-02 08:20:15
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 18364 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR